• Patricia Brandt, Attorney

Carrying a Concealed Weapon- Info

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. 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.


Temporary Emergency License

The law allows for the issuance of an emergency license without proof of competency certification 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.

The temporary emergency license lasts for 90 days and may be renewed only once every four years.


Minimum Educational Requirements

The total time required for training is 8 hours with a minimum of 2 hours of in-person training that consists of range time and live-fire training. The law requires 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 in-person training, including range time and live-fire experience. The applicant also must complete an examination that tests his competency.


The Application Process


To begin the application process, you must apply to the sheriff in the county where you reside or an adjoining county.

***Effective October 1st, 2020*** Governor Dewine signed House Bill 614. House Bill 614 also allows residents of Ohio to apply for a CCW license or renew a CCW license at ANY Sheriff’s office in Ohio. You are not limited to your home county or an adjacent county. This expires on June 30, 2021.


Duties that Accompany Holding a Concealed Handgun License


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 beyond screening checkpoint or other restricted areas • Facilities for the care of mentally ill persons

• Courthouses or buildings in which a courtroom is located

• Universities, unless specifically permitted

• Places of worship, unless the place of worship permits otherwise

• Licensed Class D liquor permit premises, if you are consuming beer or intoxicating liquor or are under the influence. If you are not consuming, and not under the influence, you may carry unless there is a conspicuous sign prohibiting carry.

• School safety zones


Transporting in Motor Vehicles

A concealed handgun license holder may transport a loaded, concealed handgun in a motor vehicle. 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 promptly 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. A permit holder is not required to inform law enforcement of his status if he is not carrying a firearm.


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.


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.


Employers, business entities, property owners, public and/or private employers are not permitted to establish or enforce a policy that prohibits a concealed handgun licensee from transporting or storing a firearm or ammunition on their property under certain circumstances. For this restriction on employers and property owners to apply, several conditions must be met: 1. the firearm is in the vehicle while the licensee is physically present or, 2. the firearm and ammunition is locked within the trunk, glove box or other enclosed compartment or container within the vehicle and, 3. the vehicle is in a location where it is permitted to be.


Signage

The law does not say precisely what language must be on a sign prohibiting firearms. At a minimum, signs must be conspicuous and inform people that firearms and/or concealed handguns are prohibited.


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.



All information displayed on the Brandt Law Ltd. website is informational and shall not be deemed as legal advice. If you’re currently dealing with an individual legal situation, you’re invited to contact me through email or by phone. Until an attorney-client relationship has been established, I urge that you avoid sharing any confidential information.


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