Ohio § 2923.12

§ 2923.12.

(A) No person shall knowingly carry or have, concealed on the person's person or concealed

ready at hand, any of the following: (1) A deadly weapon other than a handgun; (2) A handgun other than a dangerous ordnance; (3) A dangerous ordnance. (B) No person who has been issued a concealed handgun license shall do any of the following: (1) If the person is stopped for a law enforcement purpose and is carrying a concealed

handgun, before or at the time a law enforcement officer asks if the person is carrying

a concealed handgun, knowingly fail to disclose that the person then is carrying a

concealed handgun, provided that it is not a violation of this division if the person

fails to disclose that fact to an officer during the stop and the person already has

notified another officer of that fact during the same stop; (2) If the person is stopped for a law enforcement purpose and is carrying a concealed

handgun, knowingly fail to keep the person's hands in plain sight at any time after

any law enforcement officer begins approaching the person while stopped and before

the law enforcement officer leaves, unless the failure is pursuant to and in accordance

with directions given by a law enforcement officer; (3) If the person is stopped for a law enforcement purpose, if the person is carrying

a concealed handgun, and if the person is approached by any law enforcement officer

while stopped, knowingly remove or attempt to remove the loaded handgun from the holster,

pocket, or other place in which the person is carrying it, knowingly grasp or hold

the loaded handgun, or knowingly have contact with the loaded handgun by touching

it with the person's hands or fingers at any time after the law enforcement officer

begins approaching and before the law enforcement officer leaves, unless the person

removes, attempts to remove, grasps, holds, or has contact with the loaded handgun

pursuant to and in accordance with directions given by the law enforcement officer; (4) If the person is stopped for a law enforcement purpose and is carrying a concealed

handgun, knowingly disregard or fail 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. (C)(1) This section does not apply to any of the following: (a) 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; (b) Any person who is employed in this state, who is authorized to carry concealed weapons

or dangerous ordnance or is authorized to carry handguns, and who is subject to and

in compliance with the requirements of section 109.801 of the Revised Code , unless the appointing authority of the person has expressly specified that the exemption

provided in division (C)(1)(b) of this section does not apply to the person; (c) A person's transportation or storage of a firearm, other than a firearm described

in divisions (G) to (M) of section 2923.11 of the Revised Code , in a motor vehicle for any lawful purpose if the firearm is not on the actor's person; (d) A person's storage or possession of a firearm, other than a firearm described in

divisions (G) to (M) of section 2923.11 of the Revised Code , in the actor's own home for any lawful purpose. (2) Division (A)(2) of this section does not apply to any person who has been issued

a concealed handgun license that is valid at the time of the alleged carrying or possession

of a handgun or who, at the time of the alleged carrying or possession of a handgun,

is an active duty member of the armed forces of the United States and is carrying

a valid military identification card and documentation of successful completion of

firearms training that meets or exceeds the training requirements described in division (G)(1) of section 2923.125 of the Revised Code , unless the person knowingly is in a place described in division (B) of section 2923.126 of the Revised Code . (D) It is an affirmative defense to a charge under division (A)(1) of this section 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: (1) 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. (2) 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,

such as would justify a prudent person in going armed. (3) The weapon was carried or kept ready at hand by the actor for any lawful purpose

and while in the actor's own home. (E)(1) No person who is charged with a violation of this section shall be required to obtain

a concealed handgun license as a condition for the dismissal of the charge. (2) If a person is convicted of, was convicted of, pleads guilty to, or has pleaded guilty

to a violation of division (B)(1) of this section as it existed prior to June 13,

2022, the person may file an application under section 2953.35 of the Revised Code requesting the expungement of the record of conviction. (F)(1) Whoever violates this section is guilty of carrying concealed weapons.  Except as otherwise provided in this division or divisions (F)(2), (6), and (7)

of this section, carrying concealed weapons in violation of division (A) of this section

is a misdemeanor of the first degree.  Except as otherwise provided in this division or divisions (F)(2), (6), and (7)

of this section, if the offender previously has been convicted of a violation of this

section or of any offense of violence, if the weapon involved is a firearm that is

either loaded or for which the offender has ammunition ready at hand, or if the weapon

involved is dangerous ordnance, carrying concealed weapons in violation of division

(A) of this section is a felony of the fourth degree.  Except as otherwise provided in divisions (F)(2) and (6) of this section, if the

offense is committed aboard an aircraft, or with purpose to carry a concealed weapon

aboard an aircraft, regardless of the weapon involved, carrying concealed weapons

in violation of division (A) of this section is a felony of the third degree. (2) A person shall not be arrested for a violation of division (A)(2) of this section

solely because the person does not promptly produce a valid concealed handgun license.  If a person is arrested for a violation of division (A)(2) of this section and is

convicted of or pleads guilty to the violation, the offender shall be punished as

follows: (a) The offender shall be guilty of a minor misdemeanor if both of the following apply: (i) Within ten days after the arrest, the offender presents a concealed handgun license,

which license was valid at the time of the arrest, to the law enforcement agency that

employs the arresting officer. (ii) At the time of the arrest, the offender was not knowingly in a place described in division (B) of section 2923.126 of the Revised Code . (b) The offender shall be guilty of a misdemeanor and shall be fined five hundred dollars

if all of the following apply: (i) The offender previously had been issued a concealed handgun license, and that license

expired within the two years immediately preceding the arrest. (ii) Within forty-five days after the arrest, the offender presents a concealed handgun

license to the law enforcement agency that employed the arresting officer, and the

offender waives in writing the offender's right to a speedy trial on the charge of

the violation that is provided in section 2945.71 of the Revised Code . (iii) At the time of the commission of the offense, the offender was not knowingly in a

place described in division (B) of section 2923.126 of the Revised Code . (c) If divisions (F)(2)(a) and (b) and (F)(6) of this section do not apply, the offender

shall be punished under division (F)(1) or (7) of this section. (3) Carrying concealed weapons in violation of division (B)(1) of this section is a misdemeanor

of the second degree. (4) Carrying concealed weapons in violation of division (B)(2) or (4) of this section

is a misdemeanor of the first degree or, if the offender previously has been convicted

of or pleaded guilty to a violation of division (B)(2) or (4) of this section, a felony

of the fifth degree.  In addition to any other penalty or sanction imposed for a misdemeanor violation

of division (B)(2) or (4) of this section, the offender's concealed handgun license

shall be suspended pursuant to division (A)(2) of section 2923.128 of the Revised Code . (5) Carrying concealed weapons in violation of division (B)(3) of this section is a felony

of the fifth degree. (6) If a person being arrested for a violation of division (A)(2) of this section is

an active duty member of the armed forces of the United States and is carrying a valid

military identification card and documentation of successful completion of firearms

training that meets or exceeds the training requirements described in division (G)(1) of section 2923.125 of the Revised Code , and if at the time of the violation the person was not knowingly in a place described

in division (B) of section 2923.126 of the Revised Code , the officer shall not arrest the person for a violation of that division.  If the person is not able to promptly produce a valid military identification card

and documentation of successful completion of firearms training that meets or exceeds

the training requirements described in division (G)(1) of section 2923.125 of the Revised Code and if the person is not in a place described in division (B) of section 2923.126 of the Revised Code , the officer shall issue a citation and the offender shall be assessed a civil penalty

of not more than five hundred dollars.  The citation shall be automatically dismissed and the civil penalty shall not be

assessed if both of the following apply: (a) Within ten days after the issuance of the citation, the offender presents a valid

military identification card and documentation of successful completion of firearms

training that meets or exceeds the training requirements described in division (G)(1) of section 2923.125 of the Revised Code , which were both valid at the time of the issuance of the citation to the law enforcement

agency that employs the citing officer. (b) At the time of the citation, the offender was not knowingly in a place described

in division (B) of section 2923.126 of the Revised Code . (7) If a person being arrested for a violation of division (A)(2) of this section is

knowingly in a place described in division (B)(5) of section 2923.126 of the Revised Code and is not authorized to carry a handgun or have a handgun concealed on the person's

person or concealed ready at hand under that division, the penalty shall be as follows: (a) Except as otherwise provided in this division, if the person produces a valid concealed

handgun license within ten days after the arrest and has not previously been convicted

or pleaded guilty to a violation of division (A)(2) of this section, the person is

guilty of a minor misdemeanor; (b) Except as otherwise provided in this division, if the person has previously been

convicted of or pleaded guilty to a violation of division (A)(2) of this section,

the person is guilty of a misdemeanor of the fourth degree; (c) Except as otherwise provided in this division, if the person has previously been

convicted of or pleaded guilty to two violations of division (A)(2) of this section,

the person is guilty of a misdemeanor of the third degree; (d) Except as otherwise provided in this division, if the person has previously been

convicted of or pleaded guilty to three or more violations of division (A)(2) of this

section, or convicted of or pleaded guilty to any offense of violence, if the weapon

involved is a firearm that is either loaded or for which the offender has ammunition

ready at hand, or if the weapon involved is a dangerous ordnance, the person is guilty

of a misdemeanor of the second degree. (G) If a law enforcement officer stops a person to question the person regarding a possible

violation of this section, for a traffic stop, or for any other law enforcement purpose,

if the person surrenders a firearm to the officer, either voluntarily or pursuant

to a request or demand of the officer, and if the officer does not charge the person

with a violation of this section or arrest the person for any offense, the person

is not otherwise prohibited by law from possessing the firearm, and the firearm is

not contraband, the officer shall return the firearm to the person at the termination

of the stop.  If a court orders a law enforcement officer to return a firearm to a person pursuant

to the requirement set forth in this division, division (B) of section 2923.163 of the Revised Code applies. (H) For purposes of this section, “deadly weapon” or “weapon” does not include any knife,

razor, or cutting instrument if the instrument was not used as a weapon.