Ohio Reciprocity changes effective 03/23/15

[vanagon40]

I did not see anything posted on this since January. Ohio Bill 234 amends Ohio Revised Code Section 109.69 to provide the Ohio will recognize concealed carry permits from all other states:

If, on or after the effective date of this amendment, a person who is not a resident of this state has a valid concealed handgun license that was issued by another license-issuing state, regardless of whether the other license-issuing state has entered into a reciprocity agreement with the attorney general under division (A)(1) of this section, and the person is temporarily in this state, during the time that the person is temporarily in this state the license issued by the other license-issuing state shall be recognized in this state, shall be accepted and valid in this state, and grants the person the same right to carry a concealed handgun in this state as a person who was issued a concealed handgun license under section 2923.125 of the Revised Code.

Section 109.69(B)(3).

However, there is a Catch-22 in the language. This was likely an unintentional omission by the legislature.

Section 109.69(B) provides: “If, on or after the effective date of this amendment, a person who is not a resident of this state has a valid concealed handgun license that was issued by another license-issuing state . . . .”

However, “valid concealed handgun license” is defined. Section 109.69(D)(1) provides that “valid concealed handgun license” has the same meanings as in section 2923.11. Section 2923.11(O) states that a “‘valid concealed handgun license’ or ‘valid license to carry a concealed handgun’ means a concealed handgun license that is currently valid . . . .” Section 2923.11(N)(1) provides:

“Concealed handgun license” or “license to carry a concealed handgun” means, subject to division (N)(2) of this section, a license or temporary emergency license to carry a concealed handgun issued under section 2923.125 or 2923.1213 of the Revised Code or a license to carry a concealed handgun issued by another state with which the attorney general has entered into a reciprocity agreement under section 109.69 of the Revised Code.

The argument would be that a person who is not an Ohio resident has a “valid concealed handgun license” that was issued by another license-issuing state only if the license was issued by a state with a reciprocity agreement. This would entirely defeat what appears to be the intended purpose of the new provision. It would also render that provision a nullity.

However, under a strict reading of the statute, by definition, a person has a “valid concealed handgun license” only if the license was issued by a state with a reciprocity agreement.

Am I missing something here?

 

[Speedo66]

Nope, I'm sure that was the intent. They probably don't want you with a permit from a state with very low or no qualifications or personal investigation required, i.e., no prints, background check, etc.

It's not a carte blanche. They reserve the right to decide which out of state licenses are acceptable. It's also to probably insure that the residents of their state enjoy the same benefits in the other state.

I believe the bill also makes 30+ round magazines legal, which they weren't before.

 

[Jeff H]

Reposting from Buckeye firearms: http://www.buckeyefirearms.org/governor-kasich-signs-landmark-firearms-legislation-law

Here are the issues addressed in HB234:

Hunting with suppressors will be legal.
Sheriffs shall sign Form 4 CLEO signoffs under the same process and fees as a CHL.
Improved reciprocity/recognition that will make an Ohio CHL accepted in more states.
Ohio CHL will remain valid until expiration date for someone who moves out of state.
Non-residents working in Ohio may be issued an Ohio CHL.
Eligibility for a CHL is closely aligned with “allowed to own a gun under U.S. laws.”
All restorations of rights will now work for all gun rights.
Minor Misdemeanors are not a disqualifier for CHLs.
OPOTC training good for CHL, no expiration.
DD-214 valid for 10 years from issuance (currently 6 years).
NICS compliant background check for CHLs
Training reduced from 12 to 8 hours, incl. 2 hours range time. Competency standard unchanged.
Classroom training can be done in person or online.
Instructors from any national gun advocacy organization now eligible to conduct training.
Sheriff may use CHL funds for other firearms-related training.
Attorney General to maintain Application Form (text of Application Form no longer in statute).
Correct definition of an “Automatic Firearm” (Delete 31 round magazine rule).
Ability to purchase long guns in any state (currently only allowed in bordering states).
Parking lot carry not municipal trespass (already not state trespass).
Buckeyes can carry on non-resident licenses, but only from states with written reciprocity agreements from substantially similar states. This will function like current law.

 

[MyWifeSaidYes]

R.C. 109.69(B)(2) & (B)(3)

As of 3/23/15:

Reciprocity agreements NOT necessary if you are in Ohio temporarily OR for your first six months as a resident.

 

[Gary Slider]

As the OP stated. This new Law does not go into effect until March 23, 2015!!!

Section 1 is retained so that states Ohio will sign an agreement with any state that has standards as great or greater than Ohio. They kept this section because of (B)(1) below and some states require agreements. Those are the only states that Ohio will honor IF A RESIDENT OF OHIO has such a states permit/license

Section (B)(2) below is for people moving into Ohio. Any permit issued by a state Ohio has not signed an agreement with is only valid for 6 months from the time they become an Ohio Resident. This gives people moving into the state the right to carry on their previous state permit or a non resident they obtained until they can get an Ohio Permit. This is great for someone moving to Ohio.

Section (B)(3) below is for non residents only. Ohio will honor any permit issued by any state as long as someone is just visiting Ohio.

Actually this is very good. Many times when a person moves to another state their previous states permit is no longer valid and they have to go defenseless until they obtain their new states permit. This bill covers it all. Ohio only covered itself with (B)(1) saying their residents can carry on another states permit and don't have to get an Ohio permit if they have signed an agreement with them. Next to not requiring a permit or honoring all permits no mater if you are resident or not Ohio's new law is the best I have seen. It covers those moving into the state. Allows people who work there to get an Ohio Permit. If residents have a permit from a state that has requirements as stringent as Ohio's it is good. If you move out of state the permit is valid until it expires.

Sec. 109.69.

(A)(1) The attorney general shall negotiate and enter into a reciprocity agreement with any other license-issuing state under which a concealed handgun license that is issued by the other state is recognized in this state, except as provided in division (B) of this section, if the attorney general determines that both of the following apply:

(a) The eligibility requirements imposed by that license-issuing state for that license are substantially comparable to the eligibility requirements for a concealed handgun license issued under section 2923.125 of the Revised Code.

(b) That license-issuing state recognizes a concealed handgun license issued under section 2923.125 of the Revised Code.

(2) A reciprocity agreement entered into under division (A)(1) of this section also may provide for the recognition in this state of a concealed handgun license issued on a temporary or emergency basis by the other license-issuing state, if the eligibility requirements imposed by that license-issuing state for the temporary or emergency license are substantially comparable to the eligibility requirements for a concealed handgun license issued under section 2923.125 or 2923.1213 of the Revised Code and if that license-issuing state recognizes a concealed handgun license issued under section 2923.1213 of the Revised Code.

(3) The attorney general shall not negotiate any agreement with any other license-issuing state under which a concealed handgun license issued by the other state is recognized in this state other than as provided in divisions (A)(1) and (2) of this section.

(B)(1) If, on or after the effective date of this amendment, a person who is a resident of this state has a valid concealed handgun license that was issued by another license-issuing state that has entered into a reciprocity agreement with the attorney general under division (A)(1) of this section or the attorney general determines that the eligibility requirements imposed by that license-issuing state for that license are substantially comparable to the eligibility requirements for a concealed handgun license issued under section 2923.125 of the Revised Code, the license issued by the other license-issuing state shall be recognized in this state, shall be accepted and valid in this state, and grants the person the same right to carry a concealed handgun in this state as a person who was issued a concealed handgun license under section 2923.125 of the Revised Code.

(2) If, on or after the effective date of this amendment, a person who is a resident of this state has a valid concealed handgun license that was issued by another license-issuing state that has not entered into a reciprocity agreement with the attorney general under division (A)(1) of this section, the license issued by the other license-issuing state shall be recognized in this state, shall be accepted and valid in this state, and grants the person the same right to carry a concealed handgun in this state as a person who was issued a concealed handgun license under section 2923.125 of the Revised Code for a period of six months after the person became a resident of this state. After that six-month period, if the person wishes to obtain a concealed handgun license, the person shall apply for a concealed handgun license pursuant to section 2923.125 of the Revised Code.

(3) If, on or after the effective date of this amendment, a person who is not a resident of this state has a valid concealed handgun license that was issued by another license-issuing state, regardless of whether the other license-issuing state has entered into a reciprocity agreement with the attorney general under division (A)(1) of this section, and the person is temporarily in this state, during the time that the person is temporarily in this state the license issued by the other license-issuing state shall be recognized in this state, shall be accepted and valid in this state, and grants the person the same right to carry a concealed handgun in this state as a person who was issued a concealed handgun license under section 2923.125 of the Revised Code.

(C) The attorney general shall publish each determination described in division (B)(1) of this section that the attorney general makes in the same manner that written agreements entered into under division (A)(1) or (2) of this section are published.

(D) As used in this section:

(1) "Handgun," "concealed handgun license," and "valid concealed handgun license" have the same meanings as in section 2923.11 of the Revised Code.

(2) "License-issuing state" means a state other than this state that, pursuant to law, provides for the issuance of a license to carry a concealed handgun.

 

[Trent]

The Illinois State Rifle Association today announced that Ohio recognizes IL permits.

I'm unclear based on the above posts, if that is truly the case?

If I visit Ohio with my IL permit (which I'll be doing to visit some customers, in May), can I carry concealed with my IL permit?

 

[Shawnpatrick]

This is good news. 3 years ago I got a Utah permit so I could visit Ohio. Seemed convoluted.

 

[Jeff H]

The Illinois State Rifle Association today announced that Ohio recognizes IL permits.

I'm unclear based on the above posts, if that is truly the case?

If I visit Ohio with my IL permit (which I'll be doing to visit some customers, in May), can I carry concealed with my IL permit?

Yes Trent, it is my understanding you can come here and keep your gun. I still can't go to your blasted state though. :banghead:

http://handgunlaw.us/states/ohio.pdf

Although, the list of states that I can't carry shrinks every month. I can now get all the way to FL without having to disarm now that Georgia recognizes our permit.

 

[Trent]

Yes Trent, it is my understanding you can come here and keep your gun. I still can't go to your blasted state though. :banghead:

http://handgunlaw.us/states/ohio.pdf

Although, the list of states that I can't carry shrinks every month. I can now get all the way to FL without having to disarm now that Georgia recognizes our permit.

You can drive through IL armed, on your permit, but you'd have to disarm when you get out of your vehicle.

I wouldn't recommend stopping. Nothing worth seeing here anyway.

The mental health laws were the hangup on non-resident permits. That, and the obnoxious $300 nonresident fee.

Don't expect reciprocity anytime soon, all gun related stuff is just sitting in committee and not moving this year. 80+ bills were submitted in this new session last time I checked to tweak our concealed carry system, but nothing going anywhere while Madigan is speaker.

ETA: And... thanks for the response!