Ohio § 5502.411

§ 5502.411.

(A) As used in this section: (1) “Ammunition” has the same meaning as in section 2305.401 of the Revised Code . (2) “Concealed handgun license,” “deadly weapon,” “firearm,” and “valid concealed handgun

license” have the same meanings as in section 2923.11 of the Revised Code . (3) “Licensee” has the same meaning as in section 2923.124 of the Revised Code . (B) The transport, storage, sale, transfer, commerce in, import and export of, distribution,

repair, maintenance, and manufacture of deadly weapons or firearms, ammunition, and

accessories and components related to deadly weapons or firearms, shooting ranges,

and other goods and services directly related to lawful deadly weapon or firearm possession,

use, storage, repair, maintenance, sale, transfer, and training in the use of deadly

weapons or firearms, are declared to be life-sustaining “essential” businesses and

services for the purposes of safety and security in times of declared emergency or

any other statutorily authorized response to any disaster, war, act of terrorism,

riot, civil disorder, public health crisis, public nuisance, or emergency of whatever

kind or nature. (C) Except as provided in this section, no state agency, political subdivision, elected

or appointed official or employee of this state or any political subdivision, or agent

of this state or of any political subdivision, board, commission, bureau, or other

public body established by law may, under any governmental authority or color of law

exercised as part of any statutorily authorized response to any disaster, war, act

of terrorism, riot, civil disorder, public health crisis, public nuisance, or emergency

of whatever kind or nature, do any of the following: (1) Prohibit, regulate, or curtail the otherwise lawful possession, carrying, display,

sale, transportation, transfer, defensive use, or other lawful use of any of the following: (a) Any firearm, including any component or accessory of a firearm; (b) Any ammunition, including any component or accessory of ammunition; (c) Any ammunition-reloading equipment, component, or supplies; (d) Any deadly weapon, including any component or accessory of a deadly weapon. (2) Require registration of deadly weapon or firearm owners, of any firearms, including

any component or accessory of a firearm, of any ammunition, including any component

or accessory of ammunition, or of any deadly weapon, including any component or accessory

of a deadly weapon; (3) Seize, commandeer, or confiscate in any manner, any of the following items that are

possessed, carried, displayed, sold, transferred, transported, stored, or used in

connection with otherwise lawful conduct: (a) Any firearm, including any component or accessory of a firearm; (b) Any ammunition, including any component or accessory of ammunition; (c) Any ammunition-reloading equipment, component, or supplies; (d) Any deadly weapon, including any component or accessory of a deadly weapon. (4) Suspend or revoke a valid concealed handgun license, except as expressly authorized

in Chapter 2923. of the Revised Code; (5) Refuse to accept or process an application for a concealed handgun license or for

renewal of a concealed handgun license, provided the application for the license has

been properly completed and submitted in accordance with section 2923.125 or 2923.1213 of the Revised Code and the application for the renewal has been properly completed and submitted in

accordance with section 2923.125 of the Revised Code ; (6) Prohibit, suspend, or limit the business operations of any entity engaged in the

lawful selling or servicing of any firearms or ammunition, including any components

or accessories of firearms or ammunition, any ammunition-reloading equipment, component,

or supplies, or any deadly weapons, including any component or accessory of deadly

weapons; (7) Prohibit, suspend, or limit the business operations of any legally established indoor

or outdoor shooting range, whether located on state lands or on land other than state

lands, or of any entity engaged in providing deadly weapon or firearms safety, deadly

weapon or firearms training, firearms license qualification or requalification, firearms

safety instructor courses, or any similar class, course, or program; (8) Place restrictions or quantity limitations on any entity regarding the lawful sale

or servicing of any of the following: (a) Any firearm, including any component or accessory of a firearm; (b) Any ammunition, including any component or accessory of ammunition; (c) Any ammunition-reloading equipment, component, or supplies; (d) Any deadly weapon, including any component or accessory of a deadly weapon. (9) Suspend, restrict, or prohibit otherwise lawful hunting, fishing, or trapping activities

or business entities conducting or directly facilitating lawful hunting, trapping,

or fishing activities, whether conducted on state lands and waters or on land and

waters other than state lands and waters. (D)(1) If a concealed handgun license has been issued to a licensee under either section 2923.125 or 2923.1213 of the Revised Code , if the governor issues an executive order declaring an emergency, and if the date

that the valid and existing license would or is scheduled to expire falls within the

period of emergency declared by the governor's executive order or the thirty days

immediately preceding the date of that declaration, then, notwithstanding the date

of scheduled expiration, the license is automatically extended throughout the duration

of the period of the emergency plus an additional ninety days.  If, during the period of the emergency or during the additional ninety days, a licensee

issued a license under section 2923.125 of the Revised Code submits an application for renewal of the license or schedules an appointment with

the issuing authority or another authority authorized to renew the license, the license

is further automatically extended until the renewal application is accepted and fully

processed. (2) If division (D)(1) of this section applies with respect to a concealed handgun license,

during the extension period described in that division that is applicable to that

license, all of the following apply: (a) The license shall be valid for all purposes under the laws of this state and the

person to whom the license was issued shall be considered for all purposes under the

laws of this state to be the holder of a valid license to carry a concealed handgun,

and the license shall be valid for all purposes under section 2923.128 of the Revised Code ; (b) The license remains subject to the operation of section 2923.128 of the Revised Code during the extended period of the license and at any other time; (c) Except for the date of scheduled expiration, all other conditions and restrictions

otherwise applicable to the license and the license holder continue to apply during

the extended period of the license and at any other time. (E) Notwithstanding any inconsistent provision of law, including sections 5502.30 and 5502.35 of the Revised Code : (1) A person, group, or entity adversely affected by any manner of law, ordinance, rule,

regulation, resolution, practice, or other action enacted or enforced in violation

of this section may file an action for damages, injunctive relief, declaratory relief,

or other appropriate redress in the court of common pleas of the county in which the

aggrieved person resides or the group or entity is located, or in which the violation

occurred, unless the action is for damages and filed against any state agency, any

elected or appointed official or employee of the state, or any other agent of the

state. (2) In an action brought under authority of division (E)(1) of this section: (a) A person, group, or entity adversely affected by any manner of law, ordinance, rule,

regulation, resolution, practice, or other action enacted or enforced by any political

subdivision, any elected or appointed official or employee of a political subdivision,

or any agent of any political subdivision, bureau, or other public body established

by law in conflict with this section may bring a civil action against the political

subdivision, elected or appointed official or employee of the political subdivision,

or agent of the political subdivision, bureau, or other public body seeking damages,

declaratory relief, injunctive relief, or a combination of those remedies.  Any damages awarded shall be awarded against, and paid by, the political subdivision,

or the bureau, or other public body.  In addition to any actual damages awarded against the agency, the political subdivision,

or the board, commission, bureau, or other public body and any other relief provided

with respect to such an action, the court shall award reasonable expenses to any person,

group, or entity that brings the action, to be paid by the political subdivision,

bureau, or other public body, if either of the following applies: (i) The person, group, or entity prevails in a challenge to the law, ordinance, rule,

regulation, resolution, practice, or action as being in conflict with this section. (ii) The law, ordinance, rule, regulation, resolution, practice, or action or the manner

of its enforcement is repealed or rescinded after the civil action was filed but prior

to a final court determination of the action. (b) In addition to any other remedy available at law or in equity, a person, group, or

entity aggrieved by the seizure or confiscation, in violation of this section, of

one or more items listed in division (C)(3) of this section may apply to the court

of common pleas of the county in which the item or items were seized or confiscated

for the immediate return of the item or items, unless the action is for damages and

filed against any state agency, any elected or appointed official or employee of the

state, or any other agent of the state.  Except as otherwise provided in division (E)(2)(a) of this section, upon receipt

of the application and a determination by the court that the seizure or confiscation

of the item or items was in violation of this section, the court shall order the immediate

return of the item or items by the seizing or confiscating state agency, political

subdivision, board, commission, bureau, or other public body and that entity's employed

officials.  If a court orders the return of the seized or confiscated item or items under this

division and the item or items are not returned in accordance with the order, the

aggrieved party may claim reasonable costs and attorney fees for the loss and, the

cost of reclaiming the item or items, or the cost of any damages to the item or items. (3) Any claim filed against any state agency, any elected or appointed official or employee

of the state, or any other agent of the state for damages shall be filed with the

court of claims. (4) Nothing in this section shall be interpreted to mean the state intends to waive its

right to federal immunity under the eleventh amendment of the United States Constitution. (F) The provisions contained in the amendments to section 3761.16 of the Revised Code and the enactment of this section by S.B. 16 of the 134th general assembly are severable,

as provided in section 1.50 of the Revised Code .  In particular, it is the intent of the general assembly that any invalidity or potential

invalidity of a provision contained in those amendments or this section is not to

impair the immediate and continuing enforceability of the remaining provisions.