Concealed Carry Information

  Ohio's Privilege to Carry Concealed Weapons

January 08, 2004   2003 Ohio HB 12 was signed by Governor Taft

• New Ohio R.C. Section  2923.125:

• Overview:   County Sheriffs can issue Licenses to carry concealed handguns to certain persons.  Penalties for carry a false license are imposed.

•  

• It does not require the licensee to include serial numbers of handguns or other identification related to handguns.

• A temporary emergency license to carry a concealed handgun can be issued.

---------------------------------

The Sheriff must provide information in a brochure regarding all aspects of the use of deadly force with a firearm, including, but not limited to, the steps that should be taken before contemplating the use of, or using, deadly force with a firearm, possible alternatives to using deadly force with a firearm, and the law governing the use of deadly force with a firearm.

The sheriff shall conduct a criminal records check and an incompetency check of the applicant to determine whether the applicant fails to meet the criteria described in division (d)(1) of section 2923.125 of the revised code.

Applicants must submit certification in a firearms safety and training course that must meet all of the following criteria:

1.      It was open to members of the general public, and;

2.      It utilized qualified instructors who were certified by the national rifle association, the executive director of the Ohio peace officer training commission or a government of another state, or;

3.      It was offered by or under the auspices of a law enforcement agency of this or another state or the united states, a public or private college, university; Or, the applicant has military or law enforcement credentials and acquired experience with handling handguns

Applicant must submit:

1.      Certification by the applicant that the applicant has read the pamphlet that reviews firearms, dispute resolution, and use of deadly force matters

2.      A set of (digital) fingerprints

3.      to a criminal records check

4.      to an incompetency records check

Finally….within forty-five days after receipt of an applicant's completed application …. A sheriff shall make available through the law enforcement automated data system and then shall issue to the applicant a license to carry a concealed handgun that shall expire four years after the date of issuance if all of the following apply:

a.      The applicant has been a resident of this state for at least forty-five days and a resident of the county in which the person seeks the license or a county adjacent to the county in which the person seeks the license for at least thirty days

b.      The applicant is at least twenty-one years of age

c.       The applicant is not a fugitive from justice.

d.      The applicant is not under indictment for or otherwise charged with a felony; drug offense, a misdemeanor offense of violence; or assorted other violations

e.      No record of similar juvenile offenses

f.        The applicant has not been adjudicated as a mental defective, has not been committed to any mental institution, is not under adjudication of mental incompetence, has not been found by a court to be a mentally ill person subject to hospitalization by court order…

g.      The applicant is not currently subject to a civil protection order, a temporary protection order, or a protection order issued by a court of another state

h.      The applicant certifies that the applicant desires a legal means to carry a concealed handgun for defense of the applicant or a member of the applicant's family while engaged in lawful activity

i.        The applicant submits a competency certification and certification regarding the applicant's reading of the pamphlet prepared by the ohio peace officer training commission pursuant

  ....

The sheriff shall destroy or cause a designated employee to destroy all records other than the application for a license to carry a concealed handgun or the application to renew a license to carry a concealed handgun that were made in connection with the criminal records check and incompetency records check within twenty days after conducting the criminal records check and incompetency records check

  _____________________________________________________________________________________

Unconcealed Weapons are Legal!

        In the opinion of this writer, there is no law against carrying a weapon in plain view, except in certain places like court houses.  But, it's not something you want to do lightly, either.  You would definitely get the attention of the Police.  They would probably try and charge you with something like "inducing panic."  Check out these quotes from court cases:

        Ohio Definition of Concealment:    A weapon is concealed if it is so situated as not to be discernible by ordinary observation by those near enough to see it if it were not concealed, who would come into contact with the possessor in the usual associations of life, but absolute invisibility is not required because ordinary observation does not extend to a search unusually careful, thorough or detailed, made because of a suspicion that contraband, which is not visible by ordinary observation, may in actuality be present.  In order to prove the charge of weapon concealment, the State has the burden of proving by evidence beyond a reasonable doubt that the location and the situation of the gun meet the test thus set forth.   State v. Pettit, 20 Ohio App. 2d 170 (motion for leave to appeal overruled (69-828) September 24, 1970).

                Excerpt of State v. Isaacs:

        In order to prove the charge of weapon concealment here the State has the burden of proving by evidence beyond a reasonable doubt that the location and the situation of the [weapon] met the test [above].

        The only proof of concealment offered by the State on the concealed weapon charge was the testimony of the two witnesses, adverse to defendant, involved in the episode in which the shotgun was used by the defendant, namely a Mr. Place and a Mr. Hartwell.  .... Mr. Hartwell testified on direct examination that at the time he approached the defendant's car and at the time he was talking with the defendant who was sitting in the middle of the front seat of the car he did not see any weapon, and that the defendant "reached around and grabbed a gun," and further testified on cross-examination that he did not see the shotgun lying on the backseat, nor did he look on the backseat until the defendant "raised it up," to some point "in between the seats."
        ...

        It was not up to the defendant to present any evidence that it was not ... concealed until the State first presented evidence of probative value that it was so concealed.  Nevertheless, the defendant did present evidence, which in legal effect was unrebutted, that as to ordinary observation it was in plain view on the back seat of the station wagon.

        There being a complete failure of proof as to concealment of the shotgun the trial court ...[should have found the defendant not guilty on the concealed weapon charge].     

State v. Isaacs, 1982 Ohio App. LEXIS 14940  

  ____________________________________________________________________________________

Ohio § 2923.12. Carrying concealed weapons:

   “ No person shall knowingly carry or have, concealed on his or her person or concealed ready at hand, any deadly weapon or dangerous ordnance”

    This section prohibits having or carrying any deadly weapon or dangerous ordnance, either concealed on one’s person, or concealed where it may readily be picked up and used.

    The prohibition does not apply to state or federal officers, agents, or employees, or to law enforcement officers, when they are authorized to carry concealed weapons and are acting within the scope of their duties.

    Also, the section specifies affirmative defenses to a charge of carrying concealed weapons, including:

(1)                           That the accused was engaged in, or going to, or coming from his lawful business or occupation, which was of such character or carried on at such a time or place as to justify a prudent man in going armed;

(2)                           That the accused was engaged in a lawful activity and had good reason to fear an attack on himself or member of his family, such as to justify a prudent man in going armed;

(3)                           That the weapon was carried or kept in the accused’s own home for any lawful purpose; and

(4)                           That the weapon was a firearm being transported in a motor vehicle in compliance with new section 2923.16.

        Carrying concealed weapons (other than dangerous ordnance or a firearm which is either loaded or for which the ammunition is ready at hand) is a first degree misdemeanor, or a third degree felony if the offender has a prior conviction of an offense of violence.

        Carrying concealed dangerous ordnance or a firearm which is either loaded or for which the ammunition is ready at hand is a third degree felony.

        Carrying a concealed weapon of any kind aboard an aircraft or with purpose to carry it aboard an aircraft is a felony of the second degree.
 

    Warning:  the above are the opinions of the author, for informational purposes, and are not to be considered advice to carry weapons, concealed or unconcealed.  Please e-mail if you need advice on a specific situation where you want to carry a weapon.