Ohio § 2923.128
Full text of Ohio Ohio Revised Code § 2923.128, with citation guidance and answers to common questions.
§ 2923.128.
(A)(1)(a) If a licensee holding a valid concealed handgun license is arrested for or otherwise
charged with an offense described in division (D)(1)(d) of section 2923.125 of the Revised Code or with a violation of section 2923.15 of the Revised Code or becomes subject to a temporary protection order or to a protection order issued
by a court of another state that is substantially equivalent to a temporary protection
order, the sheriff who issued the license shall suspend it and shall comply with division
(A)(3) of this section upon becoming aware of the arrest, charge, or protection order. Upon suspending the license, the sheriff also shall comply with division (H) of section 2923.125 of the Revised Code . (b) A suspension under division (A)(1)(a) of this section shall be considered as beginning
on the date that the licensee is arrested for or otherwise charged with an offense
described in that division or on the date the appropriate court issued the protection
order described in that division, irrespective of when the sheriff notifies the licensee
under division (A)(3) of this section. The suspension shall end on the date on which the charges are dismissed or the licensee
is found not guilty of the offense described in division (A)(1)(a) of this section
or, subject to division (B) of this section, on the date the appropriate court terminates
the protection order described in that division. If the suspension so ends, the sheriff shall return the license or temporary emergency
license to the licensee. (2)(a) If a licensee holding a valid concealed handgun license is convicted of or pleads
guilty to a misdemeanor violation of division (B)(2) or (4) of section 2923.12 of
the Revised Code or of division (E)(3) or (5) of section 2923.16 of the Revised Code , subject to division (C) of this section, the sheriff who issued the license shall
suspend it and shall comply with division (A)(3) of this section upon becoming aware
of the conviction or guilty plea. Upon suspending the license, the sheriff also shall comply with division (H) of section 2923.125 of the Revised Code . (b) A suspension under division (A)(2)(a) of this section shall be considered as beginning
on the date that the licensee is convicted of or pleads guilty to the offense described
in that division, irrespective of when the sheriff notifies the licensee under division
(A)(3) of this section. If the suspension is imposed for a misdemeanor violation of division (B)(2) of section 2923.12 of the Revised Code or of division (E)(3) of section 2923.16 of the Revised Code , it shall end on the date that is one year after the date that the licensee is convicted
of or pleads guilty to that violation. If the suspension is imposed for a misdemeanor violation of division (B)(4) of section 2923.12 of the Revised Code or of division (E)(5) of section 2923.16 of the Revised Code , it shall end on the date that is two years after the date that the licensee is convicted
of or pleads guilty to that violation. If the licensee's license was issued under section 2923.125 of the Revised Code and the license remains valid after the suspension ends as described in this division,
when the suspension ends, the sheriff shall return the license to the licensee. If the licensee's license was issued under section 2923.125 of the Revised Code and the license expires before the suspension ends as described in this division,
or if the licensee's license was issued under section 2923.1213 of the Revised Code , the licensee is not eligible to apply for a new license under section 2923.125 or 2923.1213 of the Revised Code or to renew the license under section 2923.125 of the Revised Code until after the suspension ends as described in this division. (3) Upon becoming aware of an arrest, charge, or protection order described in division
(A)(1)(a) of this section with respect to a licensee who was issued a concealed handgun
license, or a conviction of or plea of guilty to a misdemeanor offense described in
division (A)(2)(a) of this section with respect to a licensee who was issued a concealed
handgun license, subject to division (C) of this section, the sheriff who issued the
licensee's license shall notify the licensee, by certified mail, return receipt requested,
at the licensee's last known residence address that the license has been suspended
and that the licensee is required to surrender the license at the sheriff's office
within ten days of the date on which the notice was mailed. If the suspension is pursuant to division (A)(2) of this section, the notice shall
identify the date on which the suspension ends. (B)(1) A sheriff who issues a concealed handgun license to a licensee shall revoke the license
in accordance with division (B)(2) of this section upon becoming aware that the licensee
satisfies any of the following: (a) The licensee is under twenty-one years of age. (b) Subject to division (C) of this section, at the time of the issuance of the license,
the licensee did not satisfy the eligibility requirements of division (D)(1)(c), (d),
(e), (f), (g), or (h) of section 2923.125 of the Revised Code. (c) Subject to division (C) of this section, on or after the date on which the license
was issued, the licensee is convicted of or pleads guilty to a violation of section 2923.15 of the Revised Code or an offense described in division (D)(1)(e), (f), (g), or (h) of section 2923.125
of the Revised Code. (d) On or after the date on which the license was issued, the licensee becomes subject
to a civil protection order or to a protection order issued by a court of another
state that is substantially equivalent to a civil protection order. (e) The licensee knowingly carries a concealed handgun into a place that the licensee
knows is an unauthorized place specified in division (B) of section 2923.126 of the Revised Code . (f) On or after the date on which the license was issued, the licensee is under adjudication
of mental incompetence or is committed to a mental institution. (g) At the time of the issuance of the license, the licensee did not meet the residency
requirements described in division (D)(1) of section 2923.125 of the Revised Code and currently does not meet the residency requirements described in that division. (h) Regarding a license issued under section 2923.125 of the Revised Code , the competency certificate the licensee submitted was forged or otherwise was fraudulent. (2) Upon becoming aware of any circumstance listed in division (B)(1) of this section
that applies to a particular licensee who was issued a concealed handgun license,
subject to division (C) of this section, the sheriff who issued the license to the
licensee shall notify the licensee, by certified mail, return receipt requested, at
the licensee's last known residence address that the license is subject to revocation
and that the licensee may come to the sheriff's office and contest the sheriff's proposed
revocation within fourteen days of the date on which the notice was mailed. After the fourteen-day period and after consideration of any information that the
licensee provides during that period, if the sheriff determines on the basis of the
information of which the sheriff is aware that the licensee is described in division
(B)(1) of this section and no longer satisfies the requirements described in division (D)(1) of section 2923.125 of the Revised Code that are applicable to the licensee's type of license, the sheriff shall revoke the
license, notify the licensee of that fact, and require the licensee to surrender the
license. Upon revoking the license, the sheriff also shall comply with division (H) of section 2923.125 of the Revised Code . (C) If a sheriff who issues a concealed handgun license to a licensee becomes aware that
at the time of the issuance of the license the licensee had 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 had been adjudicated a delinquent child for committing an act
or violation identified in any of those divisions or becomes aware that on or after
the date on which the license was issued the licensee has been convicted of or pleaded
guilty to an offense identified in division (A)(2)(a) or (B)(1)(c) of this section,
the sheriff shall not consider that conviction, guilty plea, or adjudication as having
occurred for purposes of divisions (A)(2), (A)(3), (B)(1), and (B)(2) of this section
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 licensee 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. (D) As used in this section, “motor carrier enforcement unit” has the same meaning as
in section 2923.16 of the Revised Code .
Frequently Asked Questions About Ohio § 2923.128
What does Ohio Revised Code § 2923.128 cover?
Section 2923.128 is part of the Ohio Revised Code, the codified statutory law of Ohio. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Ohio § 2923.128?
A common citation format is "Ohio Revised Code § 2923.128" (Ohio). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Ohio law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Ohio official source linked on this page or consult a licensed Ohio attorney.
How does Ohio § 2923.128 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Ohio can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Ohio.