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18-2021 - Amend 549.02 & 549.07 Weapons
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18-2021 - Amend 549.02 & 549.07 Weapons
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Last modified
6/23/2021 3:54:51 PM
Creation date
6/23/2021 3:48:54 PM
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Office Of Council
Document Type
Ordinances
Number
18-2021
Date Adopted
6/21/2021
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(f) (1) Whoever violates this section is guilty of carrying concealed weapons. Except as <br />otherwise provided in this division or divisions (f)(2), (6), and (7) of this section, carrying concealed <br />weapons in violation of division (a) of this section is a misdemeanor of the first degree. Except as <br />otherwise provided in this division or divisions (f)(2) , (6), and (7) of this section, if the offender <br />previously has been convicted of a violation of this section or of any offense of violence, if the <br />weapon involved is a firearm that is either loaded or for which the offender has ammunition ready <br />at hand, or if the weapon involved is dangerous ordnance, carrying concealed weapons in violation <br />of division (a) of this section is a felony of the fourth degree. Except as otherwise provided in <br />divisions (f)(2) and (6) of this section, if the offense is committed aboard an aircraft, or with purpose <br />to carry a concealed weapon aboard an aircraft, regardless of the weapon involved, carrying <br />concealed weapons in violation of division (a) of this section is a felony of the third degree. <br />(2) Except as provided in division (f)(6) of this section, if a person being arrested for a violation <br />of division (a)(2) of this section promptly produces a valid concealed handgun license, and if at the <br />time of the violation the person was not knowingly in a place described in Ohio R.C. 2923.126(B), <br />the officer shall not arrest the person for a violation of that division. If the person is not able to <br />promptly produce any concealed handgun license and if the person is not in a place described in that <br />section, the officer may arrest the person for a violation of that division, and the offender shall be <br />punished as follows: <br />A. The offender shall be guilty of a minor misdemeanor if both of the following apply: <br />1. Within ten days after the arrest, the offender presents a concealed handgun license, which <br />license was valid at the time of the arrest to the law enforcement agency that employs the arresting <br />officer. <br />2. At the time of the arrest, the offender was not knowingly in a place described in Ohio <br />R.C. 2923.126(B). <br />B. The offender shall be guilty of a misdemeanor and shall be fined five hundred dollars <br />($500.00) if all of the following apply: <br />1. The offender previously had been issued a concealed handgun license, and that license <br />expired within the two years immediately preceding the arrest. <br />2. Within forty-five days after the arrest, the offender presents a concealed handgun license <br />to the law enforcement agency that employed the arresting officer, and the offender waives in <br />writing the offender's right to a speedy trial on the charge of the violation that is provided in Ohio <br />R.C. 2945.71. <br />3. At the time of the commission of the offense, the offender was not knowingly in a place <br />described in Ohio R.C. 2923.126(B). <br />C. If divisions (f)(2)A. and B. and (f)(6) of this section do not apply, the offender shall be <br />punished under division (f)(1) or (7) of this section. <br />(3) Except as otherwise provided in this division, carrying concealed weapons in violation of <br />division (b)(1) of this section is a misdemeanor of the first degree, and, in addition to any other <br />penalty or sanction imposed for a violation of division (b)(1) of this section, the offender's concealed <br />handgun license shall be suspended pursuant to Ohio R.C. 2923.128(A)(2). If, at the time of the stop <br />of the offender for a law enforcement purpose that was the basis of the violation, any law <br />enforcement officer involved with the stop had actual knowledge that the offender has been issued <br />a concealed handgun license, carrying concealed weapons in violation of division (b)(1) of this <br />section is a minor misdemeanor, and the offender's concealed handgun license shall not be <br />suspended pursuant to Ohio R.C. 2923.128(A)(2). <br />(4) Carrying concealed weapons in violation of division (b)(2) or (4) of this section is a <br />misdemeanor of the first degree or, if the offender previously has been convicted of or pleaded guilty <br />to a violation of division (b)(2) or (4) of this section, a felony of the fifth degree. In addition to any <br />other penalty or sanction imposed for a misdemeanor violation of division (b)(2) or (4) of this <br />section, the offender's concealed handgun license shall be suspended pursuant to Ohio R.C. <br />2923.128(A)(2). <br />(5) Carrying concealed weapons in violation of division (b)(3) of this section is a felony of the <br />fifth degree. <br />(6) If a person being arrested for a violation of division (a)(2) of this section is an active duty <br />member of the armed forces of the United States and is carrying a valid military identification card <br />and documentation of successful completion of firearms training that meets or exceeds the training <br />
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