OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
S.B. 215 Final Analysis
134th General Assembly
Click here for S.B. 215’s Fiscal Note
Primary Sponsor: Sen. Johnson
Effective date: June 13, 2022
Effective Date:
Sarah A. Maki, Attorney
SUMMARY
Provides that a person who is a “qualifying adult” is not required to obtain a concealed
handgun license in order to carry a concealed handgun that is not a “restricted
firearm.”
Defines “qualifying adult” as a person who is 21 years of age or older, is not legally
prohibited from possessing or receiving a firearm under specified federal or state law,
and satisfies specified criteria necessary to obtain a concealed handgun license.
Defines “restricted firearm” as a firearm that is dangerous ordnance or that is a
firearm that any law of this state prohibits the person from possessing, having, or
carrying.
States that references to a concealed handgun and a concealed handgun licensee
apply to a qualifying adult, unless the context clearly indicates otherwise.
States that references to the expiration, suspension, and revocation of a concealed
handgun license do not apply to a qualifying adult, unless the person has been issued
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.
Modifies the duty to notify by providing that, before or at the time a law enforcement
officer asks if a person is carrying a concealed handgun, the person must disclose that
the person is carrying a handgun, unless the person has already notified another law
enforcement officer of that fact.
Modifies the penalty for failure to comply with the duty to notify to a second degree
misdemeanor.
Permits expungement of convictions based on failure to comply with the duty to
notify.
April 25, 2022
Office of Research and Drafting LSC Legislative Budget Office
DETAILED ANALYSIS
Eliminates requirement that a concealed handgun license must
be obtained
The act provides that a person who is a “qualifying adult” is not required to obtain a
concealed handgun license in order to carry a concealed handgun that is not a “restricted
firearm.” Regardless of whether the person has been issued a concealed handgun license, a
person who is a qualifying adult may carry a concealed handgun that is not a restricted firearm
anywhere in this state in which a person who has been issued a concealed handgun license may
carry a concealed handgun. The right of a person who is a qualifying adult to carry a concealed
handgun that is not a restricted firearm is that same right as granted to a person who has been
issued a concealed handgun license, and a qualifying adult who is granted the right is subject to
the same restrictions as apply to a person who has been issued a concealed handgun license.1
The act specifies that if a person is a qualifying adult, and the person thereafter comes
within any category of persons prohibited from possessing or receiving a firearm under specified
federal or state law, both of the following apply automatically and immediately upon the person
coming within that category: (1) the person no longer has a right to carry a concealed handgun
as described above, and (2) the references to a concealed handgun license and a concealed
handgun licensee described below no longer apply to the person.2
References to concealed handgun license and concealed handgun
licensee
The act specifies that for purposes of any section of the Revised Code that refers to a
concealed handgun license or concealed handgun licensee, except when the context clearly
indicates otherwise, all of the following apply:3
1. A person who is a qualifying adult and is carrying or has, concealed on the person’s person
or ready at hand, a handgun that is not a restricted firearm must be deemed to have been
issued a valid concealed handgun license.
2. If the provision refers to a person having been issued a concealed handgun license or
having been issued a concealed handgun license that is valid at a particular point in time,
the provision must be construed as automatically including a person who is a qualifying
adult and who is carrying or has, concealed on the person’s person or ready at hand, a
handgun that is not a restricted firearm, as if the person had been issued a concealed
handgun license or had been issued a concealed handgun license that is valid at the
particular point in time.
3. If the provision in specified circumstances requires a concealed handgun license to
engage in specified conduct, or prohibits a concealed handgun licensee from engaging in
specified conduct, the provision must be construed as applying in the same circumstances
1 R.C. 2923.111(B).
2 R.C. 2923.111(C)(2) and 2923.13 and 18 United States Code 922(g)(1) to (9).
3 R.C. 2923.111(C)(1).
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to a person who is a qualifying adult in the same manner as if the person was a concealed
handgun licensee.
4. If the application of the provision to a person depends on whether the person is or is not
a concealed handgun licensee, the provision must be applied to a person who is a
qualifying adult in the same manner as if the person was a concealed handgun licensee.
5. If the provision pertains to the imposition of a penalty or sanction for specified conduct
and the penalty or sanction applicable to a person who engages in the conduct depends
on whether the person is or is not a concealed handgun licensee, the provision must be
applied to a person who is a qualifying adult in the same manner as if the person was a
concealed handgun licensee.
References to expiration, suspension, and revocation of concealed
handgun license
The act provides that the concealed handgun license expiration, suspension, and
revocation provisions do not apply with respect to a person who is a qualifying adult, unless the
person has been issued a concealed handgun license.4
Definitions
The act uses the following definitions:
“Qualifying adult” means a person who is all of the following:5
A person who is 21 years of age or older;
A person who is not legally prohibited from possessing or receiving a firearm under
specified federal or state law;
A person who satisfies the following specified criteria necessary to obtain a concealed
handgun license:6
A person who is legally living in the United States;
A person who is at least 21 years of age;
A person who is not a fugitive from justice;
4 R.C. 2923.111(C)(2).
5 R.C. 2923.111(A)(2) and R.C. 2923.125(D)(1)(a) to (j), (m), (p), (q), and (s), not in the act.
6 A “qualifying adult” does not have to satisfy the following specified criteria necessary to obtain a
concealed handgun license: (1) a person who certifies that the person desires a legal means to carry a
concealed handgun for defense of the person or a member of the person’s family while engaged in lawful
activity, (2) a person who submits a competency certification and a certification that the person has read
a specified pamphlet, (3) if a person resides in another state, the person is employed in this state, (4) a
person who certifies that the person is not an unlawful user of or addicted to any controlled substance,
and (5) a person who certifies that the person has not renounced the person’s United States citizenship,
if applicable (R.C. 2923.125(D)(1)(k), (l), (n), (o), and (r), not in the act).
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A person who is not under indictment for or otherwise charged with a felony; an
offense under R.C. Chapter 2925, 3719, or 4729 that involves the illegal possession,
use, sale, administration, or distribution of or trafficking in a drug of abuse; a
misdemeanor offense of violence; or a violation of negligent assault, falsification of a
concealed handgun license, or possessing a revoked or suspended concealed handgun
license;
Unless sealed, expunged, relieved from disability under operation of law or legal
process, or a minor misdemeanor, a person who has not been convicted of or pleaded
guilty to a felony or an offense under R.C. Chapter 2925, 3719, or 4729 that involves
the illegal possession, use, sale, administration, or distribution of or trafficking in a
drug of abuse; has not been adjudicated a delinquent child for committing an act that
if committed by an adult would be a felony or would be an offense under R.C. Chapter
2925, 3719, or 4729 that involves the illegal possession, use, sale, administration, or
distribution of or trafficking in a drug of abuse; has not been convicted of, pleaded
guilty to, or adjudicated a delinquent child for committing a violation of assault when
the victim of the violation is a peace officer, regardless of whether the person was
sentenced under R.C. 2903.13(C)(4) (a penalty enhancement for assault, from a first
degree misdemeanor to a fourth degree felony, when the victim is a peace officer,
BCII investigator, firefighter, or EMS provider and the assault occurs while they are in
the performance of their official duties); and has not been convicted of, pleaded guilty
to, or adjudicated a delinquent child for committing any other offense that is not
previously described that is a misdemeanor punishable by imprisonment for a term
exceeding one year;
Unless sealed, expunged, relieved from disability under operation of law or legal
process, or a minor misdemeanor, a person who, within the past three years, has not
been convicted of or pleaded guilty to a misdemeanor offense of violence other than
a misdemeanor violation of resisting arrest or a violation of assault when the victim
of the violation is a peace officer, or a misdemeanor violation of possessing a revoked
or suspended concealed handgun license; and has not been adjudicated a delinquent
child for committing an act that if committed by an adult would be a misdemeanor
offense of violence other than a misdemeanor violation of resisting arrest or a
violation of assault when the victim of the violation is a peace officer or for committing
an act that if committed by an adult would be a misdemeanor violation of possessing
a revoked or suspended concealed handgun license;
Except as provided in the second preceding dot point, a person who, within the past
five years, has not been convicted of, pleaded guilty to, or adjudicated a delinquent
child for committing two or more violations of assault or negligent assault;
Unless sealed, expunged, relieved from disability under operation of law or legal
process, or a minor misdemeanor, a person who, within the past ten years, has not
been convicted of, pleaded guilty to, or adjudicated a delinquent child for committing
a violation of resisting arrest;
A person who has not been adjudicated as a mental defective, has not been
committed to any mental institution, is not under adjudication of mental
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incompetence, has not been found by a court to be a mentally ill person subject to
court order, and is not an involuntary patient other than one who is a patient only for
purposes of observation;
A person who is not currently subject to a civil protection order, a temporary
protection order, or a protection order issued by a court of another state;
A person who currently is not subject to a suspension of a concealed handgun license
or a temporary emergency license under certain circumstances or a similar suspension
imposed by another state regarding a concealed handgun license issued by that state;
If the person is not a United States citizen, a person who is an alien and has not been
admitted to the United States under a nonimmigrant visa;
A person who has not been discharged from the armed forces of the United States
under dishonorable conditions;
A person who has not been convicted of, pleaded guilty to, or adjudicated a
delinquent child for committing a violation of domestic violence or a similar violation
in another state.
“Restricted firearm” means a firearm that is dangerous ordnance or that is a firearm that
any law of this state prohibits the subject person from possessing, having, or carrying.7
Eliminates requirement that a concealed handgun licensee must
carry a concealed handgun license
The act eliminates the requirement that a concealed handgun licensee must carry a
concealed handgun license in order to carry a concealed handgun. Under the act, a concealed
handgun licensee may carry a concealed handgun anywhere in the state if the concealed handgun
license is valid when the licensee is in actual possession of a concealed handgun. Under prior law,
a concealed handgun licensee was required to carry a valid concealed handgun license when the
licensee was in actual possession of a concealed handgun.8
Modifies requirement that a concealed handgun licensee has a
duty to notify
Duty to notify
The act modifies the requirement that a concealed handgun licensee, qualified military
member, or qualifying adult has a duty to notify. (Although not explicitly mentioned in the
language of the statutes describing the duty to notify, qualifying adults are also subject to this
duty – see “References to concealed handgun license and concealed handgun
licensee,” above.) Under the act, a concealed handgun licensee, qualified military member, or
qualifying adult has a duty to notify as follows:
7 R.C. 2923.111(A)(1).
8 R.C. 1547.69(H)(2), 2923.12(C)(2) and (F)(2), 2923.121(B)(1)(d) and (e), 2923.122(D)(3) and (4),
2923.123(C)(6), 2923.126(A), (D), and (F)(1), and 2923.16(F)(5) and (L).
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1. If the person 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 not fail to disclose that the person is then carrying
a concealed handgun, provided that it is not a violation if the person fails to disclose that
fact to an officer during the stop and the person already has notified another officer of
that fact during the same stop.9
2. If the person is the driver or occupant of a motor vehicle that is stopped for a law
enforcement purpose and is transporting or has a loaded handgun in the motor vehicle,
before or at the time a law enforcement officer asks if the person is carrying a concealed
handgun, the person must not fail to disclose that the person then possesses or has a
loaded handgun in the motor vehicle, provided that it is not a violation if the person fails
to disclose that fact to an officer during the stop and the person already has notified
another officer of that fact during the same stop.10
3. If the person is the driver or occupant of a commercial motor vehicle that is stopped for
a specified purpose and is transporting or has a loaded handgun in the commercial motor
vehicle, before or at the time a law enforcement officer asks if the person is carrying a
concealed