Responsibilities of Concealed Carry License

Various Ohio Revised Code sections address responsibilities of a person who has been issued a concealed carry license. A person violating any of those responsibilities is subject to possible persecution.

The following responsibilities include, but are not limited to, transportation, duties when approached, prohibited places, and falsification.

Duties of Applicant:

  • * To provide completed application meeting all requirements as prescribed in ORC 2923.125 and 2323.1213.
  • * Section 2921.13(A)(14), no person shall knowingly make a false statement or knowingly swear or affirm the truth of a false statement previously made when the statement is made in an application filed with the Sheriff in order to obtain a permit or license to carry a concealed handgun or to obtain a temporary license to carry a concealed handgun.
  • * Section 2921.23(C), no person shall knowingly present to a Sheriff a fictitious or altered document that purports to be a competency certification.
  • * NOTE: ORC 2953.32(D), sealed records shall NO LONGER be inspected in connection with criminal background check conducted for application under 2923.125.
  • * Section 2923.126, the licensee shall give notice to the Sheriff who issued the license of any change in residence address within 45 days after change.

Duty to Inform Law Enforcement Officer

Section 2923.12(B), a person who has been issued a license or temporary emergency license issued in Ohio or another state that has a reciprocal agreement with the Ohio Attorney General, who is stopped for a law enforcement purpose and who is carrying a concealed handgun shall promptly inform any law enforcement officer who approaches the person after being stopped that the person has been issued a license and is carrying a concealed handgun.

Duty to Carry License

Section 2923.126(b), at the time of the carrying or possession of handgun the person must carry valid concealed carry license or temporary emergency concealed carry license, and the proper identification.

Prohibited Places to Carry

1. Any place in which liquor is being dispensed on premises for which a D permit has been issued. Hotel/restaurant; food service operation; club; amusement park; drug store; lunch stand; boat or vessel to sell beer, wine cocktails, liquor, or mixed beverages at retail, for consumption on premises.
2. Any open air arena for which D permit has been issued, such as a football game.

(REF. 1 and 2 above: For clarification purposes this EXCLUDES a hotel room if you are the occupant. LANGUAGE CHANGED: You may carry if you are the principal holder of the D permit, you have a valid CCW license and you are not consuming or under the influence. You also may carry into a retail store with a D6 (sample tasting) or D8 (Sunday sales 1:00 p.m. to midnight) permit if you are not consuming or under the influence, unless the retail store is posted as NO CCW Permitted.)

3. Police Station, Sheriff’s Office, OSP Post, BCI, State Corrections Institute, Jail, Workhouse, other detention facility.
4. Airport passenger terminal.
5. State Institution for care, treatment, training of mentally ill or mentally retarded.
6. School Safety Zone or School.

**School Safety Zone language changed. Can now carry in a School Safety Zone if only dropping off or picking up someone, either the driver or a passenger has a valid CCW license, and no attempt is made to enter the building or an activity.

7. Courthouse or another building where courtroom is located.
8. Any premises owned or leased by a public or private college or university or other institution of higher education (unless locked in a motor vehicle).
9. Church, synagogue, mosque, or other place of worship, unless same permits otherwise.
10. Child Daycare Center
11. Aircraft
12. Any building owned by Ohio, or any political subdivision ( all county buildings).

**(Revised to state that you CAN carry in a shelter, rest area, parking facility or lot owned by the government or a political subdivision, as long as the shelter, rest area, parking facility or lot is NOT being used as a courthouse.)

13. Any place prohibited by federal law.

If a licensee carries a handgun into above places, the person may be charged with criminal trespass.

Private employers may adopt a rule, policy, or practice concerning or prohibiting firearms on premises, including motor vehicles.

(It is no longer a “criminal offense” for a CCW licensee to carry into a posted private parking lot, however you CAN BE sued civilly.)

Duty to Surrender

ORC 2923.128, any person receiving notification by certified mail that license has been suspended or revoked must surrender their license immediately.

Possession of or carrying a concealed handgun while revoked or suspended is a criminal offense.

Handling/Transportation

ORC 2923.15 and 2923.16

No person shall knowingly transport or have a loaded handgun in motor vehicle or vessel if at the time of transportation the person is under the influence of alcohol or drug of abuse or any combination.

No person shall knowingly transport or have a loaded handgun in a motor vehicle or vessel unless the loaded handgun is carried in a holster on the person’s person, secured in a closed case, box, bag or other container in plain sight that has a lid, cover or closing mechanism with a zipper, snap or buckle, which lid, cover or closing mechanism must be opened to gain access to the handgun, or securely encased by being stored in a closed glove box or vehicle console.

No person, while transporting or while in a motor vehicle shall knowingly remove or attempt to remove the loaded handgun from the holster, glove compartment, or case

-OR-

Knowingly grasp or hold the loaded handgun by touching it with hands or fingers, unless directed to by law enforcement officer.

The driver or occupant shall promptly notify any law enforcement officer who approaches motor vehicle that they are a licensee and are carrying a concealed handgun, or have a loaded handgun in the motor vehicle.

The driver or occupant stopped for law enforcement purpose (traffic stop) if person is transporting or has a loaded handgun in any manner, must comply with any lawful order of any law enforcement officer.

A driver or occupant transporting or having a loaded handgun in any manner must keep their hands in plain sight at all times after traffic stop begins, as officer approaches, and remain in motor vehicle unless instructed otherwise by law enforcement officer.

NOTE: Motorcycles fall under the definition of motor vehicles. Thus the same requirements apply to licensees who carry a handgun while on a motorcycle.

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