Ohio - 23rd Constitutional Concealed Carry State - Details - Page 1

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[ARCHIVED THREAD] - Ohio - 23rd Constitutional Concealed Carry State - Details

Posted: 3/15/2022 12:31:47 AM EDT

Note: I am unsure if this is the correct category for this information, but it seemed this was the best fit. If it belongs elsewhere, please let me know.
Note: I am NOT a lawyer. This is NOT legal advice. This is informative in nature, and you MUST talk with YOUR lawyer about any fine details that you wish to clarify.

SB215 HAS BEEN SIGNED INTO LAW - 91 DAYS AND COUNTING

At approximately 4:50 p.m. on Monday, March 14, 2022, Gov. Mike DeWine signed Senate Bill 215, which will make it legal to carry a concealed handgun without a license in Ohio 91 days after signing.

SB 215 makes several important changes to Ohio's concealed carry laws:

IN OHIO:

It appears that obtaining a concealed handgun license will become optional, so if you are able to legally carry a concealed handgun with a license, you will also be able to carry without a license. The same rights and responsibilities apply in either case.

It appears that you will no longer have the duty to "promptly" notify every law enforcement officer during an official stop. Instead, you must disclose that you are carrying a concealed handgun only when an officer asks, unless you have already notified another officer.

If you choose to obtain a concealed handgun license, you will no longer be required to carry the license on your person.

References:

+ https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA134-SB-215

+ https://search-prod.lis.state.oh.us/solarapi/v1/general_assembly_134/bills/sb215/EN/05/sb215_05_EN?format=pdf

Legal Summary:
https://www.legislature.ohio.gov/download?key=18493&format=pdf

Here is the SUMMARY text from the Legal Summary link:

Lawyer: Sarah A. Maki, Attorney

-- quote --
SUMMARY

+ Provides that a person who is a "qualifying adult" is not required to obtain a
concealed handgun license in order to carry a concealed handgun that is not
a "restricted firearm."

+ Defines "qualifying adult" as a person who is 21 years of age or older, is not
legally prohibited from possessing or receiving a firearm under specified federal
or state law, and satisfies certain specified criteria necessary to obtain a
concealed handgun license.

+ Defines "restricted firearm" as a firearm that is a dangerous ordnance or that is
a firearm that any law of this state prohibits the person from possessing,
having, or carrying.

+ States that specified references to a concealed handgun licensee apply to a
qualifying adult, unless the context clearly indicates otherwise.

+ States that expiration, suspension, and revocation references to a concealed
handgun license do not apply to a qualifying adult, unless the person has been
issued a concealed handgun license.

+ Eliminates the requirement that a concealed handgun licensee must carry a
concealed handgun license in order to carry a concealed handgun.

+ Modifies the duty to notify by providing that a concealed handgun licensee or
active duty military member, before or at the time a law enforcement officer or
motor carrier enforcement unit employee asks if the person is carrying a
concealed handgun, must disclose that the person is carrying a handgun, unless
the person has already notified another law enforcement officer or motor carrier
enforcement unit employee of that fact.

+ Permits expungement of convictions based on failure to comply with the
notification requirements described in the preceding dot point.

-- end of quote --

NOTE: THIS DOES NOT GO INTO LAW UNTIL 91 DAYS FROM SIGNING!

Here is another good point to remind people:

It is important to note that SB 215 will not eliminate or change the current Ohio licensing system. Those who wish to obtain a license for carrying a concealed handgun in Ohio or in other states with reciprocity agreements may continue to do so.

Now, my question:

Can you elaborate on the Federal Gun-Free School Zones Act?

The Gun-Free School Zones Act (GFSZA) is an act of the U.S. Congress prohibiting any unauthorized individual from knowingly possessing a loaded or unsecured firearm at a place that the individual knows, or has reasonable cause to believe, is a school zone as defined by 18 U.S.C. 921(a)(25).

It seems that if Ohio has deemed that you are authorized, then you can carry in a school zone. Is this correct? Does this change state to state?

I've just gone with "don't carry there," to play it safe. But, now I wonder. I have an Ohio CCW/CCL.

From this:
https://www.usconcealedcarry.com/blog/gun-free-school-zones-act-of-1990-what-is-it/

it seems that "The bill allows exceptions for those licensed to carry firearms (only 14 states allowed concealed carry prior to 1990), law enforcement officers and contractors employed and authorized by the school.

It also allows carry within private property homes and businesses that just so happen to fall within that 1,000-foot imaginary line."

From the actual Ohio law, https://codes.ohio.gov/ohio-revised-code/section-2923.122

Section 2923.122 (D)(3)(b):

(3) This section does not apply to a person who conveys or attempts
to convey a handgun into, or possesses a handgun in, a school safety zone
if, at the time of that conveyance, attempted conveyance, or possession of
the handgun, all of the following apply:
..
(b) The person is carrying a valid concealed handgun license or the
person is an active duty member of the armed forces of the United States and
is carrying a valid military identification card and documentation of successful
completion of firearms training that meets or exceeds the training requirements
described in division (G)(1) of section 2923.125 of the Revised Code.

If I read that right, then the new law could be applicable, in that IN OHIO a CCW is not required to qualify as an authorized person. I might be completely wrong, because ... I am not a lawyer. [/u]

Can you elaborate on this?

This is NOT legal advice. It is mere opinion, conjecture, speculation. YOU MUST DO YOUR DUE DILIGENCE ON THESE LAWS.

Stay safe, people!

Posted: 3/15/2022 12:56:50 AM EDT

[#1]

Tag

Posted: 3/15/2022 2:30:54 AM EDT

[#2]

Congrats - what are the "other criteria" they speak of to get a CCW permit there, that you have to meet to carry under Constitutional Carry?
When we got CC here in AZ, our homicides dropped 4 years in a row.

Posted: 3/16/2022 8:30:22 PM EDT

[#3]

A couple of things -
1. It seems that if you carry a loaded pistol into a school safety zone without a concealed handgun license you will be in violation of 18USC922q. Because the 922q exception says that the person must be licensed by that state and the licensure has to have a background check done by LE. Although it seems you can get around that by carrying a gun made in the state that hasn’t travelled via interstate commerce (hi-point, anyone?) I’d check with an attorney before carrying into a school zone w/o a license.

18USC922

2. The additional things they’re talking about are certain criminal convictions that don’t prohibit you from legally owning a firearm, but under OH law will keep you from getting a concealed handgun license.

Posted: 3/16/2022 8:36:39 PM EDT

[#4]

Concealed handgun? Can I carry a concealed AR15 with a full mag in it, in my back seat assuming I can legally possess a firearm?

Posted: 3/17/2022 12:29:32 PM EDT

[#5]

Yay !!
We almost outnumber the "Have nots"

Attached File

Posted: 3/20/2022 12:30:18 AM EDT

[#6]

Quote History

Quoted:
A couple of things -
1. It seems that if you carry a loaded pistol into a school safety zone without a concealed handgun license you will be in violation of 18USC922q. Because the 922q exception says that the person must be licensed by that state and the licensure has to have a background check done by LE. Although it seems you can get around that by carrying a gun made in the state that hasn’t travelled via interstate commerce (hi-point, anyone?) I’d check with an attorney before carrying into a school zone w/o a license.

18USC922

2. The additional things they’re talking about are certain criminal convictions that don’t prohibit you from legally owning a firearm, but under OH law will keep you from getting a concealed handgun license.

View Quote

The Interstate Commerce Clause also applies to intrastate commerce, because every product has materials that have travelled across state lines. The Supreme Court (especially under Gonzales v. Raich) has said that intrastate commerce can be regulated if it "indirectly affects interstate commerce." https://en.wikipedia.org/wiki/Commerce_Clause

Posted: 3/20/2022 12:30:48 AM EDT

[#7]

Quote History

Quoted:
Concealed handgun? Can I carry a concealed AR15 with a full mag in it, in my back seat assuming I can legally possess a firearm?

View Quote

Yes, if it's considered a handgun.

[ARCHIVED THREAD] - Ohio - 23rd Constitutional Concealed Carry State - Details

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