Ohio firearms transport/basic castle doctrine/ccw info

[RoamingRounds]

Info courtesy of the Ohio Attorney General. Revision date 09/2011

http://www.ohioattorneygeneral.gov/files/Publications/Publications-for-Law-Enforcement/Concealed-Carry-Publications/Concealed-Carry-Laws-Booklet


Dear Fellow Ohioan,
As Ohio's Attorney General, I am pleased to bring you this updated
publication summarizing our state's concealed carry laws.
Licenses to carry concealed handguns are an important part of the
responsible exercise of our fundamental rights.
I am committed to the comprehensive training of law enforcement
and the public regarding concealed carry laws, expansion of reciprocity
agreements with other states whenever possible, and protection of
the public.
I hope you find the information in this publication informative, and I
welcome your comments and suggestions.
Very respectfully yours,
Mike DeWine
Ohio Attorney General

Contents
Introduction ............................................................................................... 1
Training and Educational Requirements ................................................ 2
Training and Competency Certification
Temporary Emergency License
Minimum Educational Requirements
The Application Process .......................................................................... 6
Sheriff's Criteria for Issuing the License
Residency
Criminal Record
Mental Competency
Protection Orders
License Denials and Appeals
License Renewals and Competency Recertification
Duties that Accompany Holding
a Concealed Handgun License ............................................................... 12
Identification Required
Forbidden Carry Zones
Transporting in Motor Vehicles
Traffic Stops and Other Law Enforcement Encounters
Private Property and the Workplace
Signage
Concealed Carry by Law Enforcement
Reciprocity
Deadly Force ........................................................................................... 18
Criminal Issues
Civil Liability
Self-Defense
Castle Doctrine
Defense of Others
Conclusion: Self-Defense Issues
Defense of Property
Dispute Resolution ................................................................................. 24
Basic Forms of Dispute Resolution
Advantages of Alternative Dispute Resolution
The Ohio Commission on Dispute Resolution and
Conflict Management
Conclusion ............................................................................................... 26
Index ... 27


Introduction
As required by Ohio law, this publication broadly discusses several areas of
firearms law. This is neither a formal nor informal opinion of the Attorney
General; rather, it is a summary of prevailing firearms and self-defense laws
and may be updated without notice. It is not intended to be a substitute for
the advice of a lawyer or for common sense.
This publication is informational in nature and cannot cover all possible
scenarios regarding carrying concealed handguns. For the most recent
edition covering the most current laws, consult the Attorney General's
website at www.OhioAttorneyGeneral.gov.
There are many areas of Ohio law that impact your decision to be a
concealed carry licensee, and you should consult an attorney for specific
information. The Ohio Attorney General cannot provide legal advice to
anyone other than state agencies, officers, and employees.
In this publication, "CCW" stands for "carrying a concealed weapon" and
refers to the Ohio license to carry a concealed handgun pursuant to Ohio
Revised Code Section 2923.125. Also, sections of the Ohio Revised Code
-- the laws passed by the General Assembly -- are referenced with the
abbreviation "ORC" followed by the relevant code number. The Revised
Code is available online and also may be found at law libraries and some
public libraries. Citizens are encouraged to read the law themselves and use
this book as a guide.
Laws change!
For the most up-to-date information on carrying a concealed handgun,
visit the Attorney General's website at www.OhioAttorneyGeneral.gov.


Training and Educational Requirements
Training and Competency Certification
Before you obtain a license to carry a concealed handgun, you will need
proof of your competency certification. Competency can be established by
providing one of the following:
A certificate of completion of a firearms safety course that was offered by
or under the auspices of the National Rifle Association (NRA) containing
certain minimum educational requirements (See the section of this
publication titled, "Minimum Educational Requirements" for additional
information about the specific areas that must be covered in training.); or
A certificate of completion of a class that was open to the public that
used instructors approved by the NRA or Ohio Peace Officer Training
Commission (OPOTC), or approved instructors of another state and
was offered under the authority of a law enforcement agency of Ohio or
another state, college, or firearms training school that meets the minimum
educational requirements; or
A certificate of completion of a state, county, municipal, or Ohio
Department of Natural Resources (ODNR) peace officer training school
that is approved by the executive director of OPOTC that complies
with the law's training requirements and meets the minimum educational
requirements; or
A document that shows the applicant is an active or reserve member of
the armed forces, or was honorably discharged within the past six years,
or is a retired highway patrol trooper, or is a retired peace officer or
federal law enforcement officer and who, through the position, acquired
experience with handguns or other firearms that was equivalent to the
minimum educational requirements; or
A certificate of completion of a class not otherwise described in this
publication that was conducted by an instructor who was certified by an
official or entity of Ohio, another state, the United States government, or
the NRA that complies with the minimum educational requirements; or
An affidavit from a qualified instructor that attests to the applicant's
completion of a course that satisfied the minimum educational
requirements.

Statutory Reference(s): The types of competency certifications are described in ORC
2923.125(B)(3)(a)-(f).

Temporary Emergency License
The law allows for the issuance of an emergency license under
extraordinary circumstances. The law states that upon receipt of evidence
of imminent danger; a sworn affidavit; an application fee of $15, plus
the cost of either a BCI or FBI background check; and a set of applicant
fingerprints, a license will be issued. To determine the actual cost, consult
your county sheriff.
The sheriff must immediately conduct a criminal records check on the
applicant. The sheriff must determine whether the applicant is prohibited
from having a license and, if not, immediately issue the license.
1. Evidence of imminent danger must take two forms:
a. A sworn statement by the applicant that states he has reasonable
cause to fear a criminal attack upon himself or a member of his
family such as would justify a prudent person to arm himself; or
b. A written document from a government entity or public official
describing facts that give the person reasonable cause to fear such
a criminal attack. Such documents may include, but are not limited
to, temporary protection orders, civil protection orders, a protection
order of another state, a court order, and any report filed with or
made by a law enforcement agency or prosecutor.
2. The sworn affidavit must attest that the applicant is a legal resident of
the United States, at least 21 years of age, not a fugitive from justice, is
not under indictment or charged with a crime, and has not been convicted
of disqualifying crimes listed in ORC 2923.125(D)(1) and discussed under the
"Application Process" section of this publication.
If the applicant has been convicted of or pleaded guilty to a disqualifying
offense and the court has ordered the sealing of the records of that
offense, that offense(s) shall not be relevant for purposes of the sworn
affidavit.

The temporary emergency license lasts for 90 days and may be renewed
only once every four years. If you wish to have your license last longer, you
must apply for the license through the normal process.
Statutory References: ORC 2923.1213 allows sheriffs to issue emergency licenses when there is evidence of imminent danger to the applicant. ORC 2923.1213(B)(3) does not allow sheriffs to consider court-ordered sealed records for purposes of the sworn affidavit.
To obtain a temporary emergency license, visit your local sheriff 's office or download the form at www.OhioAttorneyGeneral.gov.

Minimum Educational Requirements
The Attorney General does not endorse any particular form of training
or instructor. However, a list of instructors certified by the Ohio Peace
Officer Training Commission (OPOTC) who wish to teach classes to
the general public is available on the Attorney General's website at www.
OhioAttorneyGeneral.gov. County sheriffs also may have a list of
certified instructors who have provided contact information to the sheriff.
The law sets out minimum educational requirements that are a component
of the various forms of competency certification as set forth on page 2.
The total time required for training is 12 hours: 10 hours of instruction and
another two hours of experience shooting a handgun.
The law requires at least 10 hours of certified training in the following
matters:
• The ability to name, explain, and demonstrate the rules for safe
handling of a handgun and proper storage practices for handguns
and ammunition;
• The ability to demonstrate and explain how to handle ammunition
in a safe manner;
• The ability to demonstrate the knowledge, skills, and attitude
necessary to shoot a handgun in a safe manner;
• Gun-handling training.
Additionally, you must have two hours of practical training, including
range time and live-fire experience. The applicant also must complete an
examination that tests his competency. The test must include a written
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. Additionally, the exam must include a physical demonstration
of competency on handgun usage and rules for safe handling and storage
of a handgun. It also must require a physical demonstration of the attitude
necessary to shoot a handgun in a safe manner.
As part of the training, applicants also must receive and certify that they
have reviewed a copy of this publication.
As an advisory to consumers, the Attorney General recommends anyone
contemplating private handgun training take the following minimum steps
before paying for any form of training:
• Verify the person teaching the class is qualified to teach.
• Confirm the instructor knows the requirements of the law.
• Be certain the instructor will provide you with this publication.
• Verify whether a refund or additional training may be available if
a county sheriff determines, when you apply for a license, that the
course did not meet the law's requirements.
Statutory Reference(s): ORC 2923.125(G)(1) requires that all applicants be given a copy of this publication by their trainer.
ORC 2923.125(G)(1)(a) sets out the minimum educational requirements necessary to receive competency certification.
ORC 2923.125(G)(1)(b) describes the minimum amount of range and live-fire
experience required to receive competency certification.
ORC 2923.125(G)(2) requires that applicants take and pass a written examination.


The Application Process
To begin the application process, you must apply to the sheriff in the
county where you reside or an adjoining county. Before you apply with your
local sheriff, call ahead to determine the times applications are accepted and
confirm what documentation may be necessary.
The sheriff must accept applications and supporting documents for temporary
emergency licenses during normal business hours. The sheriff must provide
application forms and accept license applications and supporting documents
for regular licenses at least 15 hours each week. The sheriff shall post a notice
of the hours during which the sheriff is available to accept applications or to
provide information about the licensing process.
The sheriff must provide you with this publication and application form at
no charge. You must pay a fee, which will vary depending on the background
check the sheriff must conduct. The minimum fee for a background
check and license is $67. You must provide evidence of your competency
certification as described above and certify that you have read this publication.
Applicants also must submit their fingerprints, which are necessary to
conduct the background check.
The applicant must state whether he has a concealed handgun license that
is currently suspended and whether or not he has previously applied for
a concealed handgun license. If the applicant has previously applied for a
license, the applicant must provide the name of the county in which the
application was made.
All licenses issued or renewed on or after March 14, 2007, expire five years
after the issue date.

Statutory Reference(s): Under ORC 2923.125(A), the sheriff must provide you with this publication and application form at no charge.
ORC 2923.125(B)(4) requires that applicants certify that they have read this
publication.
ORC 2923.125(B)(1)(a) states applicants must pay an application fee that will vary based on the type of background check required and sets the minimum fee at $67.
ORC 2923.125(B)(2) requires applicants to provide a color photograph taken
within 30 days of the application date. However, some sheriffs' offices may take these photographs themselves.
ORC 2923.125(B)(3) requires that applicants submit proof of competency at the time of the application.
ORC 2923.125(B)(5) requires applicants submit to fingerprinting necessary to conduct a background check.


Sheriff's Criteria for Issuing the License
Residency
You must be a legal resident of the United States and an Ohio resident for
45 days before you apply for your license. You must be a resident of the
county (or adjoining county) where you apply for at least 30 days. You also
must be at least 21 years of age and not a fugitive from justice.
Residency for Members of the Armed Forces
You are considered an Ohio resident for purposes of obtaining and
renewing a license to carry a concealed handgun if you are absent from the
country, Ohio, or an Ohio county while complying with military or naval
orders as an active or reserve member of the armed forces of the United
States. Prior to leaving this state in compliance with those orders, you must
be legally living in the United States and be a resident of this state. Solely
by reason of that absence, you are not considered to have lost your status
as living in the United States or your residence in this state or in the county
in which you were a resident prior to leaving this state in compliance with
those orders. This is without regard to whether or not you intend to return
to this state or to your county. You shall not be considered to have acquired
a residence in any other state and shall not be considered to have become a
resident of any other state.
If you are present in this state in compliance with military or naval orders as
an active or reserve member of the armed forces of the United States for at
least 45 days, you are considered to have been a resident of this state for at
least 45 days. If you are present in a county of this state in compliance with
military or naval orders as an active or reserve member of the armed forces
of the United States for at least 30 days, you shall be considered to have
been a resident of that county for at least 30 days.
Statutory Reference: ORC 2923.125(D)(1)(i)-(ii) allows persons deployed in the
military to obtain Ohio concealed carry licenses under certain conditions.

Criminal Record
Prior to obtaining your license, you must provide the sheriff with complete
information about your background. There are many criminal offenses that
bar you from obtaining a license. There are many laws and conditions that
prohibit you from owning a handgun. If you have questions about specifics,
you should consult an attorney.


The law states that you must not be under indictment, be charged with, or
convicted of any felony. You also must not be under indictment, charged
with, or convicted of an offense that involves trafficking in drugs, a
misdemeanor offense of violence, or negligent assault. You may not obtain
a license if you have been charged with falsification of a concealed handgun
license.
In addition, you must not have been convicted, pleaded guilty, or been
adjudicated as delinquent in connection with a crime that involves the illegal
use, sale, possession, administration, distribution, or trafficking of a drug of
abuse. You cannot have been convicted, pleaded guilty, or been adjudicated
as delinquent for assaulting a peace officer. You must not, within three
years of your application, have been convicted, pleaded guilty, or been
adjudicated as delinquent in connection with a misdemeanor offense of
violence against a peace officer.
You must not have been convicted, pleaded guilty, or been adjudicated as
delinquent in connection with two or more assaults or negligent assaults
within five years of your application. You must not have been convicted,
pleaded guilty, or adjudicated as delinquent in connection with resisting
arrest within 10 years of your application. If you are charged with an
offense during the application process, the sheriff can suspend your
application until your case is resolved.
The sheriff shall not consider the conviction, guilty plea, or adjudication of
an applicant's sealed records even if those sealed offenses would otherwise
disqualify an applicant. If you have questions about sealed criminal records,
consult an attorney.

Mental Competency
The law states that you must not have been adjudicated as a mental
defective, committed to any mental institution, under a current adjudication
of incompetence, found by a court to be mentally ill subject to
hospitalization by court order, or an involuntary patient other than one who
is a patient only for purposes of observation.


Protection Orders
You must not be subject to a civil protection order or a temporary
protection order of an Ohio court or a similar protection order issued by
another state. For additional information on civil and temporary protection
orders, consult an attorney.
As long as you meet the law's requirements, the sheriff must issue a
concealed handgun license within 45 days of receiving your properly
completed application. The license lasts for five years.
Statutory Reference(s): The criminal offenses that bar a citizen from receiving a concealed carry license are listed in ORC 2923.125(D)(1)(a)-(h).
ORC 2923.125(D)(3) allows a sheriff to suspend the processing of an application if a pending criminal case is outstanding against an applicant.
ORC 2923.125(D)(5) prohibits sheriffs from considering the conviction, guilty plea, or adjudication of an applicant's sealed records.
ORC 2923.125(D)(1)(i)-(j) lists the mental competency and protection order issues that can cause the denial of an application.
ORC 2923.13 lists the disabilities that prohibit you from having a firearm.

License Denials and Appeals
If the sheriff denies your license, he must inform you of the grounds for
denial in writing. If the denial was the result of a criminal records check
and you wish to appeal the decision, you may appeal the denial through
an in-house procedure with the sheriff or through the Ohio Bureau of
Criminal Identification and Investigation (BCI) to resolve the problem. The
sheriff 's denial of a temporary emergency license also must be in writing
and can be appealed.
Statutory Reference(s): If your application is denied, the sheriff must inform you of the grounds for denial in writing under ORC 2923.125(D)(2)(b).
ORC 2923.127 requires sheriffs to set up an appeals process for applicants who wish to contest the denial.
License Renewals and Competency Recertification
Concealed carry licenses issued before March 14, 2007, expired four years
after issuance. Licenses issued or renewed after that date expire five years
after the date of issuance or renewal.
If you wish to renew your license, you may do so 90 days before the license
expires. You should renew as early as possible.

You must file a renewal application with the sheriff 's office, certify
that you have read this publication, and pay a nonrefundable fee. A
printed copy is not needed; you may read the online version at www.
OhioAttorneyGeneral.gov/CCWManual.
In order to renew your license for the first time, you must submit proof
of competency certification. Proof of certification may take either of the
following forms:
1. A previously issued Ohio concealed carry license. The license may be
either expired or currently valid.
2. A competency certificate from your instructor. There is no longer a
time limit from the day you completed your class to the time of your
first renewal.
If you have previously renewed your license and are renewing for a second
time, you need to present proof of renewed competency certification. The
renewed competency certification must attest that you are range competent.
To obtain a renewed competency certification, you do not need to attend
the entire course, class, or program that you initially took to obtain your
license. The renewed competency certification must be dated and signed by
an instructor. It must attest that you are range competent.
Statutory Reference: ORC 2923.125(F) and (G) describe the procedure and necessary materials to renew a concealed carry license.


Duties that Accompany Holding a Concealed
Handgun License
Do not take your handgun with you when you apply for your license
at your local sheriff's office.
The ability to have a firearm carries with it certain restrictions and
responsibilities, many of which are regulated by state and federal laws.
The explanation in this publication of laws regulating carrying a handgun is
not an exhaustive list. If you have questions, consult an attorney.

Identification Required
You must carry another piece of valid government identification in addition
to the handgun license.

Forbidden Carry Zones
The law sets forth several places where your license does not allow you to
carry a handgun. Under the law, you may not carry a concealed handgun
into the following places:
• Police stations
• Sheriffs' offices
• Highway Patrol posts
• Premises controlled by BCI
• Correctional institutions or other detention facilities
• Airport terminals or airplanes
• Facilities for the care of mentally ill persons
• Courthouses or buildings in which a courtroom is located
• Universities, unless locked in a motor vehicle or in the process of
being locked in a motor vehicle
• Places of worship, unless the place of worship permits otherwise
• Child day-care centers
• Licensed Class D liquor permit premises if you are consuming beer or
intoxicating liquor or are under the influence. If you are not
consuming, you may carry unless there is a conspicuous
sign prohibiting carry.
Possession of a concealed firearm is allowed in a retail store
with a D-6 or D-8 permit as long as the concealed carry license
holder is not consuming liquor. Class D permits are generally issued
to an establishment that sells alcohol for consumption on the
premises. In any event, do not consume beer or intoxicating
liquor before carrying a concealed handgun into a licensed
premises.
• Government facilities that are not used primarily as a shelter,
restroom, parking facility for motor vehicles, or rest facility and are
not a courthouse or a building or structure in which a courtroom is
located
• School safety zones
A "school safety zone" includes a school, school building, school
premises, school activity, and school bus. For purposes of this statute, a
school includes everything up to the property boundary.
If you are licensed to carry a concealed handgun, you may carry a handgun
into a school safety zone only if you do not enter a school building, school
premises, or school activity. You also must not be in one of the places listed
in ORC 2923.126(B). You may be in a motor vehicle and immediately in the
process of picking up or dropping off a child. You also must comply with
all other laws governing the transportation of firearms in a motor vehicle.

Transporting in Motor Vehicles
The transportation in motor vehicles of loaded, concealed handguns by
licensed permit holders is permitted. You may not have a loaded handgun
in the vehicle if you are under the influence of drugs or alcohol.
Motorcycles fall under the definition of motor vehicles. Thus, the same
requirements apply to licensees who carry a handgun while on a motorcycle.


Traffic Stops and Other Law Enforcement Encounters
If a person is stopped for a law enforcement purpose and is carrying a
concealed handgun as a CCW licensee, whether in a motor vehicle or not,
he shall inform the law enforcement officer that he is carrying a concealed
handgun. If in a vehicle, the licensee shall remain in the vehicle and
keep his hands in plain sight at all times. Violating this section of law
is a first-degree misdemeanor, and in addition to any other penalty
handed down by a court, may result in the suspension of the person's
concealed handgun license for one year.
NOTE: So far, the Ohio Supreme Court has not defined the term "plain
sight" precisely in the context of carrying a concealed handgun. However,
in other contexts, courts have generally said that the term "plain sight" is
a common-sense term that means clearly visible or unobstructed.
If a person is stopped for a law enforcement purpose and is carrying a
concealed handgun as a CCW licensee, whether in a motor vehicle or not,
he shall not have or attempt to have any contact with the handgun, unless
in accordance with directions given by a law enforcement officer. Violating
this law is a felony and may result in permanent loss of the person's
concealed handgun license.
If a person is stopped for a law enforcement purpose and is carrying a
concealed handgun as a CCW licensee, whether in a motor vehicle or not,
he shall not knowingly disregard or fail to comply with any lawful order
given by any law enforcement officer. Violating this law is a first-degree
misdemeanor and may result in the suspension of the person's
concealed handgun license for two years.
However, if at the time of the stop the law enforcement officer or an
employee of a motor carrier enforcement unit who made the stop had actual
knowledge that the licensee has had a CCW license, then the person's CCW
license shall not be suspended for a violation of ORC 2923.16(E)(3). The
CCW licensee's violation will be considered a minor misdemeanor.
If the CCW licensee surrenders the firearm, then the following applies:
• If the firearm is not returned at the completion of the stop, the
law enforcement officer is required to return the firearm in "the
condition it was in when it was seized."

• If a court orders the firearm's return and the firearm has not been
returned to the licensee, the CCW licensee can claim reasonable
costs and attorney fees for the loss and the cost of claiming the
firearm.
WARNING:
As of Sept. 30, 2011, concealed handgun licensees are no longer required
to carry handguns in any particular manner in a motor vehicle. However,
you should carry it safely and securely. The handgun should be carried so
it is not accessible to unauthorized persons. If you are planning on carrying
a concealed handgun while driving, have your concealed carry license and
another piece of valid government identification in your possession.
If you are pulled over while carrying a concealed handgun, you should
remember the following:
• Before the officer approaches, roll down your window and place your
hands in plain view on the steering wheel.
• Calmly tell the officer that you have a license to carry a concealed
handgun and that you have a handgun with you. Ask if the officer has
particular instructions concerning the handgun.
• Do not touch or attempt to touch your handgun unless specifically told
to by the officer.
• Do not exit your vehicle unless specifically told to by the officer.
• Comply with all lawful orders given by the officer.
If you are a licensee and are not carrying a concealed handgun, this section
does not apply to you.
In addition to the concealed carry prohibitions detailed above, Ohio has
strict laws concerning firearms in a vehicle. If you do not have a concealed
handgun license, you may not transport a loaded handgun in any manner
where it is accessible to anyone inside the vehicle without leaving the
vehicle. If you do not have a license, you may not transport a firearm in a
vehicle unless it is unloaded and carried in one of the following ways:
• In a closed package, box or case;
• In a compartment that can be reached only by leaving the vehicle;
• In plain sight and secured in a rack or holder made for that
purpose; or
• If it is a firearm at least 24 inches in overall length and if
the barrel is at least 18 inches in length, it must be in plain sight with
the action open or the firearm must be stripped. If the firearm is of a
type in which the action will not stay open or cannot easily be stripped,
it must be in plain sight.
Statutory Reference(s): ORC 2923.16(E) governs how licensees may transport loaded concealed handguns in motor vehicles.
ORC 2923.16(B) and (C) govern how firearms must be otherwise transported in a
vehicle.

Private Property and the Workplace
Under the law, private employers may, but are not required to, prohibit the
presence of firearms on their property or in motor vehicles owned by the
employer. You should make yourself aware of your employer's policies
before you go to work with a handgun. In addition, the owner or person in
control of private land or premises or person leasing land or premises from
the government may post a sign in a conspicuous location that prohibits
persons from carrying firearms or concealed handguns.
Ohio law provides that a person who knowingly violates a posted
prohibition of a parking lot or other parking facility is not guilty of criminal
trespass but is liable for a civil cause of action for trespass. Furthermore, a
landlord may not prohibit or restrict a tenant with a concealed carry license
from lawfully carrying or possessing a handgun on residential premises.

Signage
The law does not say precisely what language must be on the sign. At a
minimum, signs must be conspicuous and inform people that firearms and/
or concealed handguns are prohibited. However, the law suggests that the
prohibited locations post a sign that substantially says the following:
Unless otherwise authorized by law, pursuant to the Ohio Revised Code, no person
shall knowingly possess, have under his control, convey, or attempt to convey a deadly handgun or dangerous ordnance onto these premises.

An example of a standard warning sign approved for use on state buildings
appears below. If you see this sign, it means that you cannot bring your
concealed handgun inside. Businesses and persons wishing to post such
signs are strongly advised to consult their legal counsel for language, style,
format, and placement.

Concealed Carry by Law Enforcement
Federal law (HR 218) permits active and retired law enforcement officers,
under specific circumstances, to carry a concealed firearm. This publication
does not address issues related to HR 218. If you are an active or retired
law enforcement officer and have questions about HR 218, consult an
attorney.

Reciprocity
Ohio has agreements with other states to recognize one another's concealed
handgun licenses. Consult the Attorney General's website for the most
recent list of agreements. Be aware the laws of the other state apply to you
when you are in that state.

Open Carry
Ohio's concealed carry laws do not regulate "open" carry of firearms. If
you openly carry, use caution. The open carry of firearms is a legal activity
in Ohio.

The sign is available to download from the Attorney General's website at
www.OhioAttorneyGeneral.gov at no charge.


Statutory Reference(s): ORC 2923.126(C) allows private employers to prohibit the
presence of firearms on their property or in motor vehicles owned by the employer.
ORC 2923.126(C)(3) allows the owner or person in control of private land to post a sign in a conspicuous place that prohibits persons from carrying concealed firearms on that property.

Deadly Force
Introduction
Ohio law specifically sets forth that a handgun is a deadly weapon capable
of causing death. The license to carry a concealed handgun comes with the
responsibility of being familiar with the law regarding use of deadly force.
This publication is designed to provide general information only. It is not to
be used as authority on legal issues or as advice to address specific situations.
In Ohio, deadly force can be used only to prevent serious bodily harm or
death. Deadly force can never be used to protect property only. Depending
on the specific facts and circumstances of the situation, use of deadly force
may lead to criminal charges and/or civil liability.

Criminal Issues
If law enforcement and prosecutors determine that a person's use of
deadly force is not justified, criminal charges may be pursued. In a situation
in which the victim is injured by the conduct of a CCW licensee using a
handgun, the licensee can be charged with assault crimes, including -- but
not limited to -- felonious assault, aggravated assault, or attempted murder.
If the victim is killed as a result of a CCW licensee's use of a firearm, the
licensee can be charged with homicide crimes, such as reckless homicide,
voluntary manslaughter, murder, or aggravated murder. (This list does not
include all crimes that may apply.) If the accused licensee is convicted, he
will be sentenced to a term of incarceration by a judge, according to the law.
Statutory Reference(s): Title 29 of the Ohio Revised Code defines the charges that could result when the use of deadly force is not justified.

Civil Liability
Even if the situation does not lead to criminal charges or result in a
criminal conviction, the licensee may still face civil liability. The victim or
his survivors could sue the licensee for the harm from the licensee's use of
deadly force. A "wrongful death" lawsuit or "tort action" is a common legal
action for money damages. A civil action does not involve a criminal penalty
such as incarceration, but both a criminal and civil case can be brought
based on the same incident.
In any civil case, the victim or his survivors must prove it is more probable
than not that the licensee's use of force was inappropriate or excessive
and it caused the victim's injuries or death. If this is proven, the victim
or his survivors may be entitled to recover money from the licensee as
punishment and/or compensation.
The law requires the force used be reasonable and necessary to prevent
the danger. So even if the victim was wrong and caused the situation, if
the force was inappropriate or excessive for the particular situation, the
defendant risks criminal and/or civil punishment.
Although self-defense is an affirmative defense, a licensee may assert against
civil liability, the licensee might still be required to compensate the victim if
the force used was excessive and unnecessary.

Self-Defense
Depending on the specific facts of the situation, an accused person may
claim that use of deadly force was justified to excuse his actions, which
would otherwise be a crime. Self-defense or the defense of another is an
affirmative defense that an accused may assert against a criminal charge for
an assault or homicide offense.
The term "affirmative defense" means the accused, not the prosecutor,
must prove by a preponderance of the evidence that he acted in selfdefense
or in defense of another. In other words, the defendant must prove
that it is more probable than not that his use of deadly force was necessary
due to the circumstances of the situation.
Whether this affirmative defense applies to the situation or whether it will
likely succeed against criminal charges depends heavily on the specific
facts and circumstances of each situation. The Ohio Supreme Court has
explained that a defendant must prove three conditions to establish that he
acted in defense of himself or another.
Condition 1: Defendant Is Not At Fault
First, the defendant must prove that he was not at fault for creating the
situation. The defendant cannot be the first aggressor or initiator.
However, in proving the victim's fault, a defendant cannot point to other
unrelated situations in which the victim was the aggressor. Remember, the
focus is on the specific facts of the situation at hand.
If you escalate a confrontation by throwing the first punch, attacking, or
drawing your handgun, you are the aggressor. Most likely in this situation,
you cannot legitimately claim self-defense nor would you likely succeed in
proving your affirmative defense.
Condition 2: Reasonable and Honest Belief of Danger
Second, the defendant must prove that, at the time, he had a real belief
that he was in immediate danger of death or great bodily harm and that
his use of deadly force was the only way to escape that danger. Bear in
mind that deadly force may only be used to protect against serious bodily
harm or death. The key word is "serious."
In deciding whether the bodily harm was serious, the judge or jury can
consider how the victim attacked the defendant, any weapon the victim
had, and how he used it against the defendant. Minor bruises or bumps
from a scuffle probably do not meet the legal definition of "serious." In
court cases, rape has been determined to be serious bodily harm, as has
being attacked with scissors. Serious bodily harm also may result from
being struck with an object that can cause damage, such as a baseball bat
or a wooden club.
The defendant's belief that he is in immediate serious danger is
important. The defendant's belief must be reasonable, not purely
speculative. In deciding if the belief was reasonable and honest, the judge
or jury will envision themselves standing in the defendant's shoes and
consider his physical characteristics, emotional state, mental status, and
knowledge; the victim's actions and words; and all other facts regarding
the encounter. The victim must have acted in a threatening manner.
Words alone, regardless of how abusive or provoking, or threats of future
harm ("I'm going to kill you tomorrow") do not justify the use of deadly
force.
Condition 3: Duty to Retreat
A defendant must show that he did not have a duty to retreat or avoid the
danger. A person must retreat or avoid danger by leaving or voicing his
intention to leave and ending his participation in the confrontation.
If one person retreats and the other continues to fight, the person who
left the confrontation may later be justified in using deadly force when he
can prove all three conditions of self-defense existed. You should always
try to retreat from a confrontation before using deadly force if retreating
does not endanger yourself or others.
If the person can escape danger by means such as leaving or using less than
deadly force, he must use those means. If you have no means to escape
the other person's attack and you reasonably, honestly believe that you are
about to be killed or receive serious bodily harm, you may be able to use
deadly force if that is the only way for you to escape that danger.

'Castle Doctrine'
"Castle Doctrine" generally encompasses the idea that a person does not
have a duty to retreat from the residence he lawfully occupies before using
force in self-defense or defense of another. Additionally, there is no duty
to retreat if a person is lawfully in his vehicle or is lawfully an occupant in a
vehicle owned by an immediate family member of that person.
However, being a lawful occupant of a residence or vehicle is not a license
to use deadly force against an attacker. The person who is attacked, without
fault of his own, may use deadly force only if he reasonably and honestly
believed that deadly force was necessary to prevent serious bodily harm
or death. If the person does not have this belief, he should not use deadly
force. Again, if it does not put your life or the life of others in danger, you
should withdraw from the confrontation if it is safe for you to do so.
The law presumes you to have acted in self-defense or defense of another
when using deadly force if the victim had unlawfully and without privilege
entered or was in the process of entering the residence or vehicle you
occupy. The presumption does not apply if the defendant was unlawfully in
that residence or vehicle. The presumption does not apply if the victim had
a right to be in, or was a lawful resident of, the residence or vehicle.
The presumption of self-defense is a rebuttable presumption. The term
"rebuttable presumption" means the prosecutor, and not the defendant,
carries the burden of producing evidence contrary to the facts that the
law presumes. However, a rebuttable presumption does not relieve the
defendant of the burden of proof. If the prosecutor provides sufficient
evidence to prove that the defendant created the confrontation or that the
use of deadly force was not reasonably necessary to prevent death or great
bodily harm, then the presumption of self-defense no longer exists.
Statutory Reference(s): ORC 2901.05 sets forth the rebuttable presumption.
ORC 2901.09(B) establishes that there is no duty to retreat before using force if a
person is a lawful occupant of his vehicle or a lawful occupant in a vehicle owned by an immediate family member.

Defense of Others
A person may defend another only if the protected person would have
had the right to use deadly force in self-defense himself. Under Ohio law, a
person may defend family members, friends, or strangers. However, just as
if he were protecting himself, a person cannot use any more force than is
reasonable and necessary to prevent the harm threatened.
A defendant who claims he used deadly force to protect another has
to prove that he reasonably and honestly believed that the person he
protected was in immediate danger of serious bodily harm or death and
that deadly force was the only way to protect the person from that danger.
Furthermore, the defendant also must show that the protected person was
not at fault for creating the situation and did not have a duty to leave or
avoid the situation.
WARNING: The law specifically discourages citizens from taking
matters into their own hands and acting as law enforcement.
This is true even if you think you are performing a good deed
by protecting someone or helping law enforcement. The Ohio
Supreme Court has ruled that a person risks criminal charges if
he interferes in a struggle and protects the person who was at
fault, even if he mistakenly believed that person did not create
the situation.
In other words, if you misinterpret a situation and interfere, you may
face criminal charges because your use of deadly force is not justified. If
you do not know all the facts and interfere, you will not be justified to
use force. It does not matter that you mistakenly believed another was in
danger and not at fault.
Of greater concern than risking criminal charges is the fact that you
may be putting yourself and others in danger. If you use your handgun
to interfere in a situation and an officer arrives on the scene, the officer
will not be able to tell if you are the criminal or if you are the Good
Samaritan.
Ohio law does not encourage vigilantism. A license to carry a concealed
handgun does not deputize you as a law enforcement agent. Officers
are trained to protect members of the community, handle all types
of situations, and enforce the law. Do not allow the license to carry a
concealed handgun to give you a false sense of security or empowerment.
Let law enforcement officers do their job. If you want to be a Good
Samaritan, call the police.

Conclusion: Self-Defense Issues
If the defendant fails to prove any one of the three conditions for selfdefense
or defense of another, he fails to justify his use of deadly force. If
the presumptions of deadly force in the home or vehicle are removed and
the defendant is unable to prove that he did not create the situation or that
the use of deadly force was reasonably necessary, he fails to justify his use
of deadly force. Under either condition, if convicted, an individual will be
sentenced accordingly.

Defense of Property
There must be immediate threat of serious bodily harm or death in order
to use deadly force. Protecting property alone does not allow for the use of
deadly force. A property owner may use reasonable, but never deadly, force
when he honestly believes that the force will protect his property from
harm.
If a person's property is being attacked or threatened, he may not use
deadly force unless he reasonably believes it was the only way to protect
himself or another from being killed or receiving serious bodily harm.
Deadly force can never be used solely to protect property no matter where
the threat to the property occurs.

Conclusion
A license to carry a concealed handgun does not bring with it the automatic
right to use deadly force. The appropriateness of using any force depends
on the specific facts of each and every situation.

Dispute Resolution
Introduction
Because of the serious consequences inherent with the use of deadly force,
it should always be a last option for resolving a problem. If you have a
problem, you should consider other ways of resolving the problem first.
Ohioans have many different options for settling disputes outside the
traditional judicial arena in quick, equitable, and most importantly, legal
manners that do not require force.
Broadly termed "alternative dispute resolution" (ADR), these methods
recognize that for many people, the judicial process is time-consuming and
cumbersome, possibly expensive, and often confusing. Instead of giving
citizens the choice of taking a matter to court or into their own hands for
satisfaction, ADR offers a third way that has overwhelmingly been shown to
be successful in ending disputes of all types. These choices include mediation,
arbitration, conciliation, and negotiation.
Basic Forms of Dispute Resolution
ADR spans a spectrum of methods, each more formalized and binding
than the last.
The most obvious form of ADR is avoidance. This "like it or lump
it" response to a dispute is often the hardest to accept, as it means
surrendering one's own choice in favor of someone else's. Depending on
the issue, avoidance may not be possible.
If one cannot avoid a conflict, discussion is often the next best way to solve
a dispute. Direct talks often result in an acceptable solution that ends in
conciliation and defused tension. Sometimes, however, the best way to solve
a conflict using discussion is to have negotiation through agents. In simple
conflicts, these agents can be friends, relatives, a counselor, or religious
advisor. Other times, agents can include formal, recognized officials such as
labor or management representatives, or attorneys.
Formal alternative dispute resolution often involves a neutral third party
whose advice and decision may have binding effect on the participants.
The least binding form of third-party intervention is involvement of an
ombudsman.

An ombudsman is most frequently found within a company or large
organization and may be empowered to facilitate consumer complaints
or employee disputes. While compensated by the organization, the
ombudsman is normally answerable only to the most upper-level
management or to the board of directors and is engaged to be as neutral
and fair as possible. An ombudsman is generally empowered to talk to
anyone, uncover facts, and make a recommendation to senior management
within an organization.
Another, more involved form of negotiated settlement is mediation. This
method of ADR is appropriate when the various sides wish to preserve
a relationship or terminate it with the least amount of ill will. Mediation
involves negotiation in which a neutral mediator guides the process.
Mediation does not force compromise, and parties are expected to reach an
agreement only if they are convinced such an agreement is reasonable.
When negotiations fail, the parties can opt to try arbitration, in which a
neutral arbitrator is given authority by the parties to impose a settlement
after each side presents its "case." The arbitrator renders a decision that can
be binding or non-binding upon the parties. Non-binding decisions may
provide a guide for the parties to reach a settlement or to give insight into
the possible outcome of more traditional litigation. Many contracts require
signers to choose arbitration as a prerequisite to a lawsuit.
Should arbitration not be an option, or if the non-binding result does not lead
to a settlement, the parties can still engage in alternatives to the traditional
courtroom trial. These alternatives almost always require legal counsel and are
more complex than the extra-judicial remedies listed here.
Advantages of Alternative Dispute Resolution
Besides the faster timeline and usually lower cost, alternative dispute
resolution has a number of strengths that may make it a better choice in
some disagreements. ADR allows for a much broader range of equitable
solutions, provides for more direct participation by the parties in the
settlement of their disputes, increases the likelihood of uncovering the
underlying problems that led to the disagreement, and has a greater
chance of creating agreements that both sides will adhere to. By reaching a
settlement through consensus rather than by judicial decision, participants
in ADR have told researchers that they feel more empowered, their
emotional concerns as well as their legal or financial positions had been
acknowledged, and their belief in the legal system had improved.
Ohio Commission on Dispute Resolution and Conflict Management
The state of Ohio, recognizing ADR has an important role in conflict
resolution, created the Ohio Commission on Dispute Resolution and
Conflict Management to promote and strengthen the state's ADR policy.
Established in 1989, the commission provides Ohioans with forums,
processes, and techniques for resolving disputes. The commission
provides dispute resolution and conflict management training, consultation
and technical assistance in designing dispute resolution programs, and
facilitation and mediation services.
The information contained in this section should not be construed as legal
advice. It is not an endorsement of ADR over traditional forms of legal
remedies, and readers are cautioned that any questions about their rights
should be discussed with an attorney prior to engaging in legal action of
any type.
For more information on alternative dispute resolution, contact:
Ohio Commission on Dispute Resolution and Conflict Management
Riffe Center
77 S. High St., 24th Floor
Columbus, OH 43215-6108
Phone: 614-752-9595
Fax: 614-752-9682
www.disputeresolution.ohio.gov

Conclusion
This publication is intended to provide you with information regarding
Ohio's concealed carry law. The Office of the Attorney General will
continue to work closely with the legislature and law enforcement with a
common goal of helping to ensure a safe, efficient licensing process for
Ohioans.


Index
A
affidavit 2-4
affirmative defense 19-20
airport 12
alcohol 12-13
application fee 3, 7
application process 3, 6, 9
arbitration 24-25
armed forces 2, 8
B
background check 3, 6-7
belief of danger 20
C
castle doctrine 21
competency 2-7, 10-11
conciliation 24
correctional institutions 12
courthouses 12
criminal record 3, 8-10
D
day-care 12
deadly force 18-24
deadly weapon 18
defense of others 22
defense of property 23
Department of Natural Resources 2
dispute resolution 24-26
D permit 12
duty to retreat 20-22
E
educational requirements 2, 4-5
expire 6, 10-11
F
felony 9, 14
fingerprints 3, 6
forbidden carry zones 12
H
Highway Patrol 2, 12
hospitalization 9
HR 218 17
I
imminent danger 3-4
L
landlord 16
law enforcement 2-3, 14, 17-18,
22-23, 26
license denials 10
liquor 12-13
M
mediation 24-26
mental competency 9-10
minimum educational requirements
2, 4-5
misdemeanor 9, 14
motorcycles 13
motor vehicles 13, 16, 18
N
National Rifle Association 2
negotiation 24-25
O
offenses 8-10
Ohio Commission on Dispute Resolution
and Conflict Management 26
Ohio Peace Officer Training
Commission 2, 4
open carry 17
P
place of worship 12
plain sight 14-16
police stations 12
private employers 16, 18
protection orders 3, 10
28
R
range time 4
recertification 10
reciprocity 17
renewal 10-11
residence 8, 21
residency 8
retired (military) 2
S
school safety zones 13
sealed record 4, 9-10
self-defense 1, 19-23
sheriff 's criteria for issuing license 8
sheriffs' offices, hours 6, 11
standard warning sign 17
Statutory Reference(s)
ORC Title 29 crimes when use of
deadly force is not justified 22
ORC 2901.05 rebuttable presump -
tion to affirmative defense of
self-defense 22
ORC 2901.09(B) Castle Doctine 22
ORC 2923.125(B)(3)(a)-(f) competency
certifications 3
ORC 2923.1213 emergency licenses 4
ORC 2923.1213(B)(3) sealed records
(temporary emergency license) 4
ORC 2923.125(G)(1) trainers to
provide publication 5
ORC 2923.125(G)(1)(a) educational
requirements for competency
certification 5
ORC 2923.125(G)(1)(b) range and
live-fire experience for competency
certification 5
ORC 2923.125(G)(2) passage of
written examination required 5
ORC 2923.125(A), sheriff to provide
application and CCW publication
at no charge 7
ORC 2923.125(B)(4) certification of
reading publication 7
ORC 2923.125(B)(1) application fee
based on type of background
check required 7
ORC 2923.125(B)(2) applicants to
provide a color photograph 7
ORC 2923.125(B)(3) applicants to
submit proof of competency 7
ORC 2923.125(B)(5) fingerprinting 7
ORC 2923.125(D)(1)(a)-(h) disqualfying
convictions 10
ORC 2923.125(D)(3) suspension
of processing of an application if
pending criminal case is
outstanding 10
ORC 2923.125(D)(5) prohibits
sheriffs from considering
applicant's sealed records 10
ORC 2923.125(D)(1)(i)-(j) mental
competency and protection order
issues 10
ORC 2923.13 disabilities that
prohibit possession of firearm 10
ORC 2923.125(D)(2)(b) written notification
and reasoning for denial 10
ORC 2923.127 apeals process 10
ORC 2923.16(E) transport of
loaded concealed handguns in
motor vehicles 16
ORC 2923.16(B)-(C) transportation
of firearms in a vehicle 16
ORC 2923.126(C) private
employers 18
ORC 2923.126(C)(3) sign that
prohibits persons from carrying
concealed firearms on that
property 18
suspension 14
T temporary emergency license 3-4, 6,
10
training 2-5, 26
U
universities 12
29
This publication is provided to you in partnership with your local sheriff.
For additional copies, please contact your county sheriff's office.
Revised 09/30/11