HB 425 - Repeals the Requirement that Handgun Owners Notify Police About Their Firearm When Stopped - Ohio Key Vote

Timeline

Related Issues

Stage Details

See How Your Politicians Voted

Title: Repeals the Requirement that Handgun Owners Notify Police About Their Firearm When Stopped

Vote Smart's Synopsis:

A vote to pass a bill that repeals the requirement that handgun owners notify police about their firearm when stopped.

Highlights:

  • Prohibits any person from knowingly carrying or having, concealed on the person's person or concealed ready at hand, any of the following (Sec 1-2923.12.A):

    • A deadly weapon other than a handgun;

    • A handgun other than a dangerous ordnance; or

    • A dangerous ordnance.

  • Rescinds requiring the person stopped by a law enforcement officer who is carrying a concealed handgun, before or at the time a law enforcement officer requests the person's concealed handgun license or asks if the person is carrying a concealed handgun, if they fail to promptly do both of the following (Sec 1-2923.12.B):

    • Display the person's concealed handgun license or orally inform any of the law enforcement officers who approaches the person after the person has been stopped that the person has been issued a concealed handgun license; and

    • Disclose that the person then is carrying a concealed handgun

  • Specifies if the person is stopped for a law enforcement purpose and is carrying a concealed handgun, and knowingly disregards or fails to comply with any lawful order of any law enforcement officer given while the person is stopped, including, but not limited to, a specific order to the person to keep the person's hands in plain sight (Sec 1-2923.12.B).

  • Specifies that the aforementioned section does not apply to any of the following (Sec 1-2923.12.B):

    • An officer, agent, or employee of this or any other state or the United States, or to a law enforcement officer, who is authorized to carry concealed weapons or dangerous ordnance or is authorized to carry handguns and is acting within the scope of the officer's, agent's, or employee's duties;

    • Any person who is employed in this state, who is authorized to carry concealed weapons or dangerous ordnance or is authorized to carry handguns;

    • A person's transportation or storage of a firearm, other than a firearm in a motor vehicle for any lawful purpose if the firearm is not on the actor's person; or

    • A person's storage or possession of a firearm in the actor's own home for any lawful purpose.

 

  • Specifies that it is an affirmative defense to a charge of carrying or having control of a weapon other than a handgun and other than a dangerous ordnance that the actor was not otherwise prohibited by law from having the weapon and that any of the following applies (Sec 1-2923.12.B):

    • The weapon was carried or kept ready at hand by the actor for defensive purposes while the actor was engaged in or was going to or from the actor's lawful business or occupation, which business or occupation was of a character or was necessarily carried on in a manner or at a time or place as to render the actor particularly susceptible to criminal attack, such as would justify a prudent person in going armed; and

    • The weapon was carried or kept ready at hand by the actor for defensive purposes while the actor was engaged in a lawful activity and had reasonable cause to fear a criminal attack upon the actor, a member of the actor's family, or the actor's home, which would justify a prudent person in going armed.

Title: Repeals the Requirement that Handgun Owners Notify Police About Their Firearm When Stopped

arrow_upward