OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 178 Bill Analysis
133rd General Assembly
Click here for H.B. 178’s Fiscal Note
Version: As Re-Referred by House Rules and Reference
Primary Sponsors Reps. Hood and Brinkman
Effective Date:
Nicholas A. Keller, Attorney
SUMMARY
 Modifies the name “concealed handgun license” to “concealed weapons license.”
 Allows a person who is 21 or older and who is not prohibited under Ohio or federal law
from having a firearm to carry a concealed deadly weapon, other than a restricted
deadly weapon, without obtaining a concealed weapons license.
 Permits a person who has a concealed weapons license to carry concealed any deadly
weapon, other than a restricted deadly weapon, instead of only a handgun.
 Defines a “restricted deadly weapon” as a deadly weapon that is a restricted firearm or
that Ohio or federal law prohibits the person from having or carrying.
 Defines a “restricted firearm” as a firearm that is dangerous ordnance or that Ohio or
federal law prohibits the person from having or carrying.
 Eliminates the requirement that a concealed weapons licensee must carry a concealed
weapons license in order to carry a concealed deadly weapon, other than a restricted
deadly weapon.
 Eliminates requirements that a concealed handgun licensee or qualified military
member notify a law enforcement officer or motor carrier enforcement unit employee
that the person is authorized to carry a concealed handgun and is then carrying a
handgun when stopped.
 Permits expungement of convictions based on failure to comply with the notification
requirements described in the preceding dot point.
 Specifies that the mere fact that an otherwise law-abiding person carries or possesses a
deadly weapon, other than a restricted deadly weapon, does not constitute grounds for
any law enforcement officer or agent of the state or a local government to search, seize,
or detain the person, no matter how temporarily.
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 Expands state preemption of firearms regulation to include deadly weapons and firearm
accessories and attachments, instead of only firearms, their components, and their
ammunition.
 Specifies that if a person, board, or entity that owns or controls a place of worship or a
government facility does not post a sign prohibiting carry of a deadly weapon, it is
presumed that concealed carry of a deadly weapon is permitted.
DETAILED ANALYSIS
Elimination of concealed weapons license requirement
The bill permits a person who is 21 or older and who is not prohibited under Ohio or
federal law from having a firearm to carry a concealed deadly weapon, other than a restricted
deadly weapon, without obtaining a concealed weapons license (formerly “concealed handgun
license”). (See “Concealed weapons licenses,” below.) The bill specifies that a person
who does so must be deemed to have a concealed weapons license, unless the context clearly
indicates otherwise.1
As a result, the bill allows the following categories of persons who are not eligible for a
concealed weapons license to carry a concealed deadly weapon:2
 A person who is currently being charged with a felony, a misdemeanor drug offense, a
misdemeanor offense of violence, negligent assault, or falsification of a concealed
weapons license;
 A person who has been convicted of a misdemeanor drug offense or misdemeanor
assault of a peace officer;
 A person who, within the past ten years, has been convicted of misdemeanor resisting
arrest;
 A person who, within the past five years, has been convicted of two or more counts of
misdemeanor assault or negligent assault;
 A person who, within the past three years, has been convicted of falsification of a
concealed weapons license or of any misdemeanor offense of violence other than
resisting arrest, assault of a peace officer, or domestic violence;
 A person whose concealed weapons license is suspended because the person was
convicted of a specified misdemeanor offense involving an interaction with law
enforcement;
 A person who has not completed the required competency certification;
 A person who is not a resident of Ohio or employed in Ohio.
1 R.C. 2923.11(N)(2), 2923.111, and 2923.12.
2 R.C. 2923.125(D)(1), 2923.13(A), and 18 U.S.C. 922(g).
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Under the bill, a person who carries a concealed deadly weapon without a license is
subject to the same rights and restrictions that apply to a person who has a concealed weapons
license, including the continuing list of locations in which a person may not carry a concealed
deadly weapon and the continuing requirements concerning the person’s conduct with respect
to a law enforcement officer while the person is carrying a concealed deadly weapon.3
If the person later is banned by Ohio or federal law from possessing or receiving a
firearm, the person is no longer eligible to carry concealed in Ohio and the person is no longer
deemed to have been issued a concealed weapons license.4
Concealed weapons licenses
The bill allows a person who has a concealed weapons license to carry any concealed
deadly weapon, other than a restricted deadly weapon, instead of only a handgun. (See
“Weapons that may be carried concealed,” below.) The bill changes the name of the
license from “concealed handgun license” to “concealed weapons license.”5
Under the bill, a concealed weapons license or a license to carry a concealed weapon is
any of the following:6
 A license or temporary emergency license issued on or after the effective date of the act
that authorizes the licensee to carry a concealed deadly weapon, other than a restricted
deadly weapon;
 A license or temporary emergency license to carry a concealed handgun issued prior to
the effective date of the act that authorized the licensee to carry a concealed handgun
and that, on or after the effective date of the act, authorizes the licensee to carry a
concealed deadly weapon, other than a restricted deadly weapon;
 A license issued by another state with which the Attorney General has entered into a
reciprocity agreement that authorizes the licensee to carry a concealed handgun,
firearm, or deadly weapon.
The provisions of the bill apply to a concealed weapons license, a temporary emergency
license, or a license issued by another state, regardless of whether the license was issued,
renewed, suspended, revoked, denied, or expired before, on, or after the bill’s effective date.7
3R.C. 1547.69, 2923.11(N)(2), 2923.111, 2923.12, 2923.121, 2923.122, 2923.123, 2923.124(D),
2923.126, and 2923.16.
4 R.C. 2923.111(C)(2).
5R.C. 109.69, 109.731, 311.41, 311.42, 311.43, 1547.69, 2921.13, 2923.11, 2923.12, 2923.121,
2923.122, 2923.123, 2923.124, 2923.125, 2923.126, 2923.127, 2923.128, 2923.129, 2923.1210,
2923.1211, 2923.1213, 2923.16, and 2953.37.
6 R.C. 2923.11(N)(1) and (O).
7R.C. 109.69, 109.731, 311.41, 311.42, 2921.13, 2923.11, 2923.124, 2923.125, 2923.126, and
2923.1213.
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Weapons that may be carried concealed
Under the bill, a person who has a concealed weapons license or a person who qualifies
to carry a concealed deadly weapon without a license may carry any concealed deadly weapon
that is not a “restricted deadly weapon.”8 The bill defines a “restricted deadly weapon” as a
deadly weapon that is a restricted firearm or that Ohio or federal law prohibits the person from
having or carrying. The bill defines a “restricted firearm” as a firearm that is dangerous
ordnance or that Ohio or federal law prohibits the person from having or carrying.9
Continuing law defines “dangerous ordnance” to mean any of the following:10
 An automatic or sawed-off firearm, zip-gun, or ballistic knife;
 Any explosive device or incendiary device;
 Any of a list of specified explosives;
 Specified military-type weapons such as rocket launchers, mortars, grenades, or
torpedoes, and ammunition for those weapons;
 A firearm muffler or suppressor;
 Any combination of parts intended by the owner for use in converting a firearm or other
device into dangerous ordnance.
“Dangerous ordnance” does not include any of the following:11
 A firearm that employs an obsolete ignition system or that may be used only with black
powder;
 A pistol, rifle, or shotgun, other than an automatic or sawed-off firearm, that is designed
or suitable for sporting purposes, and its ammunition;
 Any pre-1887 style artillery piece that meets specified criteria and items used to fire it in
certain circumstances;
 Smokeless and black powder, primers, and percussion caps used as a propellant or
ignition device in small-arms or small-arms ammunition;
 Inoperable or inert dangerous ordnance that satisfies specified criteria;
 Any device expressly excepted from the definition of a destructive device pursuant to
the federal Gun Control Act of 1968;
 Any firearm with an overall length of at least 26 inches that is approved for sale by the
Federal Bureau of Alcohol, Tobacco, Firearms, and Explosives under the Gun Control Act
8 R.C. 2923.126(A) and (B) and 2923.1213.
9 R.C. 2923.11(S) and (T).
10 R.C. 2923.11(K).
11 R.C. 2923.11(L).
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of 1968, but that is found by the Bureau not to be regulated under the National
Firearms Act.
Eliminates requirement that a concealed weapons licensee must
carry a license
The bill eliminates the requirement that a concealed weapons licensee must carry a
concealed weapons license in order to carry a concealed deadly weapon, other than a
restricted deadly weapon. Under current law, a concealed handgun licensee may carry a
concealed handgun if the licensee also carries a valid concealed handgun license when the
licensee is in actual possession of the concealed handgun.12
Eliminates certain notification requirements
The bill eliminates the requirement that a concealed handgun licensee (under the bill a
“concealed weapons licensee”) must promptly notify a law enforcement officer when stopped
that the person is a licensee and is then carrying a concealed handgun.13 The bill eliminates a
similar requirement that a licensee or qualified military member who is the driver or occupant
of a motor vehicle notify an officer when stopped for a traffic violation or other law
enforcement purpose that the person is authorized to carry a concealed handgun and is then
carrying a handgun.14 Additionally, the bill eliminates the requirement that a licensee or
qualified military member who is a driver or occupant of a commercial motor vehicle notify an
employee of the motor carrier enforcement unit when stopped that the person is a licensee or
authorized to carry a concealed handgun and has a loaded handgun in the vehicle. 15
In eliminating the notification requirements described above, the bill also removes the
criminal penalties associated with failure to follow those requirements. Under current law, a
violation of the notification requirements is generally a first degree misdemeanor and results in
suspension of the licensee’s concealed handgun license unless the law enforcement officer had
actual knowledge that the person was a licensee, in which case the violation is a minor
misdemeanor and the license is not suspended.16
Under the bill, a person who has been convicted of or pleaded guilty to a violation of the
notification requirements as they existed prior to the bill’s effective date may request that
records related to that conviction be expunged. Under continuing law, the person seeking
expungement must apply to the sentencing court for the expungement of the record of
conviction.17
12R.C. 1547.69(H)(2), 2923.12(C)(2), 2923.121(B)(1)(d) and (e), 2923.122(D)(3), 2923.123(C)(6),
2923.126(A), and 2923.16(F)(5) and (L).
13 R.C. 2923.12(B)(1) and 2923.126(A).
14 R.C. 2923.126(A) and 2923.16(E)(1).
15 R.C. 2923.126(A) and 2923.16(E)(2).
16 R.C. 2923.12(F)(3), 2923.128, and 2923.16(I).
17 R.C. 2923.12(E)(2), 2923.16(H)(2), and 2953.37.
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Search, seizure, or detention of a person carrying a deadly
weapon
The bill specifies that the mere fact that an otherwise law-abiding person carries or
possesses a deadly weapon, other than a restricted deadly weapon, does not constitute
grounds for any law enforcement officer or agent of the state or a local government to search,
seize, or detain the person, no matter how temporarily. This provision applies to a person who
has a concealed weapons license or to a person who is exempt under the bill from being
required to obtain a license.18
State preemption
The bill expands state preemption of firearms regulation to include deadly weapons and
firearm accessories and attachments. Under current law, state preemption of firearms
regulation only includes firearms, their components, and their ammunition.
The expansion of state preemption applies to both of the following:19
 The General Assembly’s need to regulate the ownership, possession, purchase, other
acquisition, transport, storage, carrying, sale, other transfer, manufacture, taxation,
keeping, and reporting of loss or theft of deadly weapons, including firearms and their
components, accessories, attachments, and ammunition.
 Except as otherwise provided by the United States Constitution, the Ohio Constitution,
state law, or federal law, the right of a person, without further license, permission,
restriction, delay, or process, including by any ordinance, rule, regulation, resolution,
practice, or other action or threat of citation, prosecution, or other legal process, to
own, possess, purchase, acquire, transport, store, carry, sell, transfer, manufacture,
keep, or legitimately use deadly weapons, including firearms and their components,
accessories, attachments, and ammunition.
Under current law, certain zoning ordinances are exempt from state preemption. The
expansion of state preemption also applies to those exempt zoning ordinances as follows:20
 A zoning ordinance that regulates or prohibits the commercial sale of deadly weapons,
including firearms, their components, and their ammunition, in areas zoned for
residential or agricultural use.
 A zoning ordinance that specifies the hours of operation or the geographic areas where
the commercial sale of deadly weapons, including firearms, their components, and their
ammunition, may occur, provided that the zoning ordinance is consistent with zoning
ordinances for other retail establishments in the same geographic area and does not
18 R.C. 2923.111(B).
19 R.C. 9.68(A) and (C).
20 R.C. 9.68(D).
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result in a de facto prohibition of the commercial sale of deadly weapons, including
firearms, their components, and their ammunition.
The bill amends the current version of R.C. 9.68 and the version of R.C. 9.68 that is
scheduled to take effect on December 28, 2019, to continue the provisions of the act on or
after that effective date.21
Posting signs prohibiting carry of a deadly weapon
The bill provides that if a person, board, or entity that owns or controls a place of
worship or a government facility, as a place that may permit a licensee to carry a concealed
deadly weapon, does not post a sign prohibiting c