To: Delaware Bar Association
From: Ken Hanson
Re: H.B. 495 and changes to Ohio firearm laws
As a part of my continuing series of memos on firearm laws, I wanted to bring the Delaware Bar Association up to speed on H.B. 495, which was signed by Governor Kasich yesterday. I haven’t seen a “filed” date on the SOS website yet, but assume the effective date is approximately 90 days from today. This bill did three major things, and one ancillary thing.
A unified definition of “Concealed Handgun License” is established
Prior code carried forward the annoying habit of LSC where they will not use 3 words where they could instead use 30. Exhibit A is Revised Code 4511.19.
Gun code now has one single definition of a Concealed Handgun License (“CHL”) in new code section 2923.11(N) and (O). The happy result is over 1,000 words of code were eliminated without making a single change to Ohio’s gun laws.
The requirement for recurrent training for a second handgun license renewal is removed
Licensees will no longer have to undergo additional training to renew their license for the second, and subsequent, renewals. Revised Code 2923.125(F)(1)(a) and (b) are eliminated.
The training requirements for an Ohio licensee are thus as follows: For an initial application for a CHL, the licensee must have a training certificate no more than 3 years old. The initial license is good for 5 years, but the training certificate is good for 6 years. Thus, their initial training is good for the initial application and their first renewal IF THEY APPLY within 1 year of their original training. An expired CHL is good for 30 days past expiration, and may be renewed up to 90 days prior to expiration.
The only exception to this is that former or current military who have “equivalent” training may be up to 6 years prior for the preliminary application. Typically this is a discharged soldier with a DD214 showing training with small arms.
Any person may now have a firearm in the Capitol or Riffe parking garage
As long as the person is otherwise in compliance with R.C. 2923.16, any person may have a firearm in their vehicle in the two statehouse parking garages.
Loaded ammunition magazines are now permitted in vehicles
The biggest change for the criminal practitioner is transportation of firearms in a vehicle. This is honestly a headache for people who are unfamiliar with firearms. (The OSHP wanted to copy PA code, so don’t blame me.) The definition of “unloaded” is amended in R.C. 2923.16(K)(5) and (6).
New law allows anyone to have a loaded magazine or speed loader in the vehicle. THERE IS A TWO TIER approach to this.
For someone who does not have a CHL, that person may have loaded magazines or speed loaders in the vehicle so long as:
1. The magazine or speed loader does not fit any firearm being transported in the vehicle; or
2. The magazine or speed loader is in a compartment reachable only by leaving the vehicle; or
3. The magazine or speed loader is in a closed package, box or case that has multiple compartments (i.e. a gun case) as long as the magazine or speed loader is in a separate compartment in the closed package, box or case from the firearm, OR, if the closed package, box or case only has one compartment, the magazine or firearm is separately enclosed in something using a snap, buckle, zipper, button, hook and loop etc. (My best stab at this is it is a one compartment gun case, the gun or the magazine/speed loader would need to be in some sort of pouch that is closed.); or
4. The magazine or speed loader is on the person of the occupant in a pocket that is closed using a snap, buckle, zipper, button or hook and loop.
For someone with a CHL, they may have a loaded magazine in the vehicle anyway they wish, so long as any magazine for a non-handgun is not inserted into the non-handgun. (i.e. a loaded rifle magazine may be anywhere in the vehicle as long as it isn’t inserted into the rifle