Ohio House Bill HB46 Latest Draft

                            As Introduced
136th General Assembly
Regular Session	H. B. No. 46
2025-2026
Representatives Thomas, C., Grim
Cosponsors: Representatives Sweeney, Rader, Piccolantonio, Brent, Upchurch, 
Denson, Brennan, Mohamed, Synenberg, Abdullahi, Russo, Isaacsohn
A B I L L
To amend sections 109.57, 2923.125, 2923.128, 
2923.1213, and 2923.13 and to enact sections 
2923.26, 2923.27, 2923.28, 2923.29, 2923.30, and 
2923.99 of the Revised Code to enact the Extreme 
Risk Protection Order Act to allow certain 
persons to obtain a court order that temporarily 
restricts a person's access to firearms under 
specified circumstances.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 109.57, 2923.125, 2923.128, 
2923.1213, and 2923.13 be amended and sections 2923.26, 2923.27, 
2923.28, 2923.29, 2923.30, and 2923.99 of the Revised Code be 
enacted to read as follows:
Sec. 109.57. (A)(1) The superintendent of the bureau of 
criminal identification and investigation shall procure from 
wherever procurable and file for record photographs, pictures, 
descriptions, fingerprints, measurements, and other information 
that may be pertinent of all persons who have been convicted of 
committing within this state a felony, any crime constituting a 
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misdemeanor on the first offense and a felony on subsequent 
offenses, or any misdemeanor described in division (A)(1)(a), 
(A)(4)(a), or (A)(6)(a) of section 109.572 of the Revised Code, 
of all children under eighteen years of age who have been 
adjudicated delinquent children for committing within this state 
an act that would be a felony or an offense of violence if 
committed by an adult or who have been convicted of or pleaded 
guilty to committing within this state a felony or an offense of 
violence, and of all well-known and habitual criminals. The 
person in charge of any county, multicounty, municipal, 
municipal-county, or multicounty-municipal jail or workhouse, 
community-based correctional facility, halfway house, 
alternative residential facility, or state correctional 
institution and the person in charge of any state institution 
having custody of a person suspected of having committed a 
felony, any crime constituting a misdemeanor on the first 
offense and a felony on subsequent offenses, or any misdemeanor 
described in division (A)(1)(a), (A)(4)(a), or (A)(6)(a) of 
section 109.572 of the Revised Code or having custody of a child 
under eighteen years of age with respect to whom there is 
probable cause to believe that the child may have committed an 
act that would be a felony or an offense of violence if 
committed by an adult shall furnish such material to the 
superintendent of the bureau. Fingerprints, photographs, or 
other descriptive information of a child who is under eighteen 
years of age, has not been arrested or otherwise taken into 
custody for committing an act that would be a felony or an 
offense of violence who is not in any other category of child 
specified in this division, if committed by an adult, has not 
been adjudicated a delinquent child for committing an act that 
would be a felony or an offense of violence if committed by an 
adult, has not been convicted of or pleaded guilty to committing 
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a felony or an offense of violence, and is not a child with 
respect to whom there is probable cause to believe that the 
child may have committed an act that would be a felony or an 
offense of violence if committed by an adult shall not be 
procured by the superintendent or furnished by any person in 
charge of any county, multicounty, municipal, municipal-county, 
or multicounty-municipal jail or workhouse, community-based 
correctional facility, halfway house, alternative residential 
facility, or state correctional institution, except as 
authorized in section 2151.313 of the Revised Code. 
(2) Every clerk of a court of record in this state, other 
than the supreme court or a court of appeals, shall send to the 
superintendent of the bureau a weekly report containing a 
summary of each case involving a felony, involving any crime 
constituting a misdemeanor on the first offense and a felony on 
subsequent offenses, involving a misdemeanor described in 
division (A)(1)(a), (A)(4)(a), or (A)(6)(a) of section 109.572 
of the Revised Code, or involving an adjudication in a case in 
which a child under eighteen years of age was alleged to be a 
delinquent child for committing an act that would be a felony or 
an offense of violence if committed by an adult. The clerk of 
the court of common pleas shall include in the report and 
summary the clerk sends under this division all information 
described in divisions (A)(2)(a) to (f) of this section 
regarding a case before the court of appeals that is served by 
that clerk. The summary shall be written on the standard forms 
furnished by the superintendent pursuant to division (B) of this 
section and shall include the following information: 
(a) The incident tracking number contained on the standard 
forms furnished by the superintendent pursuant to division (B) 
of this section; 
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(b) The style and number of the case; 
(c) The date of arrest, offense, summons, or arraignment; 
(d) The date that the person was convicted of or pleaded 
guilty to the offense, adjudicated a delinquent child for 
committing the act that would be a felony or an offense of 
violence if committed by an adult, found not guilty of the 
offense, or found not to be a delinquent child for committing an 
act that would be a felony or an offense of violence if 
committed by an adult, the date of an entry dismissing the 
charge, an entry declaring a mistrial of the offense in which 
the person is discharged, an entry finding that the person or 
child is not competent to stand trial, or an entry of a nolle 
prosequi, or the date of any other determination that 
constitutes final resolution of the case; 
(e) A statement of the original charge with the section of 
the Revised Code that was alleged to be violated; 
(f) If the person or child was convicted, pleaded guilty, 
or was adjudicated a delinquent child, the sentence or terms of 
probation imposed or any other disposition of the offender or 
the delinquent child. 
If the offense involved the disarming of a law enforcement 
officer or an attempt to disarm a law enforcement officer, the 
clerk shall clearly state that fact in the summary, and the 
superintendent shall ensure that a clear statement of that fact 
is placed in the bureau's records. 
(3) The superintendent shall cooperate with and assist 
sheriffs, chiefs of police, and other law enforcement officers 
in the establishment of a complete system of criminal 
identification and in obtaining fingerprints and other means of 
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identification of all persons arrested on a charge of a felony, 
any crime constituting a misdemeanor on the first offense and a 
felony on subsequent offenses, or a misdemeanor described in 
division (A)(1)(a), (A)(4)(a), or (A)(6)(a) of section 109.572 
of the Revised Code and of all children under eighteen years of 
age arrested or otherwise taken into custody for committing an 
act that would be a felony or an offense of violence if 
committed by an adult. The superintendent also shall file for 
record the fingerprint impressions of all persons confined in a 
county, multicounty, municipal, municipal-county, or 
multicounty-municipal jail or workhouse, community-based 
correctional facility, halfway house, alternative residential 
facility, or state correctional institution for the violation of 
state laws and of all children under eighteen years of age who 
are confined in a county, multicounty, municipal, municipal-
county, or multicounty-municipal jail or workhouse, community-
based correctional facility, halfway house, alternative 
residential facility, or state correctional institution or in 
any facility for delinquent children for committing an act that 
would be a felony or an offense of violence if committed by an 
adult, and any other information that the superintendent may 
receive from law enforcement officials of the state and its 
political subdivisions. 
(4) The superintendent shall carry out Chapter 2950. of 
the Revised Code with respect to the registration of persons who 
are convicted of or plead guilty to a sexually oriented offense 
or a child-victim oriented offense and with respect to all other 
duties imposed on the bureau under that chapter. 
(5) The bureau shall perform centralized recordkeeping 
functions for criminal history records and services in this 
state for purposes of the national crime prevention and privacy 
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compact set forth in section 109.571 of the Revised Code and is 
the criminal history record repository as defined in that 
section for purposes of that compact. The superintendent or the 
superintendent's designee is the compact officer for purposes of 
that compact and shall carry out the responsibilities of the 
compact officer specified in that compact. 
(6) The superintendent shall, upon request, assist a 
county coroner in the identification of a deceased person 
through the use of fingerprint impressions obtained pursuant to 
division (A)(1) of this section or collected pursuant to section 
109.572 or 311.41 of the Revised Code. 
(B) The superintendent shall prepare and furnish to every 
county, multicounty, municipal, municipal-county, or 
multicounty-municipal jail or workhouse, community-based 
correctional facility, halfway house, alternative residential 
facility, or state correctional institution and to every clerk 
of a court in this state specified in division (A)(2) of this 
section standard forms for reporting the information required 
under division (A) of this section. The standard forms that the 
superintendent prepares pursuant to this division may be in a 
tangible format, in an electronic format, or in both tangible 
formats and electronic formats. 
(C)(1) The superintendent may operate a center for 
electronic, automated, or other data processing for the storage 
and retrieval of information, data, and statistics pertaining to 
criminals and to children under eighteen years of age who are 
adjudicated delinquent children for committing an act that would 
be a felony or an offense of violence if committed by an adult, 
criminal activity, crime prevention, law enforcement, and 
criminal justice, and may establish and operate a statewide 
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communications network to be known as the Ohio law enforcement 
gateway to gather and disseminate information, data, and 
statistics for the use of law enforcement agencies and for other 
uses specified in this division. The superintendent may gather, 
store, retrieve, and disseminate information, data, and 
statistics that pertain to children who are under eighteen years 
of age and that are gathered pursuant to sections 109.57 to 
109.61 of the Revised Code together with information, data, and 
statistics that pertain to adults and that are gathered pursuant 
to those sections. 
(2) The superintendent or the superintendent's designee 
shall gather information of the nature described in division (C)
(1) of this section that pertains to the offense and delinquency 
history of a person who has been convicted of, pleaded guilty 
to, or been adjudicated a delinquent child for committing a 
sexually oriented offense or a child-victim oriented offense for 
inclusion in the state registry of sex offenders and child-
victim offenders maintained pursuant to division (A)(1) of 
section 2950.13 of the Revised Code and in the internet database 
operated pursuant to division (A)(13) of that section and for 
possible inclusion in the internet database operated pursuant to 
division (A)(11) of that section. 
(3) In addition to any other authorized use of 
information, data, and statistics of the nature described in 
division (C)(1) of this section, the superintendent or the 
superintendent's designee may provide and exchange the 
information, data, and statistics pursuant to the national crime 
prevention and privacy compact as described in division (A)(5) 
of this section. 
(4) The Ohio law enforcement gateway shall contain the 
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name, confidential address, and telephone number of program 
participants in the address confidentiality program established 
under sections 111.41 to 111.47 of the Revised Code. 
(5) The attorney general may adopt rules under Chapter 
119. of the Revised Code establishing guidelines for the 
operation of and participation in the Ohio law enforcement 
gateway. The rules may include criteria for granting and 
restricting access to information gathered and disseminated 
through the Ohio law enforcement gateway. The attorney general 
shall adopt rules under Chapter 119. of the Revised Code that 
grant access to information in the gateway regarding an address 
confidentiality program participant under sections 111.41 to 
111.47 of the Revised Code to only chiefs of police, village 
marshals, county sheriffs, county prosecuting attorneys, and a 
designee of each of these individuals. The attorney general 
shall permit an office of a county coroner, the state medical 
board, and board of nursing to access and view, but not alter, 
information gathered and disseminated through the Ohio law 
enforcement gateway. 
The attorney general may appoint a steering committee to 
advise the attorney general in the operation of the Ohio law 
enforcement gateway that is comprised of persons who are 
representatives of the criminal justice agencies in this state 
that use the Ohio law enforcement gateway and is chaired by the 
superintendent or the superintendent's designee. 
(D)(1) The following are not public records under section 
149.43 of the Revised Code: 
(a) Information and materials furnished to the 
superintendent pursuant to division (A) of this section; 
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(b) Information, data, and statistics gathered or 
disseminated through the Ohio law enforcement gateway pursuant 
to division (C)(1) of this section; 
(c) Information and materials furnished to any board or 
person under division (F) or (G) of this section. 
(2) The superintendent or the superintendent's designee 
shall gather and retain information so furnished under division 
(A) of this section that pertains to the offense and delinquency 
history of a person who has been convicted of, pleaded guilty 
to, or been adjudicated a delinquent child for committing a 
sexually oriented offense or a child-victim oriented offense for 
the purposes described in division (C)(2) of this section. 
(E)(1) The attorney general shall adopt rules, in 
accordance with Chapter 119. of the Revised Code and subject to 
division (E)(2) of this section, setting forth the procedure by 
which a person may receive or release information gathered by 
the superintendent pursuant to division (A) of this section. A 
reasonable fee may be charged for this service. If a temporary 
employment service submits a request for a determination of 
whether a person the service plans to refer to an employment 
position has been convicted of or pleaded guilty to an offense 
listed or described in division (A)(1), (2), or (3) of section 
109.572 of the Revised Code, the request shall be treated as a 
single request and only one fee shall be charged. 
(2) Except as otherwise provided in this division or 
division (E)(3) or (4) of this section, a rule adopted under 
division (E)(1) of this section may provide only for the release 
of information gathered pursuant to division (A) of this section 
that relates to the conviction of a person, or a person's plea 
of guilty to, a criminal offense or to the arrest of a person as 
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provided in division (E)(3) of this section. The superintendent 
shall not release, and the attorney general shall not adopt any 
rule under division (E)(1) of this section that permits the 
release of, any information gathered pursuant to division (A) of 
this section that relates to an adjudication of a child as a 
delinquent child, or that relates to a criminal conviction of a 
person under eighteen years of age if the person's case was 
transferred back to a juvenile court under division (B)(2) or 
(3) of section 2152.121 of the Revised Code and the juvenile 
court imposed a disposition or serious youthful offender 
disposition upon the person under either division, unless either 
of the following applies with respect to the adjudication or 
conviction: 
(a) The adjudication or conviction was for a violation of 
section 2903.01 or 2903.02 of the Revised Code. 
(b) The adjudication or conviction was for a sexually 
oriented offense, the juvenile court was required to classify 
the child a juvenile offender registrant for that offense under 
section 2152.82, 2152.83, or 2152.86 of the Revised Code, that 
classification has not been removed, and the records of the 
adjudication or conviction have not been sealed or expunged 
pursuant to sections 2151.355 to 2151.358 or sealed or expunged 
pursuant to section 2953.32 of the Revised Code. 
(3) A rule adopted under division (E)(1) of this section 
may provide for the release of information gathered pursuant to 
division (A) of this section that relates to the arrest of a 
person who is eighteen years of age or older when the person has 
not been convicted as a result of that arrest if any of the 
following applies: 
(a) The arrest was made outside of this state. 
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(b) A criminal action resulting from the arrest is 
pending, and the superintendent confirms that the criminal 
action has not been resolved at the time the criminal records 
check is performed. 
(c) The bureau cannot reasonably determine whether a 
criminal action resulting from the arrest is pending, and not 
more than one year has elapsed since the date of the arrest. 
(4) A rule adopted under division (E)(1) of this section 
may provide for the release of information gathered pursuant to 
division (A) of this section that relates to an adjudication of 
a child as a delinquent child if not more than five years have 
elapsed since the date of the adjudication, the adjudication was 
for an act that would have been a felony if committed by an 
adult, the records of the adjudication have not been sealed or 
expunged pursuant to sections 2151.355 to 2151.358 of the 
Revised Code, and the request for information is made under 
division (F) of this section or under section 109.572 of the 
Revised Code. In the case of an adjudication for a violation of 
the terms of community control or supervised release, the five-
year period shall be calculated from the date of the 
adjudication to which the community control or supervised 
release pertains. 
(F)(1) As used in division (F)(2) of this section, "head 
start agency" means an entity in this state that has been 
approved to be an agency for purposes of subchapter II of the 
"Community Economic Development Act," 95 Stat. 489 (1981), 42 
U.S.C.A. 9831, as amended. 
(2)(a) In addition to or in conjunction with any request 
that is required to be made under section 109.572, 2151.86, 
3301.32, 3301.541, division (C) of section 3310.58, or section 
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3319.39, 3319.391, 3327.10, 3740.11, 5104.013, 5123.081, or 
5153.111 of the Revised Code or that is made under section 
3314.41, 3319.392, 3326.25, or 3328.20 of the Revised Code, the 
board of education of any school district; the director of 
developmental disabilities; any county board of developmental 
disabilities; any provider or subcontractor as defined in 
section 5123.081 of the Revised Code; the chief administrator of 
any chartered nonpublic school; the chief administrator of a 
registered private provider that is not also a chartered 
nonpublic school; the chief administrator of any home health 
agency; the chief administrator of or person operating any child 
care center, type A family child care home, or type B family 
child care home licensed under Chapter 5104. of the Revised 
Code; the chief administrator of or person operating any 
authorized private before and after school care program; the 
chief administrator of any head start agency; the executive 
director of a public children services agency; a private company 
described in section 3314.41, 3319.392, 3326.25, or 3328.20 of 
the Revised Code; or an employer described in division (J)(2) of 
section 3327.10 of the Revised Code may request that the 
superintendent of the bureau investigate and determine, with 
respect to any individual who has applied for employment in any 
position after October 2, 1989, or any individual wishing to 
apply for employment with a board of education may request, with 
regard to the individual, whether the bureau has any information 
gathered under division (A) of this section that pertains to 
that individual. On receipt of the request, subject to division 
(E)(2) of this section, the superintendent shall determine 
whether that information exists and, upon request of the person, 
board, or entity requesting information, also shall request from 
the federal bureau of investigation any criminal records it has 
pertaining to that individual. The superintendent or the 
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superintendent's designee also may request criminal history 
records from other states or the federal government pursuant to 
the national crime prevention and privacy compact set forth in 
section 109.571 of the Revised Code. Within thirty days of the 
date that the superintendent receives a request, subject to 
division (E)(2) of this section, the superintendent shall send 
to the board, entity, or person a report of any information that 
the superintendent determines exists, including information 
contained in records that have been sealed under section 2953.32 
of the Revised Code, and, within thirty days of its receipt, 
subject to division (E)(2) of this section, shall send the 
board, entity, or person a report of any information received 
from the federal bureau of investigation, other than information 
the dissemination of which is prohibited by federal law. 
(b) When a board of education or a registered private 
provider is required to receive information under this section 
as a prerequisite to employment of an individual pursuant to 
division (C) of section 3310.58 or section 3319.39 of the 
Revised Code, it may accept a certified copy of records that 
were issued by the bureau of criminal identification and 
investigation and that are presented by an individual applying 
for employment with the district in lieu of requesting that 
information itself. In such a case, the board shall accept the 
certified copy issued by the bureau in order to make a photocopy 
of it for that individual's employment application documents and 
shall return the certified copy to the individual. In a case of 
that nature, a district or provider only shall accept a 
certified copy of records of that nature within one year after 
the date of their issuance by the bureau. 
(c) Notwithstanding division (F)(2)(a) of this section, in 
the case of a request under section 3319.39, 3319.391, or 
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3327.10 of the Revised Code only for criminal records maintained 
by the federal bureau of investigation, the superintendent shall 
not determine whether any information gathered under division 
(A) of this section exists on the person for whom the request is 
made. 
(3) The state board of education or the department of 
education and workforce may request, with respect to any 
individual who has applied for employment after October 2, 1989, 
in any position with the state board or the department of 
education and workforce, any information that a school district 
board of education is authorized to request under division (F)
(2) of this section, and the superintendent of the bureau shall 
proceed as if the request has been received from a school 
district board of education under division (F)(2) of this 
section. 
(4) When the superintendent of the bureau receives a 
request for information under section 3319.291 of the Revised 
Code, the superintendent shall proceed as if the request has 
been received from a school district board of education and 
shall comply with divisions (F)(2)(a) and (c) of this section. 
(G) In addition to or in conjunction with any request that 
is required to be made under section 3712.09, 3721.121, or 
3740.11 of the Revised Code with respect to an individual who 
has applied for employment in a position that involves providing 
direct care to an older adult or adult resident, the chief 
administrator of a home health agency, hospice care program, 
home licensed under Chapter 3721. of the Revised Code, or adult 
day-care program operated pursuant to rules adopted under 
section 3721.04 of the Revised Code may request that the 
superintendent of the bureau investigate and determine, with 
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respect to any individual who has applied after January 27, 
1997, for employment in a position that does not involve 
providing direct care to an older adult or adult resident, 
whether the bureau has any information gathered under division 
(A) of this section that pertains to that individual. 
In addition to or in conjunction with any request that is 
required to be made under section 173.27 of the Revised Code 
with respect to an individual who has applied for employment in 
a position that involves providing ombudsman services to 
residents of long-term care facilities or recipients of 
community-based long-term care services, the state long-term 
care ombudsman, the director of aging, a regional long-term care 
ombudsman program, or the designee of the ombudsman, director, 
or program may request that the superintendent investigate and 
determine, with respect to any individual who has applied for 
employment in a position that does not involve providing such 
ombudsman services, whether the bureau has any information 
gathered under division (A) of this section that pertains to 
that applicant. 
In addition to or in conjunction with any request that is 
required to be made under section 173.38 of the Revised Code 
with respect to an individual who has applied for employment in 
a direct-care position, the chief administrator of a provider, 
as defined in section 173.39 of the Revised Code, may request 
that the superintendent investigate and determine, with respect 
to any individual who has applied for employment in a position 
that is not a direct-care position, whether the bureau has any 
information gathered under division (A) of this section that 
pertains to that applicant. 
In addition to or in conjunction with any request that is 
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As Introduced
required to be made under section 3712.09 of the Revised Code 
with respect to an individual who has applied for employment in 
a position that involves providing direct care to a pediatric 
respite care patient, the chief administrator of a pediatric 
respite care program may request that the superintendent of the 
bureau investigate and determine, with respect to any individual 
who has applied for employment in a position that does not 
involve providing direct care to a pediatric respite care 
patient, whether the bureau has any information gathered under 
division (A) of this section that pertains to that individual. 
On receipt of a request under this division, the 
superintendent shall determine whether that information exists 
and, on request of the individual requesting information, shall 
also request from the federal bureau of investigation any 
criminal records it has pertaining to the applicant. The 
superintendent or the superintendent's designee also may request 
criminal history records from other states or the federal 
government pursuant to the national crime prevention and privacy 
compact set forth in section 109.571 of the Revised Code. Within 
thirty days of the date a request is received, subject to 
division (E)(2) of this section, the superintendent shall send 
to the requester a report of any information determined to 
exist, including information contained in records that have been 
sealed under section 2953.32 of the Revised Code, and, within 
thirty days of its receipt, shall send the requester a report of 
any information received from the federal bureau of 
investigation, other than information the dissemination of which 
is prohibited by federal law. 
(H) Information obtained by a government entity or person 
under this section is confidential and shall not be released or 
disseminated. 
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(I) The superintendent may charge a reasonable fee for 
providing information or criminal records under division (F)(2) 
or (G) of this section. 
(J)(J)(1) The superintendent shall develop and prepare 
instructions and informational brochures, standard petitions, 
and extreme risk protection order forms, and a court staff 
handbook on the extreme risk protection order process. The 
standard petitions and order forms shall be prepared and 
available for use not later than six months after the effective 
date of this amendment, for all petitions filed and orders 
issued under sections 2923.26 to 2923.30 of the Revised Code. 
The instructions, brochures, forms, and handbook shall be 
prepared in consultation with interested parties, including 
representatives of gun violence prevention groups, judges, and 
law enforcement personnel. Materials shall be based on best 
practices and shall be made available online to the public. The 
petitions and petition forms referred to in divisions (J)(1) to 
(11) of this section mean both petitions for requesting an 
extreme risk protection order under section 2923.26 of the 
Revised Code and applications for requesting an ex parte extreme 
risk protection order under section 2923.27 of the Revised Code.
(2) The instructions shall be designed to assist 
petitioners in completing the petition, and shall include a 
sample of a standard petition and an extreme risk protection 
order form.
(3) The instructions and standard petition shall include a 
means for the petitioner to identify, without special knowledge, 
the firearms the respondent may own, possess, receive, or have 
in the respondent's custody or control. The instructions shall 
provide pictures of types of firearms that the petitioner may 
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choose from to identify the relevant firearms, or an equivalent 
means to allow petitioners to identify firearms without 
requiring specific or technical knowledge regarding the 
firearms.
(4) The informational brochure shall describe the use of 
and the process for obtaining, modifying, and terminating an 
extreme risk protection order under sections 2923.26 to 2923.30 
of the Revised Code and provide relevant forms.
(5) The extreme risk protection order form shall include, 
in a conspicuous location, notice of criminal penalties 
resulting from a violation of the order, and the following 
statement:
"You have the sole responsibility to avoid or refrain from 
violating this order's provisions. Only the court can change the 
order and only upon written application."
(6) The court staff handbook shall allow for a clerk of 
court to add to the handbook a community resource list.
(7) The superintendent shall distribute a master copy of 
the petition and order forms, instructions, and informational 
brochures to every clerk of court and shall distribute a master 
copy of the petition and order forms to all county courts, 
municipal courts, and courts of common pleas.
(8) The superintendent shall distribute all documents in 
an electronic format or formats accessible to all courts and 
clerks of court in the state and may additionally distribute the 
documents in other formats.
(9) The superintendent shall determine the significant 
non-English-speaking or limited English-speaking populations in 
the state and arrange for translation of the instructions and 
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informational brochures required by this section into the 
languages spoken by those populations. The translated 
instructions and informational brochures shall contain a sample 
of the standard petition and order for protection forms. The 
superintendent shall distribute a master copy of the translated 
instructions and informational brochures to every clerk of court 
not later than one year after the effective date of this 
amendment.
(10) The superintendent shall update the instructions, 
brochures, standard petitions, and extreme risk protection order 
forms, and court staff handbook as necessary, including when 
changes in the law make an update necessary.
(11) Any assistance or information provided by a clerk of 
court under division (J) of this section does not constitute the 
practice of law.
(K) In addition to informational brochures and materials 
made available by the superintendent under division (J) of this 
section, each clerk of court may create a community resource 
list of crisis intervention, mental health, substance abuse, 
interpreter, counseling, and other relevant resources serving 
the county in which the court is located.
(L) As used in this section: 
(1) "Pediatric respite care program" and "pediatric care 
patient" have the same meanings as in section 3712.01 of the 
Revised Code. 
(2) "Sexually oriented offense" and "child-victim oriented 
offense" have the same meanings as in section 2950.01 of the 
Revised Code. 
(3) "Registered private provider" means a nonpublic school 
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or entity registered with the department of education and 
workforce under section 3310.41 of the Revised Code to 
participate in the autism scholarship program or section 3310.58 
of the Revised Code to participate in the Jon Peterson special 
needs scholarship program. 
(4) "Extreme risk protection order" and "ex parte extreme 
risk protection order" have the same meanings as in section 
2923.26 of the Revised Code.
Sec. 2923.125. It is the intent of the general assembly 
that Ohio concealed handgun license law be compliant with the 
national instant criminal background check system, that the 
bureau of alcohol, tobacco, firearms, and explosives is able to 
determine that Ohio law is compliant with the national instant 
criminal background check system, and that no person shall be 
eligible to receive a concealed handgun license permit under 
section 2923.125 or 2923.1213 of the Revised Code unless the 
person is eligible lawfully to receive or possess a firearm in 
the United States.
(A) This section applies with respect to the application 
for and issuance by this state of concealed handgun licenses 
other than concealed handgun licenses on a temporary emergency 
basis that are issued under section 2923.1213 of the Revised 
Code. Upon the request of a person who wishes to obtain a 
concealed handgun license with respect to which this section 
applies or to renew a concealed handgun license with respect to 
which this section applies, a sheriff, as provided in division 
(I) of this section, shall provide to the person free of charge 
an application form and the web site address at which a 
printable version of the application form that can be downloaded 
and the pamphlet described in division (B) of section 109.731 of 
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the Revised Code may be found. A sheriff shall accept a 
completed application form and the fee, items, materials, and 
information specified in divisions (B)(1) to (5) of this section 
at the times and in the manners described in division (I) of 
this section.
(B) An applicant for a concealed handgun license who is a 
resident of this state shall submit a completed application form 
and all of the material and information described in divisions 
(B)(1) to (6) of this section to the sheriff of the county in 
which the applicant resides or to the sheriff of any county 
adjacent to the county in which the applicant resides. An 
applicant for a license who resides in another state shall 
submit a completed application form and all of the material and 
information described in divisions (B)(1) to (7) of this section 
to the sheriff of the county in which the applicant is employed 
or to the sheriff of any county adjacent to the county in which 
the applicant is employed:
(1)(a) A nonrefundable license fee as described in either 
of the following:
(i) For an applicant who has been a resident of this state 
for five or more years, a fee of sixty-seven dollars;
(ii) For an applicant who has been a resident of this 
state for less than five years or who is not a resident of this 
state, but who is employed in this state, a fee of sixty-seven 
dollars plus the actual cost of having a background check 
performed by the federal bureau of investigation.
(b) No sheriff shall require an applicant to pay for the 
cost of a background check performed by the bureau of criminal 
identification and investigation.
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(c) A sheriff shall waive the payment of the license fee 
described in division (B)(1)(a) of this section in connection 
with an initial or renewal application for a license that is 
submitted by an applicant who is an active or reserve member of 
the armed forces of the United States or has retired from or was 
honorably discharged from military service in the active or 
reserve armed forces of the United States, a retired peace 
officer, a retired person described in division (B)(1)(b) of 
section 109.77 of the Revised Code, or a retired federal law 
enforcement officer who, prior to retirement, was authorized 
under federal law to carry a firearm in the course of duty, 
unless the retired peace officer, person, or federal law 
enforcement officer retired as the result of a mental 
disability.
(d) The sheriff shall deposit all fees paid by an 
applicant under division (B)(1)(a) of this section into the 
sheriff's concealed handgun license issuance fund established 
pursuant to section 311.42 of the Revised Code. The county shall 
distribute the fees in accordance with section 311.42 of the 
Revised Code.
(2) A color photograph of the applicant that was taken 
within thirty days prior to the date of the application;
(3) One or more of the following competency 
certifications, each of which shall reflect that, regarding a 
certification described in division (B)(3)(a), (b), (c), (e), or 
(f) of this section, within the three years immediately 
preceding the application the applicant has performed that to 
which the competency certification relates and that, regarding a 
certification described in division (B)(3)(d) of this section, 
the applicant currently is an active or reserve member of the 
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armed forces of the United States, the applicant has retired 
from or was honorably discharged from military service in the 
active or reserve armed forces of the United States, or within 
the ten years immediately preceding the application the 
retirement of the peace officer, person described in division 
(B)(1)(b) of section 109.77 of the Revised Code, or federal law 
enforcement officer to which the competency certification 
relates occurred:
(a) An original or photocopy of a certificate of 
completion of a firearms safety, training, or requalification or 
firearms safety instructor course, class, or program that was 
offered by or under the auspices of a national gun advocacy 
organization and that complies with the requirements set forth 
in division (G) of this section;
(b) An original or photocopy of a certificate of 
completion of a firearms safety, training, or requalification or 
firearms safety instructor course, class, or program that 
satisfies all of the following criteria:
(i) It was open to members of the general public.
(ii) It utilized qualified instructors who were certified 
by a national gun advocacy organization, the executive director 
of the Ohio peace officer training commission pursuant to 
section 109.75 or 109.78 of the Revised Code, or a governmental 
official or entity of another state.
(iii) 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 other 
similar postsecondary educational institution located in this or 
another state, a firearms training school located in this or 
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another state, or another type of public or private entity or 
organization located in this or another state.
(iv) It complies with the requirements set forth in 
division (G) of this section.
(c) An original or photocopy of a certificate of 
completion of a state, county, municipal, or department of 
natural resources peace officer training school that is approved 
by the executive director of the Ohio peace officer training 
commission pursuant to section 109.75 of the Revised Code and 
that complies with the requirements set forth in division (G) of 
this section, or the applicant has satisfactorily completed and 
been issued a certificate of completion of a basic firearms 
training program, a firearms requalification training program, 
or another basic training program described in section 109.78 or 
109.801 of the Revised Code that complies with the requirements 
set forth in division (G) of this section;
(d) A document that evidences both of the following:
(i) That the applicant is an active or reserve member of 
the armed forces of the United States, has retired from or was 
honorably discharged from military service in the active or 
reserve armed forces of the United States, is a retired trooper 
of the state highway patrol, or is a retired peace officer or 
federal law enforcement officer described in division (B)(1) of 
this section or a retired person described in division (B)(1)(b) 
of section 109.77 of the Revised Code and division (B)(1) of 
this section;
(ii) That, through participation in the military service 
or through the former employment described in division (B)(3)(d)
(i) of this section, the applicant acquired experience with 
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709 H. B. No. 46 Page 25
As Introduced
handling handguns or other firearms, and the experience so 
acquired was equivalent to training that the applicant could 
have acquired in a course, class, or program described in 
division (B)(3)(a), (b), or (c) of this section.
(e) A certificate or another similar document that 
evidences satisfactory completion of a firearms training, 
safety, or requalification or firearms safety instructor course, 
class, or program that is not otherwise described in division 
(B)(3)(a), (b), (c), or (d) of this section, that was conducted 
by an instructor who was certified by an official or entity of 
the government of this or another state or the United States or 
by a national gun advocacy organization, and that complies with 
the requirements set forth in division (G) of this section;
(f) An affidavit that attests to the applicant's 
satisfactory completion of a course, class, or program described 
in division (B)(3)(a), (b), (c), or (e) of this section and that 
is subscribed by the applicant's instructor or an authorized 
representative of the entity that offered the course, class, or 
program or under whose auspices the course, class, or program 
was offered;
(g) A document that evidences that the applicant has 
successfully completed the Ohio peace officer training program 
described in section 109.79 of the Revised Code.
(4) A certification by the applicant that the applicant 
has read the pamphlet prepared by the Ohio peace officer 
training commission pursuant to section 109.731 of the Revised 
Code that reviews firearms, dispute resolution, and use of 
deadly force matters.
(5) A set of fingerprints of the applicant provided as 
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As Introduced
described in section 311.41 of the Revised Code through use of 
an electronic fingerprint reading device or, if the sheriff to 
whom the application is submitted does not possess and does not 
have ready access to the use of such a reading device, on a 
standard impression sheet prescribed pursuant to division (C)(2) 
of section 109.572 of the Revised Code.
(6) If the applicant is not a citizen or national of the 
United States, the name of the applicant's country of 
citizenship and the applicant's alien registration number issued 
by the United States citizenship and immigration services 
agency.
(7) If the applicant resides in another state, adequate 
proof of employment in Ohio.
(C) Upon receipt of the completed application form, 
supporting documentation, and, if not waived, license fee of an 
applicant under this section, a sheriff, in the manner specified 
in section 311.41 of the Revised Code, shall conduct or cause to 
be conducted the criminal records check and the incompetency 
records check described in section 311.41 of the Revised Code.
(D)(1) Except as provided in division (D)(3) of this 
section, within forty-five days after a sheriff's receipt of an 
applicant's completed application form for a concealed handgun 
license under this section, the supporting documentation, and, 
if not waived, the license fee, the sheriff shall make available 
through the law enforcement automated data system in accordance 
with division (H) of this section the information described in 
that division and, upon making the information available through 
the system, shall issue to the applicant a concealed handgun 
license that shall expire as described in division (D)(2)(a) of 
this section if all of the following apply:
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As Introduced
(a) The applicant is legally living in the United States. 
For purposes of division (D)(1)(a) of this section, if a person 
is absent from the United States in compliance with military or 
naval orders as an active or reserve member of the armed forces 
of the United States and if prior to leaving the United States 
the person was legally living in the United States, the person, 
solely by reason of that absence, shall not be considered to 
have lost the person's status as living in the United States.
(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; an offense under Chapter 2925., 3719., or 
4729. of the Revised Code that involves the illegal possession, 
use, sale, administration, or distribution of or trafficking in 
a drug of abuse; a misdemeanor offense of violence; or a 
violation of section 2903.14 or 2923.1211 of the Revised Code.
(e) Except as otherwise provided in division (D)(4) or (5) 
of this section, the applicant has not been convicted of or 
pleaded guilty to a felony or an offense under Chapter 2925., 
3719., or 4729. of the Revised Code that involves the illegal 
possession, use, sale, administration, or distribution of or 
trafficking in a drug of abuse; has not been adjudicated a 
delinquent child for committing an act that if committed by an 
adult would be a felony or would be an offense under Chapter 
2925., 3719., or 4729. of the Revised Code that involves the 
illegal possession, use, sale, administration, or distribution 
of or trafficking in a drug of abuse; has not been convicted of, 
pleaded guilty to, or adjudicated a delinquent child for 
committing a violation of section 2903.13 of the Revised Code 
when the victim of the violation is a peace officer, regardless 
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As Introduced
of whether the applicant was sentenced under division (C)(4)(C)
(5) or (6) of that section; and has not been convicted of, 
pleaded guilty to, or adjudicated a delinquent child for 
committing any other offense that is not previously described in 
this division that is a misdemeanor punishable by imprisonment 
for a term exceeding one year.
(f) Except as otherwise provided in division (D)(4) or (5) 
of this section, the applicant, within three years of the date 
of the application, has not been convicted of or pleaded guilty 
to a misdemeanor offense of violence other than a misdemeanor 
violation of section 2921.33 of the Revised Code or a violation 
of section 2903.13 of the Revised Code when the victim of the 
violation is a peace officer, or a misdemeanor violation of 
section 2923.1211 of the Revised Code; and has not been 
adjudicated a delinquent child for committing an act that if 
committed by an adult would be a misdemeanor offense of violence 
other than a misdemeanor violation of section 2921.33 of the 
Revised Code or a violation of section 2903.13 of the Revised 
Code when the victim of the violation is a peace officer or for 
committing an act that if committed by an adult would be a 
misdemeanor violation of section 2923.1211 of the Revised Code.
(g) Except as otherwise provided in division (D)(1)(e) of 
this section, the applicant, within five years of the date of 
the application, has not been convicted of, pleaded guilty to, 
or adjudicated a delinquent child for committing two or more 
violations of section 2903.13 or 2903.14 of the Revised Code.
(h) Except as otherwise provided in division (D)(4) or (5) 
of this section, the applicant, within ten years of the date of 
the application, has not been convicted of, pleaded guilty to, 
or adjudicated a delinquent child for committing a violation of 
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As Introduced
section 2921.33 of the Revised Code.
(i) The applicant 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 person with a mental 
illness subject to court order, and is not an involuntary 
patient other than one who is a patient only for purposes of 
observation. As used in this division, "person with a mental 
illness subject to court order" and "patient" have the same 
meanings as in section 5122.01 of the Revised Code.
(j) The applicant is not currently subject to a civil 
protection order, a temporary protection order, an extreme risk 
protection order or ex parte extreme risk protection order 
issued under sections 2923.26 to 2923.30 of the Revised Code, or 
a protection order issued by a court of another state.
(k) 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.
(l) The applicant submits a competency certification of 
the type described in division (B)(3) of this section and 
submits a certification of the type described in division (B)(4) 
of this section regarding the applicant's reading of the 
pamphlet prepared by the Ohio peace officer training commission 
pursuant to section 109.731 of the Revised Code.
(m) The applicant currently is not subject to a suspension 
imposed under division (A)(2) of section 2923.128 of the Revised 
Code of a concealed handgun license that previously was issued 
to the applicant under this section or section 2923.1213 of the 
Revised Code or a similar suspension imposed by another state 
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regarding a concealed handgun license issued by that state.
(n) If the applicant resides in another state, the 
applicant is employed in this state.
(o) The applicant certifies that the applicant is not an 
unlawful user of or addicted to any controlled substance as 
defined in 21 U.S.C. 802.
(p) If the applicant is not a United States citizen, the 
applicant is an alien and has not been admitted to the United 
States under a nonimmigrant visa, as defined in the "Immigration 
and Nationality Act," 8 U.S.C. 1101(a)(26).
(q) The applicant has not been discharged from the armed 
forces of the United States under dishonorable conditions.
(r) The applicant certifies that the applicant has not 
renounced the applicant's United States citizenship, if 
applicable.
(s) The applicant has not been convicted of, pleaded 
guilty to, or adjudicated a delinquent child for committing a 
violation of section 2919.25 of the Revised Code or a similar 
violation in another state.
(2)(a) A concealed handgun license that a sheriff issues 
under division (D)(1) of this section shall expire five years 
after the date of issuance.
If a sheriff issues a license under this section, the 
sheriff shall place on the license a unique combination of 
letters and numbers identifying the license in accordance with 
the procedure prescribed by the Ohio peace officer training 
commission pursuant to section 109.731 of the Revised Code.
(b) If a sheriff denies an application under this section 
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because the applicant does not satisfy the criteria described in 
division (D)(1) of this section, the sheriff shall specify the 
grounds for the denial in a written notice to the applicant. The 
applicant may appeal the denial pursuant to section 119.12 of 
the Revised Code in the county served by the sheriff who denied 
the application. If the denial was as a result of the criminal 
records check conducted pursuant to section 311.41 of the 
Revised Code and if, pursuant to section 2923.127 of the Revised 
Code, the applicant challenges the criminal records check 
results using the appropriate challenge and review procedure 
specified in that section, the time for filing the appeal 
pursuant to section 119.12 of the Revised Code and this division 
is tolled during the pendency of the request or the challenge 
and review.
(c) If the court in an appeal under section 119.12 of the 
Revised Code and division (D)(2)(b) of this section enters a 
judgment sustaining the sheriff's refusal to grant to the 
applicant a concealed handgun license, the applicant may file a 
new application beginning one year after the judgment is 
entered. If the court enters a judgment in favor of the 
applicant, that judgment shall not restrict the authority of a 
sheriff to suspend or revoke the license pursuant to section 
2923.128 or 2923.1213 of the Revised Code or to refuse to renew 
the license for any proper cause that may occur after the date 
the judgment is entered. In the appeal, the court shall have 
full power to dispose of all costs.
(3) If the sheriff with whom an application for a 
concealed handgun license was filed under this section becomes 
aware that the applicant has been arrested for or otherwise 
charged with an offense that would disqualify the applicant from 
holding the license, the sheriff shall suspend the processing of 
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As Introduced
the application until the disposition of the case arising from 
the arrest or charge.
(4) If an applicant has been convicted of or pleaded 
guilty to an offense identified in division (D)(1)(e), (f), or 
(h) of this section or has been adjudicated a delinquent child 
for committing an act or violation identified in any of those 
divisions, and if a court has ordered the sealing or expungement 
of the records of that conviction, guilty plea, or adjudication 
pursuant to sections 2151.355 to 2151.358, sections 2953.31 to 
2953.35, or section 2953.39 of the Revised Code or the applicant 
has been relieved under operation of law or legal process from 
the disability imposed pursuant to section 2923.13 of the 
Revised Code relative to that conviction, guilty plea, or 
adjudication, the sheriff with whom the application was 
submitted shall not consider the conviction, guilty plea, or 
adjudication in making a determination under division (D)(1) or 
(F) of this section or, in relation to an application for a 
concealed handgun license on a temporary emergency basis 
submitted under section 2923.1213 of the Revised Code, in making 
a determination under division (B)(2) of that section.
(5) If an applicant has been convicted of or pleaded 
guilty to a minor misdemeanor offense or has been adjudicated a 
delinquent child for committing an act or violation that is a 
minor misdemeanor offense, the sheriff with whom the application 
was submitted shall not consider the conviction, guilty plea, or 
adjudication in making a determination under division (D)(1) or 
(F) of this section or, in relation to an application for a 
concealed handgun license on a temporary basis submitted under 
section 2923.1213 of the Revised Code, in making a determination 
under division (B)(2) of that section.
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946 H. B. No. 46 Page 33
As Introduced
(E) If a concealed handgun license issued under this 
section is lost or is destroyed, the licensee may obtain from 
the sheriff who issued that license a duplicate license upon the 
payment of a fee of fifteen dollars and the submission of an 
affidavit attesting to the loss or destruction of the license. 
The sheriff, in accordance with the procedures prescribed in 
section 109.731 of the Revised Code, shall place on the 
replacement license a combination of identifying numbers 
different from the combination on the license that is being 
replaced.
(F)(1)(a) Except as provided in division (F)(1)(b) of this 
section, a licensee who wishes to renew a concealed handgun 
license issued under this section may do so at any time before 
the expiration date of the license or at any time after the 
expiration date of the license by filing with the sheriff of the 
county in which the applicant resides or with the sheriff of an 
adjacent county, or in the case of an applicant who resides in 
another state with the sheriff of the county that issued the 
applicant's previous concealed handgun license an application 
for renewal of the license obtained pursuant to division (D) of 
this section, a certification by the applicant that, subsequent 
to the issuance of the license, the applicant has reread the 
pamphlet prepared by the Ohio peace officer training commission 
pursuant to section 109.731 of the Revised Code that reviews 
firearms, dispute resolution, and use of deadly force matters, 
and a nonrefundable license renewal fee in an amount determined 
pursuant to division (F)(4) of this section unless the fee is 
waived.
(b) A person on active duty in the armed forces of the 
United States or in service with the peace corps, volunteers in 
service to America, or the foreign service of the United States 
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977 H. B. No. 46 Page 34
As Introduced
is exempt from the license requirements of this section for the 
period of the person's active duty or service and for six months 
thereafter, provided the person was a licensee under this 
section at the time the person commenced the person's active 
duty or service or had obtained a license while on active duty 
or service. The spouse or a dependent of any such person on 
active duty or in service also is exempt from the license 
requirements of this section for the period of the person's 
active duty or service and for six months thereafter, provided 
the spouse or dependent was a licensee under this section at the 
time the person commenced the active duty or service or had 
obtained a license while the person was on active duty or 
service, and provided further that the person's active duty or 
service resulted in the spouse or dependent relocating outside 
of this state during the period of the active duty or service. 
This division does not prevent such a person or the person's 
spouse or dependent from making an application for the renewal 
of a concealed handgun license during the period of the person's 
active duty or service.
(2) A sheriff shall accept a completed renewal 
application, the license renewal fee, and the information 
specified in division (F)(1) of this section at the times and in 
the manners described in division (I) of this section. Upon 
receipt of a completed renewal application, of certification 
that the applicant has reread the specified pamphlet prepared by 
the Ohio peace officer training commission, and of a license 
renewal fee unless the fee is waived, a sheriff, in the manner 
specified in section 311.41 of the Revised Code shall conduct or 
cause to be conducted the criminal records check and the 
incompetency records check described in section 311.41 of the 
Revised Code. The sheriff shall renew the license if the sheriff 
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As Introduced
determines that the applicant continues to satisfy the 
requirements described in division (D)(1) of this section, 
except that the applicant is not required to meet the 
requirements of division (D)(1)(l) of this section. A renewed 
license shall expire five years after the date of issuance. A 
renewed license is subject to division (E) of this section and 
sections 2923.126 and 2923.128 of the Revised Code. A sheriff 
shall comply with divisions (D)(2) and (3) of this section when 
the circumstances described in those divisions apply to a 
requested license renewal. If a sheriff denies the renewal of a 
concealed handgun license, the applicant may appeal the denial, 
or challenge the criminal record check results that were the 
basis of the denial if applicable, in the same manner as 
specified in division (D)(2)(b) of this section and in section 
2923.127 of the Revised Code, regarding the denial of a license 
under this section.
(3) A renewal application submitted pursuant to division 
(F) of this section shall only require the licensee to list on 
the application form information and matters occurring since the 
date of the licensee's last application for a license pursuant 
to division (B) or (F) of this section. A sheriff conducting the 
criminal records check and the incompetency records check 
described in section 311.41 of the Revised Code shall conduct 
the check only from the date of the licensee's last application 
for a license pursuant to division (B) or (F) of this section 
through the date of the renewal application submitted pursuant 
to division (F) of this section.
(4) An applicant for a renewal concealed handgun license 
under this section shall submit to the sheriff of the county in 
which the applicant resides or to the sheriff of any county 
adjacent to the county in which the applicant resides, or in the 
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1039 H. B. No. 46 Page 36
As Introduced
case of an applicant who resides in another state to the sheriff 
of the county that issued the applicant's previous concealed 
handgun license, a nonrefundable license fee as described in 
either of the following:
(a) For an applicant who has been a resident of this state 
for five or more years, a fee of fifty dollars;
(b) For an applicant who has been a resident of this state 
for less than five years or who is not a resident of this state 
but who is employed in this state, a fee of fifty dollars plus 
the actual cost of having a background check performed by the 
federal bureau of investigation.
(5) The concealed handgun license of a licensee who is no 
longer a resident of this state or no longer employed in this 
state, as applicable, is valid until the date of expiration on 
the license, and the licensee is prohibited from renewing the 
concealed handgun license.
(G)(1) Each course, class, or program described in 
division (B)(3)(a), (b), (c), or (e) of this section shall 
provide to each person who takes the course, class, or program 
the web site address at which the pamphlet prepared by the Ohio 
peace officer training commission pursuant to section 109.731 of 
the Revised Code that reviews firearms, dispute resolution, and 
use of deadly force matters may be found. Each such course, 
class, or program described in one of those divisions shall 
include at least eight hours of training in the safe handling 
and use of a firearm that shall include training, provided as 
described in division (G)(3) of this section, on all of the 
following:
(a) The ability to name, explain, and demonstrate the 
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1068 H. B. No. 46 Page 37
As Introduced
rules for safe handling of a handgun and proper storage 
practices for handguns and ammunition;
(b) The ability to demonstrate and explain how to handle 
ammunition in a safe manner;
(c) The ability to demonstrate the knowledge, skills, and 
attitude necessary to shoot a handgun in a safe manner;
(d) Gun handling training;
(e) A minimum of two hours of in-person training that 
consists of range time and live-fire training.
(2) To satisfactorily complete the course, class, or 
program described in division (B)(3)(a), (b), (c), or (e) of 
this section, the applicant shall pass a competency examination 
that shall include both of the following:
(a) A written section, provided as described in division 
(G)(3) of this section, on the ability to name and explain the 
rules for the safe handling of a handgun and proper storage 
practices for handguns and ammunition;
(b) An in-person physical demonstration of competence in 
the use of a handgun and in the rules for safe handling and 
storage of a handgun and a physical demonstration of the 
attitude necessary to shoot a handgun in a safe manner.
(3)(a) Except as otherwise provided in this division, the 
training specified in division (G)(1)(a) of this section shall 
be provided to the person receiving the training in person by an 
instructor. If the training specified in division (G)(1)(a) of 
this section is provided by a course, class, or program 
described in division (B)(3)(a) of this section, or it is 
provided by a course, class, or program described in division 
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1096 H. B. No. 46 Page 38
As Introduced
(B)(3)(b), (c), or (e) of this section and the instructor is a 
qualified instructor certified by a national gun advocacy 
organization, the training so specified, other than the training 
that requires the person receiving the training to demonstrate 
handling abilities, may be provided online or as a combination 
of in-person and online training, as long as the online training 
includes an interactive component that regularly engages the 
person.
(b) Except as otherwise provided in this division, the 
written section of the competency examination specified in 
division (G)(2)(a) of this section shall be administered to the 
person taking the competency examination in person by an 
instructor. If the training specified in division (G)(1)(a) of 
this section is provided to the person receiving the training by 
a course, class, or program described in division (B)(3)(a) of 
this section, or it is provided by a course, class, or program 
described in division (B)(3)(b), (c), or (e) of this section and 
the instructor is a qualified instructor certified by a national 
gun advocacy organization, the written section of the competency 
examination specified in division (G)(2)(a) of this section may 
be administered online, as long as the online training includes 
an interactive component that regularly engages the person.
(4) The competency certification described in division (B)
(3)(a), (b), (c), or (e) of this section shall be dated and 
shall attest that the course, class, or program the applicant 
successfully completed met the requirements described in 
division (G)(1) of this section and that the applicant passed 
the competency examination described in division (G)(2) of this 
section.
(H) Upon deciding to issue a concealed handgun license, 
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1126 H. B. No. 46 Page 39
As Introduced
deciding to issue a replacement concealed handgun license, or 
deciding to renew a concealed handgun license pursuant to this 
section, and before actually issuing or renewing the license, 
the sheriff shall make available through the law enforcement 
automated data system all information contained on the license. 
If the license subsequently is suspended under division (A)(1) 
or (2) of section 2923.128 of the Revised Code, revoked pursuant 
to division (B)(1) of section 2923.128 of the Revised Code, or 
lost or destroyed, the sheriff also shall make available through 
the law enforcement automated data system a notation of that 
fact. The superintendent of the state highway patrol shall 
ensure that the law enforcement automated data system is so 
configured as to permit the transmission through the system of 
the information specified in this division.
(I)(1) A sheriff shall accept a completed application form 
or renewal application, and the fee, items, materials, and 
information specified in divisions (B)(1) to (5) or division (F) 
of this section, whichever is applicable, and shall provide an 
application form or renewal application to any person during at 
least fifteen hours a week and shall provide the web site 
address at which a printable version of the application form 
that can be downloaded and the pamphlet described in division 
(B) of section 109.731 of the Revised Code may be found at any 
time, upon request. The sheriff shall post notice of the hours 
during which the sheriff is available to accept or provide the 
information described in this division.
(2) A sheriff shall transmit a notice to the attorney 
general, in a manner determined by the attorney general, every 
time a license is issued that waived payment under division (B)
(1)(c) of this section for an applicant who is an active or 
reserve member of the armed forces of the United States or has 
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1157 H. B. No. 46 Page 40
As Introduced
retired from or was honorably discharged from military service 
in the active or reserve armed forces of the United States. The 
attorney general shall monitor and inform sheriffs issuing 
licenses under this section when the amount of license fee 
payments waived and transmitted to the attorney general reach 
one million five hundred thousand dollars each year. Once a 
sheriff is informed that the payments waived reached one million 
five hundred thousand dollars in any year, a sheriff shall no 
longer waive payment of a license fee for an applicant who is an 
active or reserve member of the armed forces of the United 
States or has retired from or was honorably discharged from 
military service in the active or reserve armed forces of the 
United States for the remainder of that year.
Sec. 2923.128. (A)(1)(a) If a licensee holding a valid 
concealed handgun license is arrested for or otherwise charged 
with an offense described in division (D)(1)(d) of section 
2923.125 of the Revised Code or with a violation of section 
2923.15 of the Revised Code or becomes subject to a temporary 
protection order or to a protection order issued by a court of 
another state that is substantially equivalent to a temporary 
protection order, the sheriff who issued the license shall 
suspend it and shall comply with division (A)(3) of this section 
upon becoming aware of the arrest, charge, or protection order. 
Upon suspending the license, the sheriff also shall comply with 
division (H) of section 2923.125 of the Revised Code.
(b) A suspension under division (A)(1)(a) of this section 
shall be considered as beginning on the date that the licensee 
is arrested for or otherwise charged with an offense described 
in that division or on the date the appropriate court issued the 
protection order described in that division, irrespective of 
when the sheriff notifies the licensee under division (A)(3) of 
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1188 H. B. No. 46 Page 41
As Introduced
this section. The suspension shall end on the date on which the 
charges are dismissed or the licensee is found not guilty of the 
offense described in division (A)(1)(a) of this section or, 
subject to division (B) of this section, on the date the 
appropriate court terminates the protection order described in 
that division. If the suspension so ends, the sheriff shall 
return the license or temporary emergency license to the 
licensee.
(2)(a) If a licensee holding a valid concealed handgun 
license is convicted of or pleads guilty to a misdemeanor 
violation of division (B)(2) or (4) of section 2923.12 of the 
Revised Code or of division (E)(3) or (5) of section 2923.16 of 
the Revised Code, subject to division (C) of this section, the 
sheriff who issued the license shall suspend it and shall comply 
with division (A)(3) of this section upon becoming aware of the 
conviction or guilty plea. Upon suspending the license, the 
sheriff also shall comply with division (H) of section 2923.125 
of the Revised Code.
(b) A suspension under division (A)(2)(a) of this section 
shall be considered as beginning on the date that the licensee 
is convicted of or pleads guilty to the offense described in 
that division, irrespective of when the sheriff notifies the 
licensee under division (A)(3) of this section. If the 
suspension is imposed for a misdemeanor violation of division 
(B)(2) of section 2923.12 of the Revised Code or of division (E)
(3) of section 2923.16 of the Revised Code, it shall end on the 
date that is one year after the date that the licensee is 
convicted of or pleads guilty to that violation. If the 
suspension is imposed for a misdemeanor violation of division 
(B)(4) of section 2923.12 of the Revised Code or of division (E)
(5) of section 2923.16 of the Revised Code, it shall end on the 
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1219 H. B. No. 46 Page 42
As Introduced
date that is two years after the date that the licensee is 
convicted of or pleads guilty to that violation. If the 
licensee's license was issued under section 2923.125 of the 
Revised Code and the license remains valid after the suspension 
ends as described in this division, when the suspension ends, 
the sheriff shall return the license to the licensee. If the 
licensee's license was issued under section 2923.125 of the 
Revised Code and the license expires before the suspension ends 
as described in this division, or if the licensee's license was 
issued under section 2923.1213 of the Revised Code, the licensee 
is not eligible to apply for a new license under section 
2923.125 or 2923.1213 of the Revised Code or to renew the 
license under section 2923.125 of the Revised Code until after 
the suspension ends as described in this division.
(3) Upon becoming aware of an arrest, charge, or 
protection order described in division (A)(1)(a) of this section 
with respect to a licensee who was issued a concealed handgun 
license, or a conviction of or plea of guilty to a misdemeanor 
offense described in division (A)(2)(a) of this section with 
respect to a licensee who was issued a concealed handgun 
license, subject to division (C) of this section, the sheriff 
who issued the licensee's license shall notify the licensee, by 
certified mail, return receipt requested, at the licensee's last 
known residence address that the license has been suspended and 
that the licensee is required to surrender the license at the 
sheriff's office within ten days of the date on which the notice 
was mailed. If the suspension is pursuant to division (A)(2) of 
this section, the notice shall identify the date on which the 
suspension ends.
(B)(1) A sheriff who issues a concealed handgun license to 
a licensee shall revoke the license in accordance with division 
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1250 H. B. No. 46 Page 43
As Introduced
(B)(2) of this section upon becoming aware that the licensee 
satisfies any of the following:
(a) The licensee is under twenty-one years of age.
(b) Subject to division (C) of this section, at the time 
of the issuance of the license, the licensee did not satisfy the 
eligibility requirements of division (D)(1)(c), (d), (e), (f), 
(g), or (h) of section 2923.125 of the Revised Code.
(c) Subject to division (C) of this section, on or after 
the date on which the license was issued, the licensee is 
convicted of or pleads guilty to a violation of section 2923.15 
of the Revised Code or an offense described in division (D)(1)
(e), (f), (g), or (h) of section 2923.125 of the Revised Code.
(d) On or after the date on which the license was issued, 
the licensee becomes subject to an extreme risk protection order 
or ex parte extreme risk protection order issued under sections 
2923.26 to 2923.30 of the Revised Code, a civil protection order 
or to a protection order issued by a court of another state that 
is substantially equivalent to a civil protection order.
(e) The licensee knowingly carries a concealed handgun 
into a place that the licensee knows is an unauthorized place 
specified in division (B) of section 2923.126 of the Revised 
Code.
(f) On or after the date on which the license was issued, 
the licensee is under adjudication of mental incompetence or is 
committed to a mental institution.
(g) At the time of the issuance of the license, the 
licensee did not meet the residency requirements described in 
division (D)(1) of section 2923.125 of the Revised Code and 
currently does not meet the residency requirements described in 
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1279 H. B. No. 46 Page 44
As Introduced
that division.
(h) Regarding a license issued under section 2923.125 of 
the Revised Code, the competency certificate the licensee 
submitted was forged or otherwise was fraudulent.
(2) Upon becoming aware of any circumstance listed in 
division (B)(1) of this section that applies to a particular 
licensee who was issued a concealed handgun license, subject to 
division (C) of this section, the sheriff who issued the license 
to the licensee shall notify the licensee, by certified mail, 
return receipt requested, at the licensee's last known residence 
address that the license is subject to revocation and that the 
licensee may come to the sheriff's office and contest the 
sheriff's proposed revocation within fourteen days of the date 
on which the notice was mailed. After the fourteen-day period 
and after consideration of any information that the licensee 
provides during that period, if the sheriff determines on the 
basis of the information of which the sheriff is aware that the 
licensee is described in division (B)(1) of this section and no 
longer satisfies the requirements described in division (D)(1) 
of section 2923.125 of the Revised Code that are applicable to 
the licensee's type of license, the sheriff shall revoke the 
license, notify the licensee of that fact, and require the 
licensee to surrender the license. Upon revoking the license, 
the sheriff also shall comply with division (H) of section 
2923.125 of the Revised Code.
(C) If a sheriff who issues a concealed handgun license to 
a licensee becomes aware that at the time of the issuance of the 
license the licensee had been convicted of or pleaded guilty to 
an offense identified in division (D)(1)(e), (f), or (h) of 
section 2923.125 of the Revised Code or had been adjudicated a 
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1309 H. B. No. 46 Page 45
As Introduced
delinquent child for committing an act or violation identified 
in any of those divisions or becomes aware that on or after the 
date on which the license was issued the licensee has been 
convicted of or pleaded guilty to an offense identified in 
division (A)(2)(a) or (B)(1)(c) of this section, the sheriff 
shall not consider that conviction, guilty plea, or adjudication 
as having occurred for purposes of divisions (A)(2), (A)(3), (B)
(1), and (B)(2) of this section if a court has ordered the 
sealing or expungement of the records of that conviction, guilty 
plea, or adjudication pursuant to sections 2151.355 to 2151.358, 
sections 2953.31 to 2953.35, or section 2953.39 of the Revised 
Code or the licensee has been relieved under operation of law or 
legal process from the disability imposed pursuant to section 
2923.13 of the Revised Code relative to that conviction, guilty 
plea, or adjudication.
(D) As used in this section, "motor carrier enforcement 
unit" has the same meaning as in section 2923.16 of the Revised 
Code.
Sec. 2923.1213. (A) As used in this section:
(1) "Evidence of imminent danger" means any of the 
following:
(a) A statement sworn by the person seeking to carry a 
concealed handgun that is made under threat of perjury and that 
states that the person has reasonable cause to fear a criminal 
attack upon the person or a member of the person's family, such 
as would justify a prudent person in going armed;
(b) A written document prepared by a governmental entity 
or public official describing the facts that give the person 
seeking to carry a concealed handgun reasonable cause to fear a 
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1338 H. B. No. 46 Page 46
As Introduced
criminal attack upon the person or a member of the person's 
family, such as would justify a prudent person in going armed. 
Written documents of this nature include, but are not limited 
to, any temporary protection order, civil protection order, 
protection order issued by another state, or other court order, 
any court report, and any report filed with or made by a law 
enforcement agency or prosecutor.
(2) "Prosecutor" has the same meaning as in section 
2935.01 of the Revised Code.
(B)(1) A person seeking a concealed handgun license on a 
temporary emergency basis shall submit to the sheriff of the 
county in which the person resides or, if the person usually 
resides in another state, to the sheriff of the county in which 
the person is temporarily staying, all of the following:
(a) Evidence of imminent danger to the person or a member 
of the person's family;
(b) A sworn affidavit that contains all of the information 
required to be on the license and attesting that the person is 
legally living in the United States; is at least twenty-one 
years of age; is not a fugitive from justice; is not under 
indictment for or otherwise charged with an offense identified 
in division (D)(1)(d) of section 2923.125 of the Revised Code; 
has not been convicted of or pleaded guilty to an offense, and 
has not been adjudicated a delinquent child for committing an 
act, identified in division (D)(1)(e) of that section and to 
which division (B)(3) of this section does not apply; within 
three years of the date of the submission, has not been 
convicted of or pleaded guilty to an offense, and has not been 
adjudicated a delinquent child for committing an act, identified 
in division (D)(1)(f) of that section and to which division (B)
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1368 H. B. No. 46 Page 47
As Introduced
(3) of this section does not apply; within five years of the 
date of the submission, has not been convicted of, pleaded 
guilty, or adjudicated a delinquent child for committing two or 
more violations identified in division (D)(1)(g) of that 
section; within ten years of the date of the submission, has not 
been convicted of, pleaded guilty, or adjudicated a delinquent 
child for committing a violation identified in division (D)(1)
(h) of that section and to which division (B)(3) of this section 
does not apply; 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 person with a mental 
illness subject to court order, and is not an involuntary 
patient other than one who is a patient only for purposes of 
observation, as described in division (D)(1)(i) of that section; 
is not currently subject to a civil protection order, a 
temporary protection order, an extreme risk protection order or 
ex parte extreme risk protection order issued under sections 
2923.26 to 2923.30 of the Revised Code, or a protection order 
issued by a court of another state, as described in division (D)
(1)(j) of that section; is not currently subject to a suspension 
imposed under division (A)(2) of section 2923.128 of the Revised 
Code of a concealed handgun license that previously was issued 
to the person or a similar suspension imposed by another state 
regarding a concealed handgun license issued by that state; is 
not an unlawful user of or addicted to any controlled substance 
as defined in 21 U.S.C. 802; if applicable, is an alien and has 
not been admitted to the United States under a nonimmigrant 
visa, as defined in the "Immigration and Nationality Act," 8 
U.S.C. 1101(a)(26); has not been discharged from the armed 
forces of the United States under dishonorable conditions; if 
applicable, has not renounced the applicant's United States 
citizenship; and has not been convicted of, pleaded guilty to, 
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1400 H. B. No. 46 Page 48
As Introduced
or been adjudicated a delinquent child for committing a 
violation identified in division (D)(1)(s) of section 2923.125 
of the Revised Code;
(c) A nonrefundable temporary emergency license fee as 
described in either of the following:
(i) For an applicant who has been a resident of this state 
for five or more years, a fee of fifteen dollars plus the actual 
cost of having a background check performed by the bureau of 
criminal identification and investigation pursuant to section 
311.41 of the Revised Code;
(ii) For an applicant who has been a resident of this 
state for less than five years or who is not a resident of this 
state, but is temporarily staying in this state, a fee of 
fifteen dollars plus the actual cost of having background checks 
performed by the federal bureau of investigation and the bureau 
of criminal identification and investigation pursuant to section 
311.41 of the Revised Code.
(d) A set of fingerprints of the applicant provided as 
described in section 311.41 of the Revised Code through use of 
an electronic fingerprint reading device or, if the sheriff to 
whom the application is submitted does not possess and does not 
have ready access to the use of an electronic fingerprint 
reading device, on a standard impression sheet prescribed 
pursuant to division (C)(2) of section 109.572 of the Revised 
Code. If the fingerprints are provided on a standard impression 
sheet, the person also shall provide the person's social 
security number to the sheriff.
(2) A sheriff shall accept the evidence of imminent 
danger, the sworn affidavit, the fee, and the set of 
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1429 H. B. No. 46 Page 49
As Introduced
fingerprints required under division (B)(1) of this section at 
the times and in the manners described in division (I) of this 
section. Upon receipt of the evidence of imminent danger, the 
sworn affidavit, the fee, and the set of fingerprints required 
under division (B)(1) of this section, the sheriff, in the 
manner specified in section 311.41 of the Revised Code, 
immediately shall conduct or cause to be conducted the criminal 
records check and the incompetency records check described in 
section 311.41 of the Revised Code. Immediately upon receipt of 
the results of the records checks, the sheriff shall review the 
information and shall determine whether the criteria set forth 
in divisions (D)(1)(a) to (j) and (m) to (s) of section 2923.125 
of the Revised Code apply regarding the person. If the sheriff 
determines that all of the criteria set forth in divisions (D)
(1)(a) to (j) and (m) to (s) of section 2923.125 of the Revised 
Code apply regarding the person, the sheriff shall immediately 
make available through the law enforcement automated data system 
all information that will be contained on the temporary 
emergency license for the person if one is issued, and the 
superintendent of the state highway patrol shall ensure that the 
system is so configured as to permit the transmission through 
the system of that information. Upon making that information 
available through the law enforcement automated data system, the 
sheriff shall immediately issue to the person a concealed 
handgun license on a temporary emergency basis.
If the sheriff denies the issuance of a license on a 
temporary emergency basis to the person, the sheriff shall 
specify the grounds for the denial in a written notice to the 
person. The person may appeal the denial, or challenge criminal 
records check results that were the basis of the denial if 
applicable, in the same manners specified in division (D)(2) of 
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1460 H. B. No. 46 Page 50
As Introduced
section 2923.125 and in section 2923.127 of the Revised Code, 
regarding the denial of an application for a concealed handgun 
license under that section.
The license on a temporary emergency basis issued under 
this division shall be in the form, and shall include all of the 
information, described in divisions (A)(2)(a) and (d) of section 
109.731 of the Revised Code, and also shall include a unique 
combination of identifying letters and numbers in accordance 
with division (A)(2)(c) of that section.
The license on a temporary emergency basis issued under 
this division is valid for ninety days and may not be renewed. A 
person who has been issued a license on a temporary emergency 
basis under this division shall not be issued another license on 
a temporary emergency basis unless at least four years has 
expired since the issuance of the prior license on a temporary 
emergency basis.
(3) If a person seeking a concealed handgun license on a 
temporary emergency basis has been convicted of or pleaded 
guilty to an offense identified in division (D)(1)(e), (f), or 
(h) of section 2923.125 of the Revised Code or has been 
adjudicated a delinquent child for committing an act or 
violation identified in any of those divisions, and if a court 
has ordered the sealing or expungement of the records of that 
conviction, guilty plea, or adjudication pursuant to sections 
2151.355 to 2151.358, sections 2953.31 to 2953.35, or section 
2953.39 of the Revised Code or the applicant has been relieved 
under operation of law or legal process from the disability 
imposed pursuant to section 2923.13 of the Revised Code relative 
to that conviction, guilty plea, or adjudication, the 
conviction, guilty plea, or adjudication shall not be relevant 
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1490 H. B. No. 46 Page 51
As Introduced
for purposes of the sworn affidavit described in division (B)(1)
(b) of this section, and the person may complete, and swear to 
the truth of, the affidavit as if the conviction, guilty plea, 
or adjudication never had occurred.
(4) The sheriff shall waive the payment pursuant to 
division (B)(1)(c) of this section of the license fee in 
connection with an application that is submitted by an applicant 
who is a retired peace officer, a retired person described in 
division (B)(1)(b) of section 109.77 of the Revised Code, or a 
retired federal law enforcement officer who, prior to 
retirement, was authorized under federal law to carry a firearm 
in the course of duty, unless the retired peace officer, person, 
or federal law enforcement officer retired as the result of a 
mental disability.
The sheriff shall deposit all fees paid by an applicant 
under division (B)(1)(c) of this section into the sheriff's 
concealed handgun license issuance fund established pursuant to 
section 311.42 of the Revised Code.
(C) A person who holds a concealed handgun license on a 
temporary emergency basis has the same right to carry a 
concealed handgun as a person who was issued a concealed handgun 
license under section 2923.125 of the Revised Code, and any 
exceptions to the prohibitions contained in section 1547.69 and 
sections 2923.12 to 2923.16 of the Revised Code for a licensee 
under section 2923.125 of the Revised Code apply to a licensee 
under this section. The person is subject to the same 
restrictions, and to all other procedures, duties, and 
sanctions, that apply to a person who carries a license issued 
under section 2923.125 of the Revised Code, other than the 
license renewal procedures set forth in that section.
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1520 H. B. No. 46 Page 52
As Introduced
(D) A sheriff who issues a concealed handgun license on a 
temporary emergency basis under this section shall not require a 
person seeking to carry a concealed handgun in accordance with 
this section to submit a competency certificate as a 
prerequisite for issuing the license and shall comply with 
division (H) of section 2923.125 of the Revised Code in regards 
to the license. The sheriff shall suspend or revoke the license 
in accordance with section 2923.128 of the Revised Code. In 
addition to the suspension or revocation procedures set forth in 
section 2923.128 of the Revised Code, the sheriff may revoke the 
license upon receiving information, verifiable by public 
documents, that the person is not eligible to possess a firearm 
under either the laws of this state or of the United States or 
that the person committed perjury in obtaining the license; if 
the sheriff revokes a license under this additional authority, 
the sheriff shall notify the person, by certified mail, return 
receipt requested, at the person's last known residence address 
that the license has been revoked and that the person is 
required to surrender the license at the sheriff's office within 
ten days of the date on which the notice was mailed. Division 
(H) of section 2923.125 of the Revised Code applies regarding 
any suspension or revocation of a concealed handgun license on a 
temporary emergency basis.
(E) A sheriff who issues a concealed handgun license on a 
temporary emergency basis under this section shall retain, for 
the entire period during which the license is in effect, the 
evidence of imminent danger that the person submitted to the 
sheriff and that was the basis for the license, or a copy of 
that evidence, as appropriate.
(F) If a concealed handgun license on a temporary 
emergency basis issued under this section is lost or is 
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1551 H. B. No. 46 Page 53
As Introduced
destroyed, the licensee may obtain from the sheriff who issued 
that license a duplicate license upon the payment of a fee of 
fifteen dollars and the submission of an affidavit attesting to 
the loss or destruction of the license. The sheriff, in 
accordance with the procedures prescribed in section 109.731 of 
the Revised Code, shall place on the replacement license a 
combination of identifying numbers different from the 
combination on the license that is being replaced.
(G) The attorney general shall prescribe, and shall make 
available to sheriffs, a standard form to be used under division 
(B) of this section by a person who applies for a concealed 
handgun license on a temporary emergency basis on the basis of 
imminent danger of a type described in division (A)(1)(a) of 
this section. The attorney general shall design the form to 
enable applicants to provide the information that is required by 
law to be collected, and shall update the form as necessary. 
Burdens or restrictions to obtaining a concealed handgun license 
that are not expressly prescribed in law shall not be 
incorporated into the form. The attorney general shall post a 
printable version of the form on the web site of the attorney 
general and shall provide the address of the web site to any 
person who requests the form.
(H) A sheriff who receives any fees paid by a person under 
this section shall deposit all fees so paid into the sheriff's 
concealed handgun license issuance expense fund established 
under section 311.42 of the Revised Code.
(I) A sheriff shall accept evidence of imminent danger, a 
sworn affidavit, the fee, and the set of fingerprints specified 
in division (B)(1) of this section at any time during normal 
business hours. In no case shall a sheriff require an 
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1581 H. B. No. 46 Page 54
As Introduced
appointment, or designate a specific period of time, for the 
submission or acceptance of evidence of imminent danger, a sworn 
affidavit, the fee, and the set of fingerprints specified in 
division (B)(1) of this section, or for the provision to any 
person of a standard form to be used for a person to apply for a 
concealed handgun license on a temporary emergency basis.
Sec. 2923.13. (A) Unless relieved from disability under 
operation of law or legal process, no person shall knowingly 
acquire, have, carry, or use any firearm or dangerous ordnance, 
if any of the following apply:
(1) The person is a fugitive from justice.
(2) The person is under indictment for or has been 
convicted of any felony offense of violence or has been 
adjudicated a delinquent child for the commission of an offense 
that, if committed by an adult, would have been a felony offense 
of violence.
(3) The person is under indictment for or has been 
convicted of any felony offense involving the illegal 
possession, use, sale, administration, distribution, or 
trafficking in any drug of abuse or has been adjudicated a 
delinquent child for the commission of an offense that, if 
committed by an adult, would have been a felony offense 
involving the illegal possession, use, sale, administration, 
distribution, or trafficking in any drug of abuse.
(4) The person has a drug dependency, is in danger of drug 
dependence, or has chronic alcoholism.
(5) The person is under adjudication of mental 
incompetence, has been committed to a mental institution, has 
been found by a court to be a person with a mental illness 
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1610 H. B. No. 46 Page 55
As Introduced
subject to court order, or is an involuntary patient other than 
one who is a patient only for purposes of observation. As used 
in this division, "person with a mental illness subject to court 
order" and "patient" have the same meanings as in section 
5122.01 of the Revised Code.
(6) The person has been found guilty of having a firearm 
while under extreme risk protection order disability, and is 
prohibited from acquiring, having, carrying, or using a firearm 
under section 2923.99 of the Revised Code.
(B) Whoever violates this section is guilty of having 
weapons while under disability, a felony of the third degree.
(C) For the purposes of this section , "under:
(1) "Under operation of law or legal process" shall not 
itself include mere completion, termination, or expiration of a 
sentence imposed as a result of a criminal conviction.
(2) "Mentally ill person subject to court order" and 
"patient" have the same meanings as in section 5122.01 of the 
Revised Code.
Sec. 2923.26.  	(A) As used in this section and sections  
2923.27 to 2923.30 of the Revised Code:
(1) "Extreme risk protection order" means a final order 
granted under section 2923.26 of the Revised Code.
(2) "Ex parte extreme risk protection order" means an ex 
parte order granted under section 2923.27 of the Revised Code.
(3) "Family or household member" means, with respect to a 
respondent, any of the following:
(a) A person related by blood, marriage, or adoption to 
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1637 H. B. No. 46 Page 56
As Introduced
the respondent;
(b) A person in a dating relationship with the respondent;
(c) A person who has a child in common with the 
respondent, regardless of whether the person has been married to 
the respondent or has lived together with the respondent at any 
time;
(d) A person who resides with the respondent or who has 
resided with the respondent within the past year;
(e) A person who has a biological or legal parent-child 
relationship with the respondent, including a stepparent, 
stepchild, grandparent, and grandchild of the respondent;
(f) A person who is acting or has acted as the 
respondent's legal guardian.
(4) "Petitioner" means the person who petitions for an 
extreme risk protection order under this section.
(5) "Respondent" means the person who is identified as the 
subject of a petition for an extreme risk protection order under 
this section.
(6) "Law enforcement officer" means a sheriff, deputy 
sheriff, constable, police officer of a township or joint police 
district, municipal police officer, or state highway patrol 
trooper.
(7) "Law enforcement agency" means a municipal or township 
police department, a county sheriff's office, or the state 
highway patrol.
(B)(1) Any of the following persons may seek relief under 
sections 2923.26 to 2923.30 of the Revised Code by filing a 
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1664 H. B. No. 46 Page 57
As Introduced
petition for an extreme risk protection order in the court of 
common pleas in the county where the petitioner resides or in 
the county where the respondent resides:
(a) A family or household member of the respondent;
(b) A law enforcement officer or law enforcement agency.
(2) If a petitioner files a petition for an extreme risk 
protection order, in addition to the petition, the petitioner 
may file an application for an ex parte extreme risk protection 
order under section 2923.27 of the Revised Code. An application 
for an ex parte extreme risk protection order may be filed as 
specified in that section in the court of common pleas in which 
the petition is filed or in a county court or municipal court. 
If a petitioner who files a petition for an extreme risk 
protection order also files an application for an ex parte 
extreme risk protection order, except as expressly specified to 
the contrary, the provisions of this section apply with respect 
to the petition that is related to the application.
(C) A petition for an extreme risk protection order shall 
include all of the following:
(1) An allegation that the respondent poses a significant 
danger of causing personal injury to self or others by having in 
the respondent's custody or control, purchasing, possessing, or 
receiving a firearm, accompanied by an affidavit made under oath 
stating the specific statements, actions, or facts that give 
rise to a reasonable fear of future dangerous acts by the 
respondent;
(2) An inventory list including the number, types, and 
locations of every firearm the petitioner believes to be in the 
respondent's ownership, possession, custody, or control;
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1693 H. B. No. 46 Page 58
As Introduced
(3) A list of any protection order issued under section 
2151.34, 2903.213, 2903.214, 2919.26, or 3113.31 of the Revised 
Code to which the respondent is subject and of which the 
petitioner is aware;
(4) A list of any pending lawsuit, complaint, petition, or 
other legal action between the parties.
(D) The court shall verify the terms of any existing order 
governing the parties but shall not delay granting relief under 
this section or section 2923.27 of the Revised Code because an 
action is pending between the parties. A petition for an extreme 
risk protection order may be granted whether or not an action 
between the parties is pending.
(E) If the petitioner for an extreme risk protection order 
is a law enforcement officer or agency, the petitioner shall 
make a good faith effort to provide notice to a family or 
household member or third party who may be at risk of violence. 
The notice shall state that the petitioner intends to petition 
the court for an extreme risk protection order or that the 
petitioner has already done so, and include referrals to 
appropriate resources, including mental health, domestic 
violence, and counseling resources. The petitioner shall attest 
in the petition to having provided this notice, or attest to the 
steps that will be taken to provide the notice.
(F) If the petition for an extreme risk protection order 
states that disclosure of the petitioner's address would risk 
harm to the petitioner or any member of the petitioner's family 
or household, the petitioner's address may be omitted from all 
documents filed with the court. If the petitioner has not 
disclosed an address under this division, the petitioner shall 
designate an alternate address at which the respondent may serve 
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1723 H. B. No. 46 Page 59
As Introduced
notice of any motions. If the petitioner is a law enforcement 
officer or agency, the address of record shall be the address of 
the law enforcement agency.
(G) The court shall not charge a fee to a petitioner for 
filing a petition under this section or for filing an 
application for an ex parte extreme risk protection order under 
section 2923.27 of the Revised Code, and shall not charge the 
petitioner for service of process of the petition. The court 
shall provide the necessary certified copies and forms and shall 
provide materials explaining the process of filing a petition 
for an extreme risk protection order to persons free of charge.
(H) No petitioner for an extreme risk protection order 
shall be required to post a bond to obtain relief under this 
section or sections 2923.27 to 2923.30 of the Revised Code.
(I)(1) Upon receiving a petition for an extreme risk 
protection order, the court shall do all of the following, 
subject to division (I)(2) of this section:
(a) Order a hearing to be held not later than fourteen 
days after the date the petition is filed;
(b) Issue a notice of the date, time, and location of the 
hearing to the respondent named in the petition;
(c) Cause a copy of the notice of hearing and petition to 
be forwarded on or before the next judicial day to a local law 
enforcement agency for service on the respondent.
(2) If a petitioner who files a petition for an extreme 
risk protection order also files an application for an ex parte 
extreme risk protection order under section 2923.27 of the 
Revised Code with respect to the same respondent, the court 
shall order the hearing specified in division (I)(1)(a) of this 
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As Introduced
section, but except as provided in division (E)(4) of section 
2923.27 of the Revised Code, the court shall not issue the 
notice under division (I)(1)(b) of this section, cause the copy 
of the notice and petition to be served under division (I)(1)(c) 
of this section, or conduct the hearing.
(J) The court may do either of the following with respect 
to a petition for an extreme risk protection order:
(1) Subject to division (K) of this section, schedule a 
hearing by telephone pursuant to local court rule, to reasonably 
accommodate a disability, or, in exceptional circumstances, to 
protect a petitioner from potential harm;
(2) Issue an ex parte extreme risk protection order under 
section 2923.27 of the Revised Code, if an application for such 
an order is made under that section.
(K) The court shall require assurances of the petitioner's 
identity before conducting a telephonic hearing under division 
(J)(1) of this section.
(L) Except as otherwise provided in this division, the 
local law enforcement agency shall personally serve the petition 
and notice of the hearing on the respondent not less than five 
judicial days prior to the hearing. If the petitioner who filed 
the petition for an extreme risk protection order also filed an 
application for an ex parte extreme risk protection order under 
section 2923.27 of the Revised Code with respect to the same 
respondent, the agency shall serve the notice and petition as 
specified in division (E)(3) or (4) of section 2923.27 of the 
Revised Code. Service issued under this section shall take 
precedence over other service of other documents, unless those 
documents are also of an emergency nature. If the local law 
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1781 H. B. No. 46 Page 61
As Introduced
enforcement agency cannot serve process under this section 
within the time period specified, the court shall set a new 
hearing date and either require the local law enforcement agency 
to attempt personal service again or shall permit service by 
publication or mail as provided in division (H) of section 
2923.28 of the Revised Code. The court shall not require more 
than two attempts at obtaining personal service and shall permit 
service by publication or mail after two attempts unless the 
petitioner requests additional time to attempt personal service. 
If the court issues an order that permits service by publication 
or mail, the court shall set the hearing date not later than 
twenty-four days after the date the order is issued.
(M)(1) Upon hearing a petition for an extreme risk 
protection order, subject to division (M)(2) of this section, if 
the court finds by a preponderance of the evidence that the 
respondent poses a significant danger of causing personal injury 
to self or others by having custody or control of a firearm or 
the ability to purchase, possess, or receive a firearm, the 
court shall issue an extreme risk protection order for a period 
of one hundred eighty days.
(2) Division (M)(1) of this section does not apply to a 
determination of whether an ex parte extreme risk protection 
order should be issued under section 2923.27 of the Revised 
Code. Divisions (B) and (C) of that section govern the 
determination of whether such an order should be issued. If a 
court issues an ex parte extreme risk protection order under 
that section, division (M)(1) of this section applies in 
determining whether to issue a final extreme risk protection 
order after a hearing held on the related petition for an order. 
If a court denies an application for an ex parte extreme risk 
protection order under that section, division (M)(1) of this 
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1812 H. B. No. 46 Page 62
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section applies in determining whether to issue an extreme risk 
protection order after a hearing held on the related petition 
for an order.
(N) In determining whether grounds for an extreme risk 
protection order exist under division (M)(1) of this section or 
whether grounds for an ex parte extreme risk protection order 
exist under divisions (B) and (C) of section 2923.27 of the 
Revised Code, the court may do any of the following:
(1) Consider any relevant evidence including any of the 
following:
(a) A recent act or threat of violence by the respondent 
against the respondent or against another, whether or not the 
violence or threat involves a firearm;
(b) A pattern of acts or threats of violence by the 
respondent within the past twelve months, including acts or 
threats of violence by the respondent against the respondent or 
against others;
(c) Any dangerous mental health issues of the respondent;
(d) A violation by the respondent of any of the following:
(i) A protection order issued or consent agreement 
approved pursuant to section 2919.26 or 3113.31 of the Revised 
Code;
(ii) A protection order issued pursuant to section 
2151.34, 2903.213, or 2903.214 of the Revised Code;
(iii) A protection order issued by a court of another 
state.
(e) A previous or existing extreme risk protection order 
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1839 H. B. No. 46 Page 63
As Introduced
issued against the respondent;
(f) A violation of a previous or existing extreme risk 
protection order issued against the respondent;
(g) A conviction of the respondent for a violation of 
section 2919.25 of the Revised Code;
(h) The respondent's ownership, access to, or intent to 
possess firearms;
(i) The unlawful or reckless use, display, or brandishing 
of a firearm by the respondent;
(j) The history of use, attempted use, or threatened use 
of physical force by the respondent against another person, or 
the respondent's history of stalking another person;
(k) Any prior arrest of the respondent for a felony 
offense or violent crime;
(l) Corroborated evidence of the abuse of controlled 
substances or alcohol by the respondent;
(m) Evidence of recent acquisition of firearms by the 
respondent.
(2) Examine under oath the petitioner, the respondent, and 
any witness called by the petitioner or respondent;
(3) Ensure that a reasonable search has been conducted for 
criminal history records related to the respondent.
(O) During a hearing for an extreme risk protection order, 
the court shall consider whether a mental health evaluation or 
chemical dependency evaluation is appropriate and may order such 
an evaluation if appropriate.
(P) An extreme risk protection order issued under this 
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1866 H. B. No. 46 Page 64
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section shall include all of the following:
(1) A statement of the grounds supporting the order;
(2) The date and time that the order was issued;
(3) The date and time the order expires;
(4) Whether a mental health evaluation or chemical 
dependency evaluation of the respondent is required;
(5) The address of the court in which any responsive 
pleading should be filed;
(6) A description of the requirements for relinquishment 
of firearms under section 2923.30 of the Revised Code;
(7) The following statement:
"To the subject of the protection order:
This order will last until the date and time noted above. 
If you have not done so already, you must surrender to the 
(insert name of local law enforcement agency) all firearms in 
your custody, control, or possession and any license to carry a 
concealed handgun issued to you under section 2923.125 or 
2923.1213 of the Revised Code. You may not have in your custody 
or control, purchase, possess, receive, or attempt to purchase 
or receive, a firearm while this order is in effect. You have 
the right to request one hearing to terminate this order every 
one-hundred-eighty-day period that this order is in effect, 
starting from the date of this order and continuing through any 
renewals. You may seek the advice of an attorney as to any 
matter connected with this order."
(Q) When the court issues an extreme risk protection order 
under this section, the court shall inform the respondent that 
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1893 H. B. No. 46 Page 65
As Introduced
the respondent is entitled to request termination of the order 
in the manner prescribed in section 2923.29 of the Revised Code.
(R) If the court declines to issue an extreme risk 
protection order under this section, the court shall state the 
particular reasons for denial in the court's order.
(S) Sections 2923.26 to 2923.30 of the Revised Code do not 
affect the ability of a law enforcement officer to remove a 
firearm or concealed handgun license from any person or conduct 
any search and seizure for firearms pursuant to any other lawful 
authority.
Sec. 2923.27.  	(A) A petitioner who files a petition for an  
extreme risk protection order under section 2923.26 of the 
Revised Code may request that an ex parte extreme risk 
protection order be issued before a hearing for an extreme risk 
protection order under that section, without notice to the 
respondent, by filing an application for an ex parte extreme 
risk protection order in a court of common pleas, county court, 
or municipal court. An application for an ex parte order shall 
include detailed allegations based on personal knowledge that 
the respondent poses a significant danger of causing personal 
injury to self or others in the near future by having custody or 
control of a firearm or the ability to purchase, possess, or 
receive a firearm. The application shall be filed in addition to 
the petition for the extreme risk protection order.
(B) In considering whether to issue an ex parte extreme 
risk protection order under this section, the court that 
receives the application shall consider all relevant evidence, 
including the evidence described in division (N)(1) of section 
2923.26 of the Revised Code.
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1922 H. B. No. 46 Page 66
As Introduced
(C) If a court finds there is reasonable cause to believe 
that the respondent poses a significant danger of causing 
personal injury to self or others in the near future by having 
custody or control of a firearm or the ability to purchase, 
possess, or receive a firearm, the court shall issue an ex parte 
extreme risk protection order.
(D) The court shall hold an ex parte extreme risk 
protection order hearing in person or by telephone on the day 
the petition is filed or on the judicial day immediately 
following the day the petition is filed.
(E)(1) If a court of common pleas issues an ex parte 
extreme risk protection order, the court shall schedule a 
hearing to be held within three days of the issuance of the 
order to determine if an extreme risk protection order should be 
issued and shall hold the hearing on the date, and at the time 
and place, scheduled.
(2) If a county court or municipal court issues an ex 
parte extreme risk protection order, the court shall transfer 
the case to the court of common pleas and that court shall 
schedule a hearing to be held within three days of the issuance 
of the order to determine if an extreme risk protection order 
should be issued, and shall hold the hearing on the date, and at 
the time and place, scheduled.
(3) If a court of common pleas, county court, or municipal 
court issues an ex parte extreme risk protection order, the 
hearing scheduled under division (I)(1)(a) of section 2923.26 of 
the Revised Code shall not be conducted. Instead, the 
appropriate court shall conduct the hearing scheduled under 
division (E)(1) or (2) of this section to determine if an 
extreme risk protection order should be issued. The court shall 
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1952 H. B. No. 46 Page 67
As Introduced
issue a notice of the date, time, and location of the hearing to 
the respondent and shall cause a copy of the notice of the 
hearing and petition to be forwarded on or before the next 
judicial day to a local law enforcement agency for service on 
the respondent. The local law enforcement agency shall 
personally serve the notice of the hearing and petition on the 
day that it is received and shall serve the ex parte order 
concurrently with the notice.
(4) If a petitioner files an application requesting that 
an ex parte extreme risk protection order be issued and the 
court denies the application, the court in which the petition 
was filed under section 2923.26 of the Revised Code shall 
conduct the hearing scheduled under division (I)(1)(a) of that 
section to determine if an extreme risk protection order should 
be issued. The court shall issue the notice under division (I)
(1)(b) of that section and cause the copy of the notice and 
petition to be served under division (I)(1)(c) of that section. 
The local law enforcement agency that is served with the copy of 
the notice and petition shall personally serve the petition and 
notice of the hearing on the respondent not less than five 
judicial days prior to the hearing.
(F) An ex parte extreme risk protection order issued under 
this section shall include all of the following:
(1) A statement of the grounds asserted for the order;
(2) The date and time the order was issued;
(3) The date and time the order expires;
(4) The address of the court in which any responsive 
pleading should be filed;
(5) The date, time, and location of the hearing scheduled 
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1981 H. B. No. 46 Page 68
As Introduced
under division (E)(1) or (2) of this section;
(6) A description of the requirements for surrender of 
firearms under section 2923.30 of the Revised Code;
(7) The following statement:
"To the subject of this protection order:
This order is valid until the date and time noted above. 
You are required to surrender all firearms in your custody, 
control, or possession. You may not have in your custody or 
control, purchase, possess, receive, or attempt to purchase or 
receive, a firearm while this order is in effect. You must 
immediately surrender to the (insert name of local law 
enforcement agency) all firearms in your custody, control, or 
possession and any license to carry a concealed handgun issued 
to you under section 2923.125 or 2923.1213 of the Revised Code 
immediately. A hearing will be held on the date and at the time 
and location noted above to determine if an extreme risk 
protection order should be issued. Failure to appear at that 
hearing may result in a court making an order against you that 
is valid for one hundred eighty days. You may seek the advice of 
an attorney as to any matter connected with this order."
(G) Any ex parte extreme risk protection order issued 
under this section expires upon the hearing on the petition for 
the extreme risk protection order.
(H) If the court of common pleas, county court, or 
municipal court declines to issue an ex parte extreme risk 
protection order, the court shall state the particular reasons 
for the denial.
Sec. 2923.28.  	(A) An extreme risk protection order issued  
under section 2923.26 of the Revised Code shall be personally 
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2010 H. B. No. 46 Page 69
As Introduced
served upon the respondent, except as otherwise provided in 
sections 2923.26 to 2923.30 of the Revised Code.
(B) The law enforcement agency with jurisdiction over the 
area in which the respondent resides shall serve the respondent 
personally unless the petitioner elects to have the respondent 
served by a private party.
(C) If service by the local law enforcement agency is to 
be used, the clerk of court shall cause a copy of the order 
issued under section 2923.26 of the Revised Code to be forwarded 
on or before the next judicial day to the local law enforcement 
agency specified in the order for service upon the respondent.
(D) If the law enforcement agency is unable to complete 
service on the respondent within ten days, the law enforcement 
agency shall notify the petitioner. The petitioner shall provide 
any information necessary to allow the law enforcement agency to 
complete service on the respondent.
(E) If an order entered by the court specifies that the 
respondent appeared in person before the court, further service 
is waived and proof of service is not necessary.
(F) If the court previously entered an order allowing 
service of the notice and petition or an ex parte extreme risk 
protection order by publication or mail under division (H) of 
this section, or if the court finds there are now grounds to 
allow for that method of service, the court may permit service 
by publication or mail of the extreme risk protection order as 
provided in that division.
(G) Return of service under sections 2923.26 to 2923.30 of 
the Revised Code shall be made in accordance with applicable 
rules of court.
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2039 H. B. No. 46 Page 70
As Introduced
(H) The court may order service by publication or service 
by mail as provided by the Rules of Civil Procedure except that 
any summons shall contain the name of the respondent and 
petitioner, the date and time of the hearing, and any ex parte 
extreme risk protection order that has been issued against the 
respondent, and the following notice:
"If you fail to respond, an extreme risk protection order 
may be issued against you pursuant to sections 2923.26 to 
2923.30 of the Revised Code for one hundred eighty days from the 
date you are required to appear."
(I) If the court orders service by publication or mail for 
notice of an extreme risk protection order hearing, it shall 
also reissue the ex parte extreme risk protection order, if 
issued, to expire on the date of the extreme risk protection 
order hearing.
(J) Following completion of service by publication or by 
mail for notice of an extreme risk protection order hearing, if 
the respondent fails to appear at the hearing, the court may 
issue an extreme risk protection order as provided in section 
2923.26 of the Revised Code.
(K) The clerk of the court shall enter any extreme risk 
protection order or ex parte extreme risk protection order 
issued under sections 2923.26 to 2923.30 of the Revised Code 
into a statewide judicial information system on the same day 
such order is issued.
(L) The clerk of the court shall forward a copy of an 
order issued under sections 2923.26 to 2923.30 of the Revised 
Code the same day the order is issued to the appropriate law 
enforcement agency specified in the order. Upon receipt of the 
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2068 H. B. No. 46 Page 71
As Introduced
copy of the order, the law enforcement agency shall enter the 
order into the national instant criminal background check 
system, any other federal or state computer-based systems used 
by law enforcement or others to identify prohibited purchasers 
of firearms, and any computer-based criminal intelligence 
information system available in this state used by law 
enforcement agencies to list outstanding warrants. The order 
shall remain in each system for the period stated in the order, 
and the law enforcement agency shall only remove orders from the 
systems that have expired or terminated. Entry into the 
computer-based criminal intelligence information system 
constitutes notice to all law enforcement agencies of the 
existence of the order. The order is fully enforceable in any 
county in the state.
(M)(1) The issuing court shall, within three judicial days 
after issuance of an extreme risk protection order or ex parte 
extreme risk protection order, forward a copy of the 
respondent's driver's license or state identification card, or 
comparable information, along with the date of the order's 
issuance, to the sheriff that has issued a concealed handgun 
license to the respondent. Upon receipt of the information, the 
sheriff shall immediately revoke the respondent's license in 
accordance with division (B) of section 2923.128 of the Revised 
Code.
(2) The court, if necessary, may apply for access to the 
law enforcement automated data system to identify a sheriff that 
has issued a concealed handgun license to a respondent. For 
purposes of this inquiry, the court is a criminal justice 
agency.
(N) If an extreme risk protection order is terminated 
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2098 H. B. No. 46 Page 72
As Introduced
before its expiration date, the clerk of the court shall forward 
the same day a copy of the termination order to the appropriate 
law enforcement agency specified in the termination order. Upon 
receipt of the order, the law enforcement agency shall promptly 
remove the order from any computer-based system in which it was 
entered pursuant to division (L) of this section.
Sec. 2923.29.  	(A) The respondent may submit one written  
request for a hearing to terminate an extreme risk protection 
order issued under sections 2923.26 to 2923.30 of the Revised 
Code every one-hundred-eighty-day period that the order is in 
effect, starting from the date of the order and continuing 
through any renewals.
(1) Upon receipt of the request for a hearing to terminate 
an extreme risk protection order, the court shall set a date for 
a hearing. Notice of the request shall be served on the 
petitioner in accordance with the Rules of Civil Procedure. The 
hearing shall occur not sooner than fourteen days and not later 
than thirty days after the date the petitioner is served with 
the request.
(2) The respondent shall have the burden of proving by a 
preponderance of the evidence that the respondent does not pose 
a significant danger of causing personal injury to self or 
others by having custody or control of a firearm or the ability 
to purchase, possess, or receive a firearm. The court may 
consider any relevant evidence, including evidence of the 
considerations listed in division (N)(1) of section 2923.26 of 
the Revised Code.
(3) If the court finds after the hearing that the 
respondent has met the respondent's burden, the court shall 
terminate the order.
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2128 H. B. No. 46 Page 73
As Introduced
(B) The court shall notify the petitioner of the impending 
expiration of an extreme risk protection order. Notice shall be 
received by the petitioner sixty calendar days before the date 
the order expires.
(C) A family or household member of a respondent or a law 
enforcement officer or agency may by motion request a renewal of 
an extreme risk protection not sooner than sixty calendar days 
before the expiration of the order.
(D) Upon receipt of a motion to renew, the court shall 
order that a hearing be held not later than fourteen days from 
the date of the request for renewal. The court may schedule a 
hearing by telephone in the manner prescribed by division (J)(1) 
of section 2923.26 of the Revised Code. The respondent shall be 
personally served in the same manner prescribed by divisions (I)
(3) and (L) of section 2923.26 of the Revised Code. 
(E) In determining whether to renew an extreme risk 
protection order under this section, the court shall consider 
all relevant evidence presented by the petitioner and follow the 
same procedure as provided in section 2923.26 of the Revised 
Code.
If the court finds by a preponderance of the evidence that 
the requirements for issuance of an extreme risk protection 
order as provided in section 2923.26 of the Revised Code 
continue to be met, the court shall renew the order. However, 
if, after notice, the motion for renewal is uncontested and the 
petitioner seeks no modification of the order, the order may be 
renewed on the basis of the petitioner's motion or affidavit 
stating that there has been no material change in relevant 
circumstances since entry of the order and stating the reason 
for the requested renewal.
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As Introduced
(F) The renewal of an extreme risk protection order has a 
duration of one hundred eighty days, subject to termination as 
provided in division (A) of this section or further renewal by 
order of the court.
Sec. 2923.30.  	(A) Upon issuance of any extreme risk  
protection order or ex parte extreme risk protection order under 
sections 2923.26 to 2923.30 of the Revised Code, the court shall 
order the respondent to surrender to the local law enforcement 
agency all firearms in the respondent's custody, control, or 
possession and any license to carry a concealed handgun issued 
to the respondent under section 2923.125 or 2923.1213 of the 
Revised Code.
(B) The law enforcement officer serving any extreme risk 
protection order or ex parte extreme risk protection order 
issued under sections 2923.26 to 2923.30 of the Revised Code 
shall request that the respondent immediately surrender all 
firearms in the respondent's custody, control, or possession and 
any license to carry a concealed handgun issued to the 
respondent under section 2923.125 or 2923.1213 of the Revised 
Code, and conduct any search permitted by law for such firearms.
(C) The law enforcement officer shall take possession of 
all firearms belonging to the respondent that are surrendered, 
in plain sight, or discovered pursuant to a lawful search. 
Alternatively, if personal service by a law enforcement officer 
is not possible, or not required because the respondent was 
present at the extreme risk protection order hearing, the 
respondent shall surrender the firearms in a safe manner to the 
control of the local law enforcement agency within forty-eight 
hours of being served with the order by alternate service or 
within forty-eight hours of the hearing at which the respondent 
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2188 H. B. No. 46 Page 75
As Introduced
was present.
(D) At the time of surrender, a law enforcement officer 
taking possession of a firearm or concealed handgun license 
shall issue a receipt identifying all firearms that have been 
surrendered and provide a copy of the receipt to the respondent. 
Within seventy-two hours after service of the order, the officer 
serving the order shall file the original receipt with the court 
and shall ensure that the officer's law enforcement agency 
retains a copy of the receipt.
(E) Upon the sworn statement or testimony of the 
petitioner or of any law enforcement officer alleging that the 
respondent has failed to comply with the surrender of firearms 
as required by an order issued under sections 2923.26 to 2923.30 
of the Revised Code, the court shall determine whether probable 
cause exists to believe that the respondent has failed to 
surrender all firearms in the respondent's possession, custody, 
or control. If probable cause exists, the court shall issue a 
warrant describing the firearms and authorizing a search of the 
locations where the firearms are reasonably believed to be and 
the seizure of any firearms discovered pursuant to such search.
(F) If a person other than the respondent claims title to 
any firearm surrendered pursuant to this section, and the other 
person is determined by the law enforcement agency to be the 
lawful owner of the firearm, the firearm shall be returned to 
the other person, provided that both of the following apply:
(1) The firearm is removed from the respondent's custody, 
control, or possession and the lawful owner agrees to store the 
firearm in a manner such that the respondent does not have 
access to or control of the firearm.
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2217 H. B. No. 46 Page 76
As Introduced
(2) The lawful owner is not prohibited from possessing the 
firearm under state or federal law.
(G) Upon the issuance of an extreme risk protection order, 
the court shall order a new hearing date and require the 
respondent to appear not later than three judicial days from the 
issuance of the order. The court shall require a showing that 
the respondent has surrendered any firearms in the respondent's 
custody, control, or possession. The court may dismiss the 
hearing upon a satisfactory showing that the respondent is in 
compliance with the order. 
(H) All law enforcement agencies shall develop policies 
and procedures not later than six months after the effective 
date of this section regarding the acceptance, storage, and 
return of firearms required to be surrendered under sections 
2923.26 to 2923.30 of the Revised Code.
(I) If an extreme risk protection order is terminated or 
expires without renewal or an ex parte extreme risk protection 
order expires and an extreme risk protection order is not issued 
regarding the respondent, a law enforcement agency holding any 
firearm that has been surrendered pursuant to sections 2923.26 
to 2923.30 of the Revised Code shall return any surrendered 
firearm requested by a respondent only after confirming, through 
a background check, that the respondent is currently eligible to 
own or possess firearms under federal and state law and after 
confirming with the court that the extreme risk protection order 
has terminated or has expired without renewal.
(J) A law enforcement agency shall, if requested by a 
family or household member of a respondent, provide prior notice 
of the return of a firearm to a respondent to that family or 
household member.
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2247 H. B. No. 46 Page 77
As Introduced
(K) Any firearm surrendered by a respondent pursuant to 
this section that remains unclaimed by the lawful owner shall be 
disposed of in accordance with the law enforcement agency's 
policies and procedures for the disposal of firearms in police 
custody.
Sec. 2923.99.  	(A) Except as provided in this section,  
sections 2923.26 to 2923.30 of the Revised Code do not impose 
criminal or civil liability on any person or entity for acts or 
omissions related to obtaining an extreme risk protection order 
or ex parte extreme risk protection order including for 
reporting, declining to report, investigating, declining to 
investigate, filing, or declining to file a petition under those 
sections.
(B)(1) No person shall do either of the following:
(a) File a petition for an extreme risk protection order 
under section 2923.26 of the Revised Code alleging that the 
respondent poses a significant danger of causing personal injury 
to self or others by having in the respondent's custody or 
control, purchasing, possessing, or receiving a firearm if the 
person knows the allegation is false;
(b) File an application for an ex parte extreme risk 
protection order under section 2923.27 of the Revised Code 
alleging that the respondent poses a significant danger of 
causing personal injury to self or others in the near future by 
having custody or control of a firearm or the ability to 
purchase, possess, or receive a firearm if the person knows the 
allegation is false.
(2) An individual injured in person or property by a 
violation of division (B)(1)(a) or (b) of this section has, and 
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2276 H. B. No. 46 Page 78
As Introduced
may recover full damages in, a civil action under section 
2307.60 of the Revised Code. A civil action described in this 
division is in addition to, and does not preclude, any possible 
criminal prosecution of the person who violates division (B)(1)
(a) or (b) of this section.
(3) Whoever violates division (B)(1)(a) or (b) of this 
section is guilty of a felony of the fifth degree.
(C)(1) No person shall acquire, have, carry, or use any 
firearm with knowledge that the person is prohibited from doing 
so by an order issued under this section or sections 2923.26 to 
2923.30 of the Revised Code.
(2) A person who violates division (C)(1) of this section 
is guilty of having a firearm while under extreme risk 
protection order disability. Except as provided in division (C)
(3) of this section, having a firearm while under extreme risk 
protection order disability is a misdemeanor of the third 
degree.
(3) If a person found guilty of having a firearm while 
under extreme risk protection order disability has two or more 
previous convictions for such an offense, having a firearm while 
under extreme risk protection order disability is a felony of 
the fifth degree.
(D) In addition to the penalties prescribed in division 
(C) of this section, no person found guilty of having a firearm 
while under extreme risk protection order disability shall 
knowingly acquire, have, carry, or use any firearm or dangerous 
ordnance for a period of five years after the date the 
underlying extreme risk protection order expires.
Section 2. That existing sections 109.57, 2923.125, 
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2305 H. B. No. 46 Page 79
As Introduced
2923.128, 2923.1213, and 2923.13 of the Revised Code are hereby 
repealed.
Section 3. Sections 2923.26 to 2923.30 and 2923.99 of the 
Revised Code, as enacted by this act, shall be known as the 
"Extreme Risk Protection Order Act."
Section 4. The General Assembly, applying the principle 
stated in division (B) of section 1.52 of the Revised Code that 
amendments are to be harmonized if reasonably capable of 
simultaneous operation, finds that the following sections, 
presented in this act as composites of the sections as amended 
by the acts indicated, are the resulting versions of the 
sections in effect prior to the effective date of the sections 
as presented in this act:
Section 2923.125 of the Revised Code as amended by both 
H.B. 281 and S.B. 288 of the 134th General Assembly.
Section 2923.128 of the Revised Code as amended by H.B. 
281, S.B. 215, and S.B. 288, all of the 134th General Assembly.
Section 2923.1213 of the Revised Code as amended by both 
H.B. 281 and S.B. 288 of the 134th General Assembly.
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