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State of Ohio’s Concealed Carry Law

TUSCARAWAS COUNTY SHERIFF’S OFFICE
CONCEALED CARRY HANDGUN PROCEDURE

Overview
Under Ohio Revised Code 311.41, the Sheriff has the authority to issue Concealed Carry Handgun License and Temporary Emergency Concealed Carry License to persons who meet the legal requirements of Ohio Revised Code 2923.125.  If a person meets the requirement as prescribed, the Sheriff shall issue the license.  However, the Sheriff has the authority to deny, suspend or revoke a license for cause.  Below is detailed information regarding requirements for obtaining a license, disqualification from receiving a license, responsibility of the licensee, prohibited places from carrying a handgun, suspension of a license, revocation of a license, reciprocity of a license, temporary emergency licenses, renewal of a license and records of licenses.

Requirements for Obtaining a License
An applicant must meet the following requirements:

ü       21 years of age

ü       Legally living in the United States

ü       Ohio resident for 45 days

ü       Resident of Tuscarawas County or adjacent county for 30 days

ü       Complete application (applications available at the Tuscarawas County Sheriff’s Office or click HERE)

ü       Complete mandatory training requirements or its equivalent

ü       Pass a background investigation, which includes fingerprinting taken electronically

ü       Attest the applicant has read the OPOTC pamphlet (pamphlets available at the Tuscarawas County Sheriff’s Office or on-line on the Ohio Attorney General’s web site at www.ohioattorneygeneral.gov.

ü       Attest the handgun will be carried for lawful purposes

ü       Provide a non-refundable fee in the form of cash (no coins), cashier’s check or money order

The applicant must produce documentation of completion of required training.  The training must have been completed within three years prior to the application or prior equivalent training through experience in the U.S. Military or Law Enforcement within the last six years. Current military must show proof of firearm proficiency. Discharged military must show DD214 with firearms qualifcations listed.

Disqualifications from Receiving a License
The following disqualifies an applicant from receiving a license:

ü       Not received the required training within three years

ü       Prohibited by Federal Law to possess a firearm. (Domestic violence conviction will disqualify Federally)

ü      Charged or under indictment for any felony, any drug offense, misdemeanor crime of violence (assault, aggravated menacing, menacing by stalking, menacing, arson  or riot, inducing panic, domestic violence, endangering children, intimidation of victims/witnesses, escape or discharge of a firearm in school zone or habitation), negligent assault, falsification to obtain CCL or possess a revoked or suspended CCL

ü       Convicted within five years of application of two or more assaults, two or more negligent assaults or convicted within ten years of resisting arrest

ü       Has been convicted of any felony, any drug offense or assaulting of a Peace Officer

ü      Convicted within three years prior to application for misdemeanor crime of violence (assault, aggravated menacing, menacing by stalking, menacing, arson or riot,  inducing panic, endangering children, intimidation of victims/witnesses, escape or discharge of a firearm in school zone or habitation)

ü       Adjudicated mentally incompetent

ü       Committed to a mental institution

ü       Found to be mentally ill and subjected to hospitalization by a court order

ü       Involuntarily hospitalized other than for purposes of observation

ü       Subject of a temporary or civil protection order

Responsibilities of Concealed Carry Licensee
A person who is issued a Concealed Carry License has the responsibility to obey the law when applying for a license.  Equally important, the person who has been issued a license must do so responsibly.  Licensees who do not, subject themselves to criminal liability as well as losing their privilege to carry a concealed handgun.

The applicant must meet all requirements of 2923.125 and 2923.1213 of the Ohio Revised Code.  An applicant shall not make false statements or knowingly swear or affirm the truth of a false statement in order to obtain a license.  An applicant shall not knowingly present a fictitious or altered document that purports to be a certificate of training.

The licensee shall notify the Sheriff’s Office of any change of address within 45 days of such change.  The licensee shall carry their license and a valid governmental identification when carrying a concealed handgun.  The licensee shall not carry a handgun in any prohibited place.

When approached by Law Enforcement, the licensee must keep hands in plain sight, announce that you have a concealed handgun, state that you have a license for it and inform the officers of the location of your handgun.  A licensee may transport or carry a loaded handgun in a motor vehicle if the handgun is carried in a holster on the person or secured in a locked glove box or a locked case lying in plain sight.  When an officer stops a vehicle, the registration is checked.  The check will notify the officer that the registrant is a licensee.  The licensee must place his/her hands in plain sight and remain there as the officer approaches.  The licensee must announce to the officer that he/she has a handgun and a license as the officer arrives at the motor vehicle. Violating this section of law is a first degree misdemeanor. The licensee must follow the officer’s instructions.  Make no attempt to remove, grasp or reach for the handgun unless instructed to do so by the officer.  A violation of the contents of this paragraph is a felony offense.

In summary, licensees should adhere to the following:

ü       Do not carry a handgun in a prohibited place

ü       Do not have a handgun while intoxicated

ü       Always keep hands in plain sight as an officer approaches

ü       Calmly announce to the approaching officer that you are a licensee and you have your handgun

ü       Always carry an additional form of identification with them

Prohibited Public Places for Carrying a Handgun
A licensee is not permitted to carry a handgun either concealed or openly displayed in any of the following public places:

ü       Any Sheriff’s Office, Police Station, Ohio State Patrol Post, Jail, Workhouse, or Corrections Institution or detention facility

ü       Airport passenger terminals

ü       State institution for treatment or training of mentally ill or disabled

ü      School safety zones.

A "school safety zone" includes a school, school building, school premises, school activity, and school bus. For purposes of this statute, a school includes everything up to the property boundary.

The law generally forbids the carrying of a handgun in a school safety zone unless all of the following apply:

  • You do not enter a school building, premises or activity; and
  • You have a concealed carry license or temporary emergency license; and
  • You are not otherwise in one of the forbidden places listed above and detailed in R.C. 2923.126 (B); or
  • You are a driver or passenger in a motor vehicle immediately in the process of picking up or dropping off a child, and you are not otherwise in violation of the laws governing transportation of firearms in motor vehicles.

ü       Courthouse or building where courtroom is located

ü       Any property or premise owned or leased by a public or private college or institution of higher education unless handgun is locked in motor vehicle or in the process of being locked in a motor vehicle

ü       Church, Synagogue, Mosque or other place of worship unless permitted by authorized representative

ü       Aircraft

ü       Child Day Care Center type A, B, C

ü       Any building owned by the State of Ohio or a political subdivision

ü      Anyplace prohibited by Federal Law

Prohibited Places Regarding Private Employers

Private employers may adopt a rule, policy or practice prohibiting or concerning firearms on their premise or property including motor vehicles owned by a private employer.  These rules, policies or practices can apply to employees as well as the public who may enter or do business with the private employer.  A private employer who adopts a policy prohibiting a person from carrying a handgun onto their premise may post a sign stating the same.  However, in order to have the rule enforced, a sign must be posted in a conspicuous place and in the employee handbook and policy manual.

Signs for Prohibited Places
The signs shall be posted in all publicly prohibited places in conspicuous places.  Signs may be posted in private places but must be posted in order to be enforced.  Specific language is referenced for school zones and courthouses, which have specific Ohio Revised Code violations.  Any other violation is enforced by charging the individual with Criminal Trespass.  Owners of private places should contact their legal counsel for specific language.

Suspension of License
Suspension of a license will occur at the time of arrest or upon notification by the Sheriff for the disqualifying offense or if they become subject to a TPO/CPO.  The licensee will receive notification by certified mail.  The licensee must surrender their license to the issuing Sheriff within 10 days after the mailing or face additional charges.  The license will be returned if charges are dismissed or found not guilty.

Revocation of License
The license will be revoked by the issuing Sheriff if convicted for a disqualifying offense.  The license will also be revoked if obtained fraudulently, if knowingly carrying a handgun into a prohibited place and if adjudicated mentally incompetent.

The licensee will be notified by certified mail of the revocation.  The licensee may contest the decision of the Sheriff within 14 days of the mailing.  If upheld, the licensee must surrender the license immediately.

It is a violation of the law for a person to carry a concealed handgun while their license is suspended or revoked.  Such charge will permanently disqualify the person from ever applying again.

Reciprocity for Concealed Carry Licenses
A person, who has been issued a concealed carry license in another state that the Ohio Attorney General has entered into an agreement of Reciprocity, shall be permitted to carry a concealed handgun in Ohio and is subject to the same laws as Ohio residents.  An Ohio resident may carry in those states subject to those states’ laws. Visit the Attorney Generals web site at http://www.ohioattorneygeneral.gov/Law-Enforcement/Concealed-Carry/Concealed-Carry-Reciprocity-Agreements for a list of those states.

Temporary Emergency Concealed Carry Licenses
Section 2923.1213 of the Ohio Revised Code authorizes the Sheriff to issue a Temporary Emergency Concealed Carry License to an applicant who meets the following criteria:

ü       21 years or older

ü       Resident of the county

ü       No disqualifiers

ü       Presents evidence of imminent danger

Temporary Emergency Licenses require no training.  The Sheriff shall conduct the background check immediately, which includes fingerprinting.  A non-refundable fee of $37.00 in the form of cash (no coins), cashier's check or money order is required.  If the applicant passes, the Sheriff shall immediately issue a license.  If the applicant fails the background check, the Sheriff shall deny the applicant immediately.  The Sheriff may revoke the license with cause.  Temporary Emergency Licenses are valid for only 90 days and applicants can only receive this type of license once in four years.  Language for issuing temporary licenses replaces affirmative defense language. To download an application for a temporary license, click HERE.

Renewal of a Concealed Carry License
Renewals will be accepted not more than 90 days prior to expiration. Applicants must complete a renewal application and pay a $50.00 fee. A current or expired permit may be accepted as proof of a competency certificate. To download an application for a renewal license, click HERE.

Click here for a list of dates and times applications will be accepted and the Fee Schedule.

 

Disclaimer
The above information is being presented as a guide in order to inform the public about Ohio’s Concealed Carry Law.  It shall not be considered as legal advice or opinion or policy.