This briefing document provides an overview of the main themes, important ideas, and facts presented in the provided excerpts of Ohio House Bill 46 (as introduced). This bill proposes to amend existing sections of the Ohio Revised Code and enact new sections related to restricting firearm access under specific circumstances and establishing a framework for “extreme risk protection orders.”
I. Main Themes:
- Expansion of Firearm Access Restrictions: The bill modifies existing laws concerning who is prohibited from acquiring, having, carrying, or using firearms, and under what circumstances concealed handgun licenses can be denied, suspended, or revoked.
- Establishment of Extreme Risk Protection Orders (ERPOs): A significant portion of the bill introduces a legal process for obtaining ERPOs, which would temporarily restrict individuals deemed a danger to themselves or others from possessing firearms.
- Modifications to Concealed Handgun Licensing: The bill alters the process for obtaining, renewing, and potentially suspending or revoking concealed handgun licenses, particularly in relation to ERPOs and certain arrests or charges.
- Updates to Criminal Record Keeping and Information Sharing: The bill touches upon the Bureau of Criminal Identification and Investigation’s role in collecting and disseminating criminal history information, especially in the context of background checks for firearm purchases and concealed handgun licenses.
II. Key Ideas and Facts:
A. Bureau of Criminal Identification and Investigation (BCI):
- BCI is responsible for procuring and maintaining criminal history records, including photographs, fingerprints, and other pertinent information for individuals convicted of felonies, certain misdemeanors, and juveniles adjudicated delinquent for acts that would be felonies or offenses of violence if committed by an adult.
- Quote: “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 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…” (Lines 5-18)
- BCI also gathers information on individuals arrested for felonies and certain misdemeanors.
- Quote: “…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 who have been…” (Lines 82-91)
- BCI maintains the state registry of sex offenders and child-victim offenders.
- BCI operates the Ohio law enforcement gateway for information sharing among law enforcement agencies.
- Information furnished to BCI is generally not considered a public record.
B. Concealed Handgun Licenses (CHL):
- Eligibility Criteria (Sec. 2923.125): The bill outlines numerous conditions that would disqualify an applicant from receiving a CHL, including:
- Not being a legal resident of the U.S. and at least 21 years old.
- Being a fugitive from justice.
- Being under indictment or convicted of felonies, certain drug offenses, misdemeanor offenses of violence, or violations of specific Revised Code sections (e.g., 2903.14, 2923.1211, 2903.13 against a peace officer).
- Specific look-back periods for convictions/adjudications (e.g., 3 years for misdemeanor offenses of violence, 5 years for two or more violations of 2903.13 or 2903.14, 10 years for 2921.33).
- Commitment to a mental institution, adjudication of mental incompetence, or being subject to a court order due to mental illness.
- Being subject to civil protection orders, temporary protection orders, extreme risk protection orders, or similar orders from other states.
- Suspension of a previous CHL.
- Being an unlawful user of or addicted to controlled substances.
- Being a non-citizen admitted under a nonimmigrant visa.
- Dishonorable discharge from the armed forces.
- Renouncing U.S. citizenship.
- Conviction/adjudication for domestic violence (section 2919.25).
- Quote: “(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.” (Lines 822-828, emphasis added)
- Application Process (Sec. 2923.125): Applicants submit forms and fees to the sheriff of their county of residence (or adjacent county) or employment (for non-residents).
- Background Checks (Sec. 2923.125): Sheriffs are required to conduct background checks, including through the law enforcement automated data system and the national instant criminal background check system (NICS), to determine if an applicant is eligible.
- Quote: “…the sheriff shall request from the federal bureau of investigation any criminal records it has pertaining to that individual.” (Lines 319-322)
- License Issuance and Renewal (Sec. 2923.125): Licenses are valid for five years. Renewal applications have different fee structures.
- License Suspension (Sec. 2923.128): A sheriff shall suspend a CHL if a licensee is arrested or charged with offenses listed in division (D)(1)(d) of 2923.125 (many of the disqualifying offenses), violates 2923.15 (improperly discharging a firearm), or becomes subject to a temporary protection order or substantially equivalent order from another state. Suspension also occurs upon conviction or guilty plea for certain misdemeanor violations related to firearms (2923.12(B)(2) or (4), 2923.16(E)(3) or (5)).
- Quote: “(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…” (Lines 1146-1154)
- License Revocation (Sec. 2923.128): A sheriff shall revoke a CHL if the licensee becomes ineligible based on several criteria, including being under 21, failing to meet initial eligibility requirements at the time of issuance, subsequent convictions for specific offenses (including 2923.15 and offenses listed in 2923.125(D)(1)(e)-(h)), becoming subject to an extreme risk protection order, knowingly carrying a concealed handgun in a prohibited place, or being adjudicated mentally incompetent or committed to a mental institution.
- Quote: “(B)(1) A sheriff who issues a concealed handgun license to a licensee shall revoke the license in accordance with division (B)(2) of this section upon becoming aware that the licensee satisfies any of the following: … (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…” (Lines 1231-1248, emphasis added)
- Temporary Emergency Licenses (Sec. 2923.1213): The bill provides for temporary emergency concealed handgun licenses based on “evidence of imminent danger,” such as a sworn statement or a written document from a government entity. The eligibility criteria for these temporary licenses largely mirror the standard CHL requirements. These licenses are valid for 90 days.
C. Having Weapons While Under Disability (Sec. 2923.13):
- This section lists categories of individuals prohibited from knowingly acquiring, having, carrying, or using any firearm or dangerous ordnance, including:
- Fugitives from justice.
- Those under indictment for or convicted of felony offenses of violence or equivalent juvenile adjudications.
- Those under indictment for or convicted of felony drug offenses or equivalent juvenile adjudications.
- Individuals with drug dependency, in danger of drug dependence, or with chronic alcoholism.
- Those under adjudication of mental incompetence, committed to a mental institution, found by a court to be a person with a mental illness subject to court order, or involuntary patients (with an exception for observation).
- Those found guilty of having a firearm while under extreme risk protection order disability. (Newly added prohibition)
- Quote: “(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.” (Lines 1611-1615, emphasis added)
- Violation of this section is a felony of the third degree.
D. Extreme Risk Protection Orders (ERPOs) (Secs. 2923.26 – 2923.30):
- Who Can Petition (Sec. 2923.26): Petitions for ERPOs can be filed by family or household members or a law enforcement officer.
- Grounds for Petition (Sec. 2923.26): The petition must include a statement under oath detailing specific statements, actions, or facts that give rise to a reasonable fear of future dangerous acts by the respondent, as well as an inventory of believed firearms and any relevant protection orders or pending legal actions.
- Quote: “…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…” (Lines 1665-1669)
- Court Considerations (Sec. 2923.26): The court will consider various factors when determining whether to issue an ERPO, including:
- Recent threats or acts of violence.
- Unlawful or reckless firearm use.
- History of force or stalking.
- Prior arrests for felonies or violent crimes.
- Corroborated evidence of substance abuse.
- Respondent’s ownership, access to, or intent to possess firearms.
- Ex Parte Orders (Sec. 2923.27): A petitioner can request an ex parte (without prior notice to the respondent) ERPO if they can demonstrate probable cause to believe the respondent poses an immediate and present danger of causing personal injury to themselves or others.
- Quote: “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 is held.” (Lines 1925-1930)
- Hearing and Duration (Sec. 2923.26, 2923.28): If an ex parte order is issued, a full hearing must be held within a specified timeframe (not detailed in the excerpt). A final ERPO can be issued for up to 180 days and can be renewed. Respondents have the right to request one hearing to terminate the order every 180-day period.
- Surrender of Firearms (Sec. 2923.28, 2923.29): Upon issuance of an ERPO (including ex parte), the respondent is required to immediately surrender all firearms and any concealed handgun license to law enforcement. Law enforcement can conduct searches for firearms under certain circumstances.
- Quote (Ex Parte Order Notice): “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.” (Lines 1964-1970)
- Entry into Databases (Sec. 2923.28): Law enforcement agencies serving ERPOs are required to enter them into NICS and other relevant state and federal databases to prevent prohibited individuals from purchasing firearms.
- Consequences of Violating an ERPO (Sec. 2923.99): Knowingly acquiring, having, carrying, or using a firearm while prohibited by an ERPO constitutes “having a firearm while under extreme risk protection order disability,” which is a misdemeanor of the third degree (with enhanced penalties for repeat offenses). Civil actions for damages are also possible for certain violations.
III. Repeal of Existing Sections:
- Section 2 of the bill explicitly repeals the existing versions of sections 109.57, 2923.125, 2923.128, 2923.1213, and 2923.13 of the Revised Code, indicating that the introduced language will replace the current statutes.
IV. Effective Date and Conflicting Amendments:
- Section 3 addresses the effective date of the new sections and specifies how amendments from other bills (H.B. 281 and S.B. 288 of the 134th General Assembly) will be reconciled if they conflict with the amendments proposed in this bill, generally favoring the language as presented in H.B. 46.
V. Conclusion:
Ohio House Bill 46 represents a significant effort to expand the circumstances under which individuals can be restricted from accessing firearms. The establishment of a legal framework for extreme risk protection orders is a central component of this bill, allowing for temporary firearm removal based on credible concerns of dangerous behavior. The bill also makes notable changes to the concealed handgun licensing process, particularly in relation to ERPOs and other disqualifying conditions. Understanding the specifics of these proposed amendments and new sections is crucial for assessing their potential impact on firearm ownership, public safety, and due process in Ohio.