Ohio § 2923.1213

§ 2923.1213.

(A) As used in this section: (1) “ Evidence of imminent danger ” means any of the following: (a) A statement sworn by the person seeking to carry a concealed handgun that is made

under threat of perjury and that states that the person has reasonable cause to fear

a criminal attack upon the person or a member of the person's family, such as would

justify a prudent person in going armed; (b) A written document prepared by a governmental entity or public official describing

the facts that give the person seeking to carry a concealed handgun reasonable cause

to fear a criminal attack upon the person or a member of the person's family, such

as would justify a prudent person in going armed.  Written documents of this nature include, but are not limited to, any temporary

protection order, civil protection order, protection order issued by another state,

or other court order, any court report, and any report filed with or made by a law

enforcement agency or prosecutor. (2) “Prosecutor” has the same meaning as in section 2935.01 of the Revised Code . (B)(1) A person seeking a concealed handgun license on a temporary emergency basis shall

submit to the sheriff of the county in which the person resides or, if the person

usually resides in another state, to the sheriff of the county in which the person

is temporarily staying, all of the following: (a) Evidence of imminent danger to the person or a member of the person's family; (b) A sworn affidavit that contains all of the information required to be on the license

and attesting that the person is legally living in the United States;  is at least

twenty-one years of age;  is not a fugitive from justice;  is not under indictment

for or otherwise charged with an offense identified in division (D)(1)(d) of section 2923.125 of the Revised Code ;  has not been convicted of or pleaded guilty to an offense, and has not been adjudicated

a delinquent child for committing an act, identified in division (D)(1)(e) of that

section and to which division (B)(3) of this section does not apply;  within three

years of the date of the submission, has not been convicted of or pleaded guilty to

an offense, and has not been adjudicated a delinquent child for committing an act,

identified in division (D)(1)(f) of that section and to which division (B)(3) of this

section does not apply;  within five years of the date of the submission, has not

been convicted of, pleaded guilty, or adjudicated a delinquent child for committing

two or more violations identified in division (D)(1)(g) of that section;  within ten

years of the date of the submission, has not been convicted of, pleaded guilty, or

adjudicated a delinquent child for committing a violation identified in division (D)(1)(h)

of that section and to which division (B)(3) of this section does not apply;  has

not been committed to any mental institution, is not under adjudication of mental

incompetence, has not been found by a court to be a person with a mental illness subject

to court order, and is not an involuntary patient other than one who is a patient

only for purposes of observation, as described in division (D)(1)(i) of that section;

 is not currently subject to a civil protection order, a temporary protection order,

or a protection order issued by a court of another state, as described in division

(D)(1)(j) of that section;  is not currently subject to a suspension imposed under division (A)(2) of section 2923.128 of the Revised Code of a concealed handgun license that previously was issued to the person or a similar

suspension imposed by another state regarding a concealed handgun license issued by

that state;  is not an unlawful user of or addicted to any controlled substance as

defined in 21 U.S.C. 802 ;  if applicable, is an alien and has not been admitted to the United States under

a nonimmigrant visa, as defined in the “Immigration and Nationality Act,” 8 U.S.C. 1101(a)(26) ;  has not been discharged from the armed forces of the United States under dishonorable

conditions;  if applicable, has not renounced the applicant's United States citizenship;

 and has not been convicted of, pleaded guilty to, or been adjudicated a delinquent

child for committing a violation identified in division (D)(1)(s) of section 2923.125 of the Revised Code ; (c) A nonrefundable temporary emergency license fee as described in either of the following: (i) For an applicant who has been a resident of this state for five or more years, a

fee of fifteen dollars plus the actual cost of having a background check performed

by the bureau of criminal identification and investigation pursuant to section 311.41 of the Revised Code ; (ii) For an applicant who has been a resident of this state for less than five years or

who is not a resident of this state, but is temporarily staying in this state, a fee

of fifteen dollars plus the actual cost of having background checks performed by the

federal bureau of investigation and the bureau of criminal identification and investigation

pursuant to section 311.41 of the Revised Code . (d) A set of fingerprints of the applicant provided as described in section 311.41 of the Revised Code through use of an electronic fingerprint reading device or, if the sheriff to whom

the application is submitted does not possess and does not have ready access to the

use of an electronic fingerprint reading device, on a standard impression sheet prescribed

pursuant to division (C)(2) of section 109.572 of the Revised Code .  If the fingerprints are provided on a standard impression sheet, the person also

shall provide the person's social security number to the sheriff. (2) A sheriff shall accept the evidence of imminent danger, the sworn affidavit, the

fee, and the set of fingerprints required under division (B)(1) of this section at

the times and in the manners described in division (I) of this section.  Upon receipt of the evidence of imminent danger, the sworn affidavit, the fee, and

the set of fingerprints required under division (B)(1) of this section, the sheriff,

in the manner specified in section 311.41 of the Revised Code , immediately shall conduct or cause to be conducted the criminal records check and

the incompetency records check described in section 311.41 of the Revised Code .  Immediately upon receipt of the results of the records checks, the sheriff shall

review the information and shall determine whether the criteria set forth in divisions

(D)(1)(a) to (j) and (m) to (s) of section 2923.125 of the Revised Code apply regarding

the person.  If the sheriff determines that all of the criteria set forth in divisions (D)(1)(a)

to (j) and (m) to (s) of section 2923.125 of the Revised Code apply regarding the

person, the sheriff shall immediately make available through the law enforcement automated

data system all information that will be contained on the temporary emergency license

for the person if one is issued, and the superintendent of the state highway patrol

shall ensure that the system is so configured as to permit the transmission through

the system of that information.  Upon making that information available through the law enforcement automated data

system, the sheriff shall immediately issue to the person a concealed handgun license

on a temporary emergency basis. If the sheriff denies the issuance of a license on a temporary emergency basis to

the person, the sheriff shall specify the grounds for the denial in a written notice

to the person.  The person may appeal the denial, or challenge criminal records check results that

were the basis of the denial if applicable, in the same manners specified in division (D)(2) of section 2923.125 and in section 2923.127 of the Revised Code , regarding the denial of an application for a concealed handgun license under that

section. The license on a temporary emergency basis issued under this division shall be in

the form, and shall include all of the information, described in divisions (A)(2)(a)

and (d) of section 109.731 of the Revised Code, and also shall include a unique combination

of identifying letters and numbers in accordance with division (A)(2)(c) of that section. The license on a temporary emergency basis issued under this division is valid for

ninety days and may not be renewed.  A person who has been issued a license on a temporary emergency basis under this

division shall not be issued another license on a temporary emergency basis unless

at least four years has expired since the issuance of the prior license on a temporary

emergency basis. (3) If a person seeking a concealed handgun license on a temporary emergency basis has

been convicted of or pleaded guilty to an offense identified in division (D)(1)(e),

(f), or (h) of section 2923.125 of the Revised Code or has been adjudicated a delinquent

child for committing an act or violation identified in any of those divisions, and

if a court has ordered the sealing or expungement of the records of that conviction,

guilty plea, or adjudication pursuant to sections 2151.355 to 2151.358 , sections 2953.31 to 2953.35 , or section 2953.39 of the Revised Code or the applicant has been relieved under operation of law or legal process from the

disability imposed pursuant to section 2923.13 of the Revised Code relative to that conviction, guilty plea, or adjudication, the conviction, guilty

plea, or adjudication shall not be relevant for purposes of the sworn affidavit described

in division (B)(1)(b) of this section, and the person may complete, and swear to the

truth of, the affidavit as if the conviction, guilty plea, or adjudication never had

occurred. (4) The sheriff shall waive the payment pursuant to division (B)(1)(c) of this section

of the license fee in connection with an application that is submitted by an applicant

who is a retired peace officer, a retired person described in division (B)(1)(b) of section 109.77 of the Revised Code , or a retired federal law enforcement officer who, prior to retirement, was authorized

under federal law to carry a firearm in the course of duty, unless the retired peace

officer, person, or federal law enforcement officer retired as the result of a mental

disability. The sheriff shall deposit all fees paid by an applicant under division (B)(1)(c) of

this section into the sheriff's concealed handgun license issuance fund established

pursuant to section 311.42 of the Revised Code . (C) A person who holds a concealed handgun license on a temporary emergency basis has

the same right to carry a concealed handgun as a person who was issued a concealed

handgun license under section 2923.125 of the Revised Code , and any exceptions to the prohibitions contained in section 1547.69 and sections 2923.12 to 2923.16 of the Revised Code for a licensee under section 2923.125 of the Revised Code apply to a licensee under this section.  The person is subject to the same restrictions, and to all other procedures, duties,

and sanctions, that apply to a person who carries a license issued under section 2923.125 of the Revised Code , other than the license renewal procedures set forth in that section. (D) A sheriff who issues a concealed handgun license on a temporary emergency basis under

this section shall not require a person seeking to carry a concealed handgun in accordance

with this section to submit a competency certificate as a prerequisite for issuing

the license and shall comply with division (H) of section 2923.125 of the Revised Code in regards to the license.  The sheriff shall suspend or revoke the license in accordance with section 2923.128 of the Revised Code .  In addition to the suspension or revocation procedures set forth in section 2923.128 of the Revised Code , the sheriff may revoke the license upon receiving information, verifiable by public

documents, that the person is not eligible to possess a firearm under either the laws

of this state or of the United States or that the person committed perjury in obtaining

the license;  if the sheriff revokes a license under this additional authority, the

sheriff shall notify the person, by certified mail, return receipt requested, at the

person's last known residence address that the license has been revoked and that the

person is required to surrender the license at the sheriff's office within ten days

of the date on which the notice was mailed. Division (H) of section 2923.125 of the Revised Code applies regarding any suspension or revocation of a concealed handgun license on

a temporary emergency basis. (E) A sheriff who issues a concealed handgun license on a temporary emergency basis under

this section shall retain, for the entire period during which the license is in effect,

the evidence of imminent danger that the person submitted to the sheriff and that

was the basis for the license, or a copy of that evidence, as appropriate. (F) If a concealed handgun license on a temporary emergency basis issued under this section

is lost or is destroyed, the licensee may obtain from the sheriff who issued that

license a duplicate license upon the payment of a fee of fifteen dollars and the submission

of an affidavit attesting to the loss or destruction of the license.  The sheriff, in accordance with the procedures prescribed in section 109.731 of the Revised Code , shall place on the replacement license a combination of identifying numbers different

from the combination on the license that is being replaced. (G) The attorney general shall prescribe, and shall make available to sheriffs, a standard

form to be used under division (B) of this section by a person who applies for a concealed

handgun license on a temporary emergency basis on the basis of imminent danger of

a type described in division (A)(1)(a) of this section.  The attorney general shall design the form to enable applicants to provide the information

that is required by law to be collected, and shall update the form as necessary.  Burdens or restrictions to obtaining a concealed handgun license that are not expressly

prescribed in law shall not be incorporated into the form.  The attorney general shall post a printable version of the form on the web site

of the attorney general and shall provide the address of the web site to any person

who requests the form. (H) A sheriff who receives any fees paid by a person under this section shall deposit

all fees so paid into the sheriff's concealed handgun license issuance expense fund

established under section 311.42 of the Revised Code . (I) A sheriff shall accept evidence of imminent danger, a sworn affidavit, the fee, and

the set of fingerprints specified in division (B)(1) of this section at any time during

normal business hours.  In no case shall a sheriff require an appointment, or designate a specific period

of time, for the submission or acceptance of evidence of imminent danger, a sworn

affidavit, the fee, and the set of fingerprints specified in division (B)(1) of this

section, or for the provision to any person of a standard form to be used for a person

to apply for a concealed handgun license on a temporary emergency basis.