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

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