A.S.I.S. Legislative Committee Information
Effective 3/14/07, House Bill 347 amends the Conceal Carry law in Ohio as follows:
Conceal Carry and Repeal of Municipal Gun Ordinances (H. B. No. 347)
The Act revises the laws regarding the carrying of a concealed handgun and also contains a preemption provision that repeals municipal gun ordinances. More specifically, the Act:
- Enacts Section 9.83 (which is a preemption provision) that will repeal municipal ordinances dealing with the sale and possession of firearms and will prevent any future enactments of such ordinances.
- Repeals the plain sight provision of current law that allows a licensee to carry a handgun in a vehicle if the handgun is in a holster and in plain sight on the person’s person or if the handgun is securely encased by being stored in a closed, locked compartment or in a case that is in plain sight and that is locked. The Act provides that a person can carry a loaded handgun in a vehicle if it is in a closed case, bag, box, or other container that is in plain sight and that has a lid, a cover, or a closing mechanism with a zipper, snap, or buckle, which must be opened for a person to again access to the handgun.
- Under current law those law enforcement personnel authorized to carry a loaded firearm and acting within their scope of their duties are exempt from various restrictions dealing with the carrying of a firearm. The Act expands these exemptions. Section 1547.69(H) states that the exemptions apply to any person employed in this state who is authorized to have a loaded weapon in a boat, and who has a firearms requalification certificate, unless the person’s appointing authority has expressly specified that the exemption does not apply to that person. Section 2923.12©) of the Act contains a similar provision that provides that the various restriction found in Section 2923.12 do not apply to those authorized to carry a firearm, have a firearms requalification certificate, and whose appointing authority has not expressly specified that the exemption does not apply. Section 2923.16 also contains a similar provision.
Sections 2923.121 (liquor establishments), 2923.122 (school zones), 2923.123 (courthouses) currently prohibit licensees from carrying in these places; but in general, allows carrying by those on duty. All three sections are amended by the Act to allow carrying of a firearm into these places by those employed in this state, who are authorized to carry a firearm, who have a firearms requalification certificate, and whose appointing authority has not expressly specified that the exemption does not apply to the person.
- In general, allows BCII investigators to carry in the same manner as peace officers.
- Permits a qualified retired peace officer who possesses retired peace officer identification and a valid firearms requalification certificate to carry a concealed handgun in the same manner as a licensee. (See Section 2923.126(F)) Agencies are to issue a retired peace officer identification card to any person who retired from service as a peace officer if the issuance is in accordance with the agency’s policies and procedures and if the person satisfies the criteria set forth in the statute, such as retiring in good standing, carried a firearm in the performance of his duties, and was employed as a peace officer for an aggregate of fifteen years or more. The ID may include the firearms requalification certificate if the agency certifies the officer—the agency is not required to provide the retired peace officer with the opportunity to attend its firearms requalification program. The agency may charge a reasonable fee for the ID and for the firearms requalification if it is provided.
It should be noted that the Governor vetoed the bill and the veto was overridden by the General Assembly.
Effective: 3/14/07
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