I. Executive Summary:
Ohio House Bill 68 proposes amendments to sections 2923.123 and 2923.14 of the Revised Code. The primary changes involve:
- Allowing concealed handgun licensees to carry in certain buildings with courtrooms: Under specific conditions, licensed individuals would be permitted to carry handguns in government facilities (excluding courthouses) that house courtrooms, provided the court and clerk’s office are not operating and the governing body has a policy permitting such carry.
- Permitting nonresidents to seek firearm disability relief in Ohio: The bill would allow non-Ohio residents whose firearm disability stems from an Ohio conviction, guilty plea, or delinquent child adjudication to apply for relief in the Ohio county where the original case occurred.
II. Main Themes and Important Ideas/Facts:
A. Concealed Handguns in Buildings with Courtrooms (Amendment to Section 2923.123):
- Current Law: Existing law generally prohibits knowingly conveying or possessing deadly weapons or dangerous ordnance in a courthouse or another building or structure in which a courtroom is located.
- Quote: “(A) No person shall knowingly convey or attempt to convey a deadly weapon or dangerous ordnance into a courthouse or into another building or structure in which a courtroom is located. (B) No person shall knowingly possess or have under the person’s control a deadly weapon or dangerous ordnance in a courthouse or in another building or structure in which a courtroom is located.” (Lines 7-14)
- Proposed Change: HB 68 introduces an exception to this prohibition for concealed handgun licensees under specific circumstances.
- Quote: “(7) A person who conveys or attempts to convey a handgun into a building or structure in which a courtroom is located or possesses or has under the person’s control a handgun in a building or structure in which a courtroom is located, if the person has been issued a concealed handgun license that is valid at the time of the conveyance, attempted conveyance, possession, or control if all of the following apply: (a) The building or structure in which the courtroom is located is not a courthouse. (b) The building or structure in which the courtroom is located is a government facility of this state or a political subdivision of this state. (c) The court and the office of the clerk of the court are not in operation at the time of the conveyance, possession, or control. (d) The governing body with authority over the building or structure in which the courtroom is located has enacted a statute, ordinance, or policy that permits a concealed handgun licensee to convey, possess, or control a handgun into the building or structure in which the courtroom in located.” (Lines 86-97)
- Key Conditions for the Exception:The building must not be a courthouse.
- The building must be a government facility of the state or a political subdivision.
- The court and the clerk’s office must not be in operation at the time.
- The governing body with authority over the building must have enacted a statute, ordinance, or policy explicitly permitting concealed carry by licensees.
- Existing Exceptions Retained: The bill does not alter existing exceptions for judges, magistrates, peace officers, law enforcement officers, individuals carrying weapons as part of their official duties (with certain compliance requirements), those using weapons as evidence, bailiffs, prosecutors, and secret service officers (subject to certain limitations and Supreme Court or local court rules). The existing process for temporarily relinquishing a handgun to an officer in charge of a courthouse remains for those with concealed handgun licenses or active duty military with proper documentation entering a courthouse.
- Quote (Regarding the existing exception): “(6) Except as provided in division divisions (C)(7) and (E) of this section, a person who conveys or attempts to convey a handgun into a courthouse or into another building or structure in which a courtroom is located, if the person has been issued a concealed handgun license that is valid at the time of the conveyance or attempt…” (Lines 61-67)
- Supreme Court/Local Rules Prevail: Notably, the exemptions provided in division (C) (including the new one) do not apply if Supreme Court rules or applicable local rules prohibit the conveyance or possession of deadly weapons in such buildings.
- Quote: “(E) The exemptions described in divisions (C)(1), (2)(a), (2)(b), (4), (5), and (6) of this section do not apply to any judge, magistrate, peace officer… if a rule of superintendence or another type of rule adopted by the supreme court pursuant to Article IV, Ohio Constitution, or an applicable local rule of court prohibits all persons from conveying or attempting to convey a deadly weapon or dangerous ordnance into a courthouse or into another building or structure in which a courtroom is located…” (Lines 118-128)
- Penalties Unchanged: The penalties for illegal conveyance or possession of a deadly weapon in a courthouse remain felonies of the fifth degree, escalating to a felony of the fourth degree for repeat offenders.
B. Firearm Disability Relief for Nonresidents (Amendment to Section 2923.14):
- Current Law: Generally, individuals prohibited from possessing firearms can apply for relief in the court of common pleas of the county in which they reside.
- Quote: “(A)(1) Except as otherwise provided in division (A)(2) of this section, any person who is prohibited from acquiring, having, carrying, or using firearms may apply to the court of common pleas in the county in which the person resides specified in this division for relief from such prohibition.” (Lines 148-152)
- Proposed Change: HB 68 adds a provision allowing nonresidents of Ohio to apply for relief from firearm disability in Ohio under specific circumstances.
- Quote: “…or, if the person is not a resident of this state and the prohibition is based on an indictment, a conviction of or plea of guilty to an offense, or a delinquent child adjudication, in the county in which the indictment was entered or in which the conviction, guilty plea, or adjudication occurred.” (Lines 154-159)
- Conditions for Nonresident Application: A nonresident can apply for relief in the Ohio county where the underlying legal action (indictment, conviction, guilty plea, or delinquent child adjudication) that caused the firearm disability occurred.
- Application Process and Criteria Remain: The process for applying for relief, including the required information in the application, service on the county prosecutor, investigation, hearing, and the criteria for granting relief (discharge from sentence/release, law-abiding life, not otherwise prohibited), remain largely the same.
- Exceptions to Relief Application Retained: The bill retains the existing limitations on applying for relief for those convicted of or pleading guilty to a violation of section 2923.132 of the Revised Code (improperly discharging a firearm) or those with two or more felony convictions with certain firearm specifications.
III. Potential Implications and Considerations:
- Increased Carry in Government Buildings: The amendment regarding concealed carry could lead to more individuals carrying handguns in certain government facilities that house courtrooms, provided the specified conditions and local policies are met. This could raise security concerns for some and be seen as a Second Amendment rights enhancement by others.
- Local Control: The bill emphasizes local control by requiring the governing body of the facility to enact a policy permitting concealed carry. This allows for varied approaches across different jurisdictions.
- Administrative Burden: The requirement for governing bodies to create and enforce policies regarding concealed carry in their facilities could create an administrative burden.
- Access to Justice for Nonresidents: Allowing nonresidents to seek firearm disability relief in Ohio could provide a more convenient avenue for those whose disability originated in Ohio, potentially streamlining the process compared to seeking relief in their state of residence.
- Consistency and Enforcement: Ensuring consistent interpretation and enforcement of the new exceptions, particularly regarding local policies, will be crucial.
IV. Next Steps (As of Document Creation):
This document summarizes the bill as “Introduced.” The next steps in the legislative process would typically involve committee hearings, potential amendments, and votes in both the House and Senate.
V. Disclaimer:
This briefing document provides a summary and analysis of the provided source material. It is not a substitute for legal advice and should not be relied upon as a definitive interpretation of the law.