OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 522 Bill Analysis
135th General Assembly
Click here for H.B. 522’s Fiscal Note
Version: As Introduced
Primary Sponsors: Reps. Willis and Williams
Effective date:
Sarah A. Maki, Attorney
SUMMARY
Having weapons under disability
 Except as provided in the below dot point, modifies the penalties for “having weapons
while under disability” from a third degree felony to a fourth degree felony or a third
degree felony if the offender has previously been convicted of or pleaded guilty to the
offense.
 Modifies the penalties for “having weapons while under disability” relating to an
indictment for or conviction of a felony offense of violence from a third degree felony to
a third degree felony with a presumption of a prison term or a second degree felony if
the offender has previously been convicted of or pleaded guilty to the offense.
Relief from disability
 Expands who may receive relief from weapons disability to include persons under a
federal weapons disability, persons prohibited from obtaining a concealed handgun
license, and persons prohibited from carrying a concealed handgun as a qualifying adult.
 Allows a non-Ohio resident whose disability is based on an indictment, conviction or
guilty plea, or delinquent child adjudication to file for relief from disability in the county
in which the indictment was entered or in which the conviction, guilty plea, or
adjudication occurred.
 Expands who may not receive relief from disability to include persons who, two or more
times, have been convicted of or pleaded guilty to a felony and a repeat offender
specification.
Firearm specifications
 Increases the mandatory prison term for a firearm specification relating to an automatic
firearm or muffler or suppressor from a 6-year mandatory prison term to a 10-year
mandatory prison term.
May 13, 2024
Office of Research and Drafting LSC Legislative Budget Office
 Increases the mandatory prison term for a firearm specification relating to an automatic
firearm or muffler or suppressor from a 9-year mandatory prison term to a 15-year
mandatory prison term if the offender previously has been convicted of or pleaded
guilty to a specified firearm specification.
 Increases the mandatory prison term for a firearm specification relating to displaying or
brandishing a firearm from a 54-month mandatory prison term to a 5-year mandatory
prison term if the offender previously has been convicted of or pleaded guilty to a
specified firearm specification.
 Creates a 5-year mandatory prison term for a firearm specification relating to improper
discharge of a firearm while committing an offense.
 Increases the mandatory prison term for a firearm specification relating to improper
discharge of a firearm from a motor vehicle from a 5-year mandatory prison term to a
7-year mandatory prison term.
Repeat offender
 Creates a repeat offender classification based on a person’s current commission of or
complicity in committing a specified offense involving a firearm and a repeated
commission or complicity in committing a specified offense involving a firearm.
 Requires a mandatory 3-, 4-, or 5-year prison term for a repeat offender specification.
 Allows the court to consider sealed juvenile records for purposes of determining
whether a child, for a future criminal conviction or guilty plea, is a repeat offender.
 Prohibits a court from considering a previous adjudication of a person as a delinquent
child or juvenile traffic offender for purposes of determining whether the person is a
repeat offender.
Automatic sealing of conviction records for fourth and fifth
degree felonies
 If a person is convicted of or pleads guilty to a fourth or fifth degree felony on or after
the effective date of the bill, requires a sentencing court to automatically seal conviction
records for fourth or fifth degree felonies in specified circumstances.
 Requires the sentencing court to notify the offender, prosecutor, victim, and victim’s
representative that the offender is eligible to have the offender’s record of conviction
sealed.
 Allows the prosecutor or victim to object to the sealing of the record of conviction not
later than 14 days prior to the date that the offender is eligible to have the offender’s
record sealed.
 If the prosecutor or victim does not object to the sealing of the record of conviction,
requires the sentencing court to automatically seal the offender’s record of conviction
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for the fourth or fifth degree felony if the sentencing court determines that specified
requirements are met.
 If the prosecutor or victim does object to the sealing of the record of conviction,
requires the sentencing court to automatically seal the offender’s record of conviction
for the fourth or fifth degree felony if the following apply:
 The sentencing court determines that specified requirements are met;
 The interest of the offender in having the records pertaining to the offender’s record
of conviction sealed is not substantially outweighed by any legitimate governmental
needs to maintain those records.
 Requires a sentencing court to notify the offender and prosecutor of its decision to issue
a sealing order or not to issue a sealing order.
Name of the act
 Names the act the Repeat Offender Act.
TABLE OF CONTENTS
Having weapons while under disability .......................................................................................... 4
Offense ........................................................................................................................................ 4
Penalty ......................................................................................................................................... 5
Relief from disability ................................................................................................................... 5
Relief eligibility ....................................................................................................................... 5
Exception to eligibility ............................................................................................................ 6
Concealed handgun license .................................................................................................... 6
Firearm specifications ..................................................................................................................... 7
Firearm on or about the offender’s person ................................................................................ 7
First conviction ....................................................................................................................... 7
Prior conviction....................................................................................................................... 7
Automatic firearm or muffler or suppressor .............................................................................. 7
First conviction ....................................................................................................................... 8
Prior conviction....................................................................................................................... 8
Displayed or brandished the firearm .......................................................................................... 8
First conviction ....................................................................................................................... 8
Prior conviction....................................................................................................................... 9
Improperly discharging a firearm ................................................................................................ 9
Specified firearm specifications ................................................................................................ 10
Repeat offender ............................................................................................................................ 11
Classification .............................................................................................................................. 11
Definitions ................................................................................................................................. 11
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Firearm specification – repeat offender ................................................................................... 12
Sealed juvenile records ............................................................................................................. 13
Prior adjudication not a conviction ........................................................................................... 13
Automatic sealing of conviction records for fourth or fifth degree felonies ............................... 13
Eligibility .................................................................................................................................... 13
Notification of eligibility ............................................................................................................ 13
Objection ................................................................................................................................... 14
Requirements for sealing .......................................................................................................... 15
Criteria for sealing ..................................................................................................................... 15
Sealing order ............................................................................................................................. 15
Notification of decision ............................................................................................................. 16
Cross references ........................................................................................................................ 16
Name of the act ............................................................................................................................ 16
DETAILED ANALYSIS
Having weapons while under disability
Offense
Under current law, the offense of “having weapons while under disability” prohibits a
person, unless relieved from disability under operation of law or legal process, from knowingly
acquiring, having, carrying, or using any firearm or dangerous ordnance, if any of the following
apply:1
1. The person is a fugitive from justice.
2. The person is under indictment for or has been convicted of any felony offense of
violence or has been adjudicated a delinquent child for the commission of an offense
that, if committed by an adult, would have been a felony offense of violence.
3. The person is under indictment for or has been convicted of any felony offense involving
the illegal possession, use, sale, administration, distribution, or trafficking in any drug of
abuse or has been adjudicated a delinquent child for the commission of an offense that,
if committed by an adult, would have been a felony offense involving the illegal
possession, use, sale, administration, distribution, or trafficking in any drug of abuse.
4. The person has a drug dependency, is in danger of drug dependence, or has chronic
alcoholism.
5. The person is under adjudication of mental incompetence, has been committed to a
mental institution, has been found by a court to be a person with a mental illness
1 R.C. 2923.13(A).
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subject to court order, or is an involuntary patient, other than one who is a patient only
for purposes of observation.
Penalty
The bill modifies the penalties for a violation of having weapons while under disability.
Under the bill, a violation of (1), (3), (4), or (5) above is a fourth degree felony.2 If the offender
has previously been convicted of or pleaded guilty to having weapons while under disability,
the penalty is a third degree felony.3
Under the bill, for a violation of (2) above, the penalty is a third degree felony and there
is a presumption that a prison term will be imposed on the offender.4 If the offender has
previously been convicted of or pleaded guilty to having weapons while under disability, the
penalty is a second degree felony.5
Under current law, the penalty for a violation of having weapons while under disability
is a third degree felony.6
Relief from disability
Relief eligibility
The bill expands who may receive relief from weapons disability. Under the bill, any of
the following persons who are prohibited from carrying firearms, openly or concealed, may
apply to the court of common pleas (see below) for relief from such prohibition:7
 Any person who is prohibited from acquiring, having, carrying, or using firearms under
the offense of “having weapons while under disability.”
 Any person who is prohibited from shipping, transporting, receiving, or possessing
firearms in interstate or foreign commerce under federal law.
 Any person who is prohibited from obtaining a concealed handgun license or a
concealed handgun license on a temporary emergency basis.
 Any person who is prohibited from carrying a concealed handgun as a qualifying adult.
The bill requires an application for relief from the prohibition be filed in the court of
common pleas of the county in which the person resides or, if the person is not a resident of
Ohio and the prohibition is based on an indictment, a conviction of or plea of guilty to an
2 R.C. 2923.13(B)(2).
3 R.C. 2923.13(B)(4).
4 R.C. 2923.13(B)(3) and 2929.13(D)(1).
5 R.C. 2923.13(B)(5).
6 R.C. 2923.13(B).
7 R.C. 2923.14(A)(1)(a), by reference to R.C. 2923.13 and 2923.125(D)(1)(e), (f), or (h) and 18 United
States Code 922(g), not in the bill.
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offense, or a delinquent child adjudication, in the county in which the indictment was entered
or in which the conviction, guilty plea, or adjudication occurred.8 The bill makes conforming
changes by adding the term “guilty plea” throughout the relief from disability section.9
Under current law, any person who is prohibited from acquiring, having, carrying, or
using firearms may apply to the court of common pleas in the county in which the person
resides for relief from such prohibition.10
Exception to eligibility
The bill expands who may not receive relief from weapons disability to include a person
who, two or more times, has been convicted of or pleaded guilty to a felony and a repeat
offender specification (see, “Repeat offender specification,” below). Under current law,
a person is ineligible for relief from disability if either of the following apply: 11
 The person has been convicted of or pleaded guilty to a violation of “unlawful use of a
weapon by a violent career criminal.”
 The person has, two or more times, been convicted of or pleaded guilty to a felony and
a specification of the type described below:12
 Firearm on or about the offender’s person;
 Automatic firearm or muffler or suppressor;
 Displayed or brandished a firearm;
 Improperly discharging a firearm;
 Discharge of a firearm at a peace office or corrections officer;
 Violent career criminal.
Concealed handgun license
The