OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 272 Bill Analysis
135th General Assembly
Click here for H.B. 272’s Fiscal Note
Version: As Passed by the House
Primary Sponsors: Reps. Matthews and Pizzulli
Effective date:
Nicholas A. Keller, Attorney
SUMMARY
Illegal conveyance, possession, or control in a courthouse or
another building or structure
Creates an exception to the prohibition on illegal conveyance, possession, or control of a
handgun into a building or structure in which a courtroom is located for concealed
handgun licensees and qualifying adults.
Specifies the requirements that must be met in order for the exception to apply.
Relief from weapons disability
Requires, if a person is prohibited from carrying firearms and is not an Ohio resident,
and the prohibition is based on an indictment, a conviction of or plea of guilty to an
offense, or a delinquent child adjudication, that an application for relief be filed in the
county in which the conviction, guilty plea, or adjudication occurred.
Adds “guilty plea” to the Relief from Weapons Disability Law that currently refers to “an
indictment, conviction, or adjudication.”
DETAILED ANALYSIS
Illegal conveyance, possession, or control in a courthouse or
another building or structure
Under current law, the offense of “illegal conveyance of a deadly weapon or dangerous
ordnance into a courthouse” prohibits a person from knowingly conveying or attempting to
January 4, 2024
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convey a deadly weapon or dangerous ordnance into a courthouse or another building or
structure in which a courtroom is located.1
Under current law, the offense of “illegal possession or control of a deadly weapon or
dangerous ordnance in a courthouse” prohibits a person from knowingly possessing or having
under the person’s control a deadly weapon or dangerous ordnance in a courthouse or in
another building or structure in which a courtroom is located.2
Generally the penalty for a violation of either prohibition is a fifth degree felony. If the
offender previously has been convicted of a violation of either prohibition, the penalty for a
violation of the offense is a fourth degree felony.3
Exception for carrying in a building or structure in which a
courtroom is located
The bill creates an exception to the above offenses for a concealed handgun licensee or
qualifying adult who conveys or attempts to convey a handgun into a building or structure in
which a courtroom is located or possesses or has under the person’s control a handgun in a
building or structure in which a courtroom is located. The person must have been issued a
concealed handgun license that is valid at the time of the conveyance, possession, or control or
must be a qualifying adult (a person who engages in constitutional carry) at the time of the
conveyance, possession, or control, and all of the following must apply:4
The building or structure in which the courtroom is located is not a courthouse.
The building or structure in which the courtroom is located is a government facility of
this state or a political subdivision of this state.
The court and the office of the clerk of courts are not in operation at the time of the
conveyance, possession, or control.
The governing body with control over the building or structure in which the courtroom
is located has enacted a statute, ordinance, or policy that permits a concealed handgun
licensee or qualifying adult to convey, possess, or control a handgun into the building or
structure in which the courtroom is located.
Definitions
The bill uses the following definitions:
“Governing body” means:5
1 R.C. 2923.123(A) and (D)(1).
2 R.C. 2923.123(B) and (D)(2).
3 R.C. 2923.123(D)(1) and (2).
4 R.C. 2923.111, not in the bill, and 2923.123(C)(7).
5 R.C. 154.01(G), not in the bill, and 2923.123(F)(1).
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In the case of institutions of higher education, the board of trustees, the board of
directors, commission, or other body vested by law with the general management,
conduct, and control of one or more institutions of higher education;
In the case of a county, the board of county commissioners or other legislative body;
in the case of a municipal corporation, the counsel or other legislative body; in the
case of a township, the board of township trustees; in the case of a school district,
the board of education;
In the case of any other governmental agency, the officer, board, commission,
authority, or other body having the general management thereof or having
jurisdiction or authority in the particular circumstances.
“Government facility of the state or political subdivision of the state” means any of the
following:6
A building or part of a building that is owned or leased by the government of this
state or a political subdivision of this state and where employees of the government
of this state or the political subdivision regularly are present for the purpose of
performing their official duties as employees of the state or political subdivision;
The office of the deputy registrar serving pursuant to R.C. Chapter 4503 that is used
to perform deputy registrar functions.
Relief from weapons disability
Subject to certain exceptions, a person who is prohibited from acquiring, having,
carrying, or using firearms may apply to the court of common pleas for relief from such a
prohibition. A person who has been convicted of or pleaded guilty to “unlawful use of a weapon
by a violent career criminal” or a person who, two or more times, has been convicted of or
pleaded guilty to a felony and a specified firearm specification is not eligible to apply for relief
from such a prohibition.7
Filing for out-of-state residents
The bill requires that if the person is not an Ohio resident and the prohibition is based
on an indictment, a conviction of or plea of guilty to an offense, or a delinquent child
adjudication, an application for relief from the prohibition must be filed in the court of common
pleas of the county in which the indictment was entered or in which the conviction, guilty plea,
or adjudication occurred. Under current law, if the person is an Ohio resident, an application for
relief from the prohibition must be filed in the court of common pleas of the county in which
the person resides.8
6 R.C. 2923.123(F)(2) and 2923.126(G)(3), not in the bill.
7 R.C. 2923.14(A), 2923.132, 2941.141, 2941.144, 2941.145, 2941.146, 2941.1412, and 2941.1424, not in
the bill.
8 R.C. 2923.14(A).
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As Passed by the House
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Addition of “guilty plea”
The bill adds “guilty plea” to the Relief from Weapons Disability Law that currently
refers to an “indictment, conviction, or adjudication.”9
Application for relief from weapons disability
The application for relief from weapons disability must recite the following: 10
All indictments, convictions or guilty pleas (added by the bill), or adjudications upon
which the applicant’s disability is based, the sentence imposed and served, and any
release granted under a community control sanction, post-release control sanction, or
parole, any partial or conditional pardon granted, or other disposition of each case, or, if
the disability is based upon a factor other than an indictment, a conviction or guilty plea
(added by the bill), or an adjudication, the factor upon which the disability is based and
all details relating to that factor;
Facts showing the applicant to be a fit subject for relief.
Granting the application for relief
The court, upon a hearing, may grant the applicant relief from weapons disability, if all
of the following apply:11
(a) If the disability is based on upon an indictment, a conviction or guilty plea (added by
the bill), or an adjudication, the applicant has been fully discharged from imprisonment,
community control, post-release control, and parole, or, if the applicant is under
indictment, has been released on bail or recognizance or (b) if the disability is based
upon a factor other than an indictment, a conviction or guilty plea (added by the bill), or
an adjudication, that factor no longer is applicable to the applicant;
The applicant has led a law-abiding life since the discharge or release, and appears likely
to continue to do so;
The applicant is not otherwise prohibited by law from acquiring, having, or using
firearms.
Relief from disability
Relief from weapons disability restores the applicant to all civil firearms rights to the full
extent enjoyed by any citizen, and is subject to the following conditions:12
9 R.C. 2923.14(B), (D), and (F).
10 R.C. 2923.14(B).
11 R.C. 2923.14(D).
12 R.C. 2923.14(F).
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As Passed by the House
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Applies only with respect to the indictments, convictions or guilty pleas (added by the
bill), or adjudications, or to the other factor recited in the application as the basis for the
applicant’s disability;
Applies only with respect to firearms lawfully acquired, possessed, carried, or used by
the applicant;
May be revoked by the court at any time for good cause shown and upon notice to the
applicant;
Is automatically void upon having violated the offense of “having weapons while under
disability.”
HISTORY
Action Date
Introduced 09-18-23
Reported, H. Government Oversight 11-15-23
Passed House (57-29) 12-06-23
ANHB0272PH-135/ts
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As Passed by the House
Statutes affected: As Introduced: 2923.123
As Reported By House Committee: 2923.123, 2923.14
As Passed By House: 2923.123, 2923.14