OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 227 Bill Analysis
134th General Assembly
Click here for H.B. 227’s Fiscal Note
Version: As Passed by the House
Primary Sponsors: Reps. Brinkman and Jordan
Effective Date:
Sarah A. Maki, Attorney
SUMMARY
 Allows a person who is at least 21 years of age and is not prohibited under the law of
the state or the United States from possessing a firearm to carry a firearm without
obtaining a concealed handgun license.
 Eliminates the requirement that a concealed handgun licensee must carry a concealed
handgun license in order to carry a concealed handgun, and instead requires that the
person has been issued a concealed handgun license that is valid at the time of the
carrying or possession.
 Eliminates the requirement that an active duty member of the armed forces must carry
a valid military identification and documentation of successful completion of firearms
training, and instead requires that the active duty member has been issued such valid
military identification and documentation.
 Eliminates the penalties for carrying concealed weapons associated with a concealed
handgun licensee producing a concealed handgun license and an active duty member
producing a valid military identification card and documentation of successful
completion of firearms training.
 Provides that the penalty for carrying concealed weapons is a minor misdemeanor if the
offender is a concealed handgun licensee, an active duty member, or a person who is at
least 21 years of age and is not prohibited under the law of the state or the United
States from possessing a firearm.
 Modifies the duty of a concealed handgun licensee, active duty member, or person who
is at least 21 years of age and is not prohibited under the law of the state or the United
States from possessing a firearm to make certain disclosures to a law enforcement
officer or motor carrier enforcement unit employee if the person is stopped and is
carrying a concealed handgun or, if in a motor vehicle, has a loaded handgun in the
vehicle.
July 14, 2022
Office of Research and Drafting LSC Legislative Budget Office
 Requires the concealed handgun licensee, active duty member, or person who is at least
21 years of age and is not prohibited under the law of the state or the United States
from possessing a firearm, before or at the time the law enforcement officer or motor
carrier unit employee asks if the person is carrying a concealed handgun, to disclose that
the person is carrying a concealed handgun or, if in a motor vehicle, that there is a
loaded handgun in the vehicle.
 Eliminates the penalty for a violation of the duty to notify.
 Allows an applicant for a concealed handgun license, a temporary emergency concealed
handgun license, or a renewal of a concealed handgun license who is a resident of the
state to apply to the sheriff of any county, instead of only to the sheriff of the
applicant’s county of residence or an adjacent county.
 Allows a sheriff to provide up to eight hours during which the sheriff accepts concealed
handgun applications or renewal applications only from county residents and provides
information on concealed handgun applications only to county residents.
 For each hour provided in the preceding dot point, the sheriff must provide an
additional hour each week during which the sheriff accepts concealed handgun
applications or renewal applications from any person and provides information on
concealed handgun applications to any person.
 Allows the sheriff to expend the fees deposited into the sheriff’s concealed handgun
license issuance expense fund for either of the following:
 Any costs incurred for nonlethal weapons and supplies to be used by the sheriff or
the sheriff’s employees, including costs incurred for training on the use of nonlethal
weapons;
 Any costs incurred for a sheriff’s employee to attend a basic peace officer training
academy or a basic correction officer academy approved by the Ohio peace officer
training commission.
DETAILED ANALYSIS
Eliminates requirement that a license must be obtained
The bill allows a person who is at least 21 years of age and who is not prohibited under
the law of the state or the United States from possessing a firearm to carry a firearm without
obtaining a concealed handgun license.1 The person has the same right to carry a concealed
handgun in the state as a person who was issued a concealed handgun license and is subject to
the same restrictions.2
1 R.C. 1547.69(H)(2), 2923.12(C)(2), 2923.121(B)(1)(d) and (f), 2923.122(D)(3), 2923.123(C)(6),
2923.1210(A), and 2923.16(F)(5) and (L).
2 R.C. 2923.126(E)(4).
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As Passed by the House
Office of Research and Drafting LSC Legislative Budget Office
The bill provides that the availability of a concealed handgun license should not be
construed to prohibit or restrict a person from possessing, carrying, or transporting a firearm in
a vehicle or on or about the person’s person, whether concealed or unconcealed, loaded or
unloaded, without a valid concealed handgun license if the possession, carrying, or transport in
the manner in question is otherwise permitted by law.3
Eliminates requirement that a license must be carried
The bill eliminates the requirement that a concealed handgun licensee must carry a
concealed handgun license in order to carry a concealed handgun. Instead, the bill requires that
the person has been issued a concealed handgun license that is valid at the time of the carrying
or possession.
The bill also eliminates the requirement that an active duty member of the armed forces
must carry a valid military identification and documentation of successful completion of
firearms training that meets or exceeds the training requirements for a concealed handgun
licensee. Instead, the bill requires that the active duty member of the armed forces has been
issued a valid military identification and documentation of successful completion of firearms
training that meets or exceeds the training requirements for a concealed handgun license that
are valid at the time of the carrying or possession.4
Modifies carrying concealed weapons penalties
Under current law, the offense of “carrying concealed weapons” prohibits a person from
knowingly carrying or having, concealed on the person’s person or concealed ready at hand,
any of the following:5
1. A deadly weapon other than a handgun;
2. A handgun other than a dangerous ordnance;
3. A dangerous ordnance.
The bill modifies the carrying concealed weapons penalties in two ways. First, the bill
modifies the penalty for carrying concealed weapons to a minor misdemeanor if the offender is
a concealed handgun licensee and has been issued a concealed handgun license that is valid at
the time of the violation, is an active duty member of the armed forces and has been issued a
valid military identification and documentation of successful completion of firearms training
that meets or exceeds the training requirements for a concealed handgun license that are valid
at the time of the carrying or possession, or is at least 21 years of age and is not prohibited
under the law of this state or the United States from possessing a firearm.
3 R.C. 2923.125(J) and 2923.1213(J).
4 R.C. 1547.69(H)(2), 2923.12(C)(2), 2923.121(B)(1)(d) and (f), 2923.122(D)(3), 2923.123(C)(6),
2923.126(A), (D), (E)(2), and (F)(1), 2923.1213(C), and 2923.16(F)(5) and (L).
5 R.C. 2923.12(A).
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As Passed by the House
Office of Research and Drafting LSC Legislative Budget Office
Second, the bill eliminates the carrying concealed weapons penalties associated with a
concealed handgun licensee producing a concealed handgun license and an active duty
member producing a valid military identification card and documentation of successful
completion of firearms training that meets or exceeds the training requirements for a
concealed handgun license.6
Current law penalties for concealed handgun licensee
Under current law, if a person being arrested for carrying a concealed handgun
promptly produces a valid concealed handgun license, and if at the time of the violation the
person was not knowingly in an unauthorized place, the officer must not arrest the person for a
violation. If the person is not able to promptly produce a concealed handgun license and if the
person is not in an unauthorized place, the officer may arrest the person for a violation, and the
offender must be punished as follows:7
 The offender is guilty of a minor misdemeanor if both of the following apply:
 Within ten days after the arrest, the offender presents a concealed handgun license,
which license was valid at the time of the arrest to the law enforcement agency that
employs the arresting officer.
 At the time of the arrest, the offender was not knowingly in an unauthorized place.
 The offender is guilty of a misdemeanor and will be fined $500 if all of the following
apply:
 The offender previously had been issued a concealed handgun license, and that
license expired within the two years immediately preceding the arrest.
 Within 45 days after the arrest, the offender presents a concealed handgun license
to the law enforcement agency that employed the arresting officer, and the
offender waives in writing the offender’s right to a speedy trial on the charge of the
violation.
 At the time of the commission of the offense, the offender was not knowingly in an
unauthorized place.
Current law penalties for active duty military members
Under current law, if a person is being arrested for carrying a concealed handgun, is an
active duty military member, and is carrying a valid military identification and documentation of
successful completion of firearms training that meets or exceeds the training requirements for
a concealed handgun license, and if at the time of the violation the person was not knowingly in
an unauthorized place, the officer must not arrest the person for a violation. If the person is not
able to promptly produce a valid military identification and documentation of successful
completion of firearms training that meets or exceeds the training requirements for a
6 R.C. 2923.12(F)(1) and (2).
7 R.C. 2923.12(F)(2), repealed by the bill, and 2923.126(B).
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As Passed by the House
Office of Research and Drafting LSC Legislative Budget Office
concealed handgun license and if the person is not in an unauthorized place, the officer must
issue a citation and the offender will be assessed a civil penalty of not more than $500. The
citation must be automatically dismissed and the civil penalty must not be assessed if both of
the following apply:8
 Within ten days after the issuance of the citation, the offender presents a valid military
identification and documentation of successful completion of firearms training that
meets or exceeds the training requirements for a concealed handgun license, which
were both valid at the time of the issuance of the citation to the law enforcement
agency that employs the citing officer.
 At the time of the citation, the offender was not knowingly in an unauthorized place.
Current law penalties for carrying on institution of higher education
premises
Under current law, if a person is being arrested for carrying a concealed handgun and is
knowingly on premises owned or leased by any public or private institution of higher education
and is not authorized to carry a handgun or have a handgun concealed on the person’s person
or concealed ready at hand on those premises, the penalty must be as follows: 9
 If the person produces a valid concealed handgun license within ten days after the
arrest and has not been previously convicted of or pleaded guilty to carrying a
concealed handgun, the person is guilty of a minor misdemeanor.
 If the person has been previously convicted of or pleaded guilty to carrying a concealed
handgun, the person is guilty of a fourth degree misdemeanor.
 If the person has been previously convicted of or pleaded guilty to two violations of
carrying a concealed handgun, the person is guilty of a third degree misdemeanor.
 If the person has previously been convicted of or pleaded guilty to three or more
violations of carrying a concealed handgun, the person is guilty of a second degree
misdemeanor.
Modifies requirement that a licensee has a duty to notify
Stop
Under the bill, a person who has been issued a concealed handgun license or is at least
21 years of age and is not prohibited under the law of the state or the United States from
possessing a firearm and who is stopped for a law enforcement purpose and is carrying a
concealed handgun, before or at the time a law enforcement officer asks if the person is
carrying a concealed handgun, the person must disclose that the person then is carrying a
concealed handgun.
8 R.C. 2923.12(F)(6), repealed by the bill, and 2923.126(B).
9 R.C. 2923.12(F)(7), repealed by the bill, and 2923.126(B)(5).
P a g e |5 H.B. 227
As Passed by the House
Office of Research and Drafting LSC Legislative Budget Office
Under current law, a concealed handgun licensee must promptly inform any law
enforcement officer who approaches the person after the person has been stopped that the
person has been issued a concealed handgun license and that the person then is carrying a
concealed handgun.10
Motor vehicle stop
Under the bill, a person who has been issued a concealed handgun license, is an active
duty member of the armed forces and has been issued a valid military identification card and
documentation of successful completion of firearms training that meets or exceeds the training
requirements for a concealed handgun license, or is at least 21 years of age and is not
prohibited under the law of the state or the United States from possessing a firearm and who is
the driver or occupant of a motor vehicle stopped for a law enforcement purpose or the driver
or occupant of a commercial motor vehicle stopped for a specified purpose and is transporting
or has a loaded handgun in the motor vehicle, before or at the time a law enforcement officer
or motor carrier enforcement unit employee asks if the person is carrying a concealed handgun,
the person must disclose that the person then possesses or has a loaded handgun in the motor
vehicle.
Under current law, a concealed handgun licensee or active duty member must promptly
inform any law enforcement officer or motor carrier enforcement unit employee who
approaches the person after the person has been stopped that the person has been issued a
concealed handgun license or is authorized to carry a concealed handgun as an active duty
member and that the person then possesses or has a loaded handgun in the motor vehicle.11
Penalty for failure to comply with duty to notify
The bill eliminates the penalty for a violation of the above duty to notify. Under current
law, the penalty is generally a first degree misdemeanor and the person’s concealed handgun
license is generally suspended. But, if the law enforcement officer or motor carrier enforcement
unit employee had actual knowledge that the person was a concealed handgun licensee, the
penalty is a minor misdemeanor and the license is not suspended.12
Duty to notify and other law enforcement duties
The bill retains the duty to notify provisions above and other law enforcement duties
not amended by the bill, but eliminates substantially equivalent language found elsewhere in
the Revised Code.13
10 R.C. 2923.12(B)(1).
11 R.C. 2923.16(E)(1) and (2).
12 R.C. 2923.12(F)(3), repealed by the bill, 2923.128(A), and 2923.16(I).
13 R.C. 2923.126(A).
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