Ohio Hb201: Constitutional Carry And Its Implications

what section of ohio hb201 refers to constitutional carry

On March 14, 2022, Ohio Governor Mike DeWine signed Senate Bill 215, commonly referred to as Ohio's Constitutional Carry Bill, into law. The new law eliminates the requirement that a concealed handgun licensee must carry a concealed handgun license in order to carry a concealed handgun in Ohio. It introduces a new section (2923.111) of the Ohio Revised Code, which defines the terms qualifying adult and restricted firearm. The new law also amends sections 109.69, 109.731, 1547.69, 2923.11, 2923.12, 2923.121, 2923.122, 2923.123, 2923.124, 2923.125, 2923.126, 2923.128, 2923.129, 2923.1210, 2923.1213, 2923.16, 2953.37, and 4749.10 of the Revised Code.

Characteristics Values
Bill Number 215
Bill Type Senate Bill
Date Passed March 14, 2022
Effective Date June 13, 2022
Location Ohio
Bill Signatory Governor Mike DeWine
Bill Name Ohio's Constitutional Carry Bill
Section of Ohio HB201 2923.111
Section Amended 2923.122
Other Sections Amended 109.69, 109.731, 1547.69, 2923.11, 2923.12, 2923.121, 2923.123, 2923.124, 2923.125, 2923.126, 2923.128, 2923.129, 2923.1210, 2923.1213, 2923.16, 2953.37, and 4749.10
Residency Requirement No
Licensing Requirement No
Minimum Age 21

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Senate Bill 215 legalises constitutional carry in Ohio

On June 13, 2022, Ohio passed Senate Bill 215, which legalises constitutional carry in the state. This means that Ohio residents can now carry a concealed handgun without a license. However, it is not mandatory to discard a license if one has it. The new law gives individuals the right to carry a concealed handgun without a permit, but the same rights and responsibilities apply to those who carry handguns with or without a license.

While the new legislation does not affect the licensing process, Ohio residents are still encouraged to obtain a concealed handgun license from their local Sheriff's Office. A valid license will allow individuals to carry a concealed handgun in other states that do not recognise constitutional carry but have reciprocity agreements with Ohio. Obtaining a license is also beneficial for individuals to receive in-depth training on firearm safety, safe storage and handling, and how a firearm mechanically functions.

It is important to note that the law did not change regarding who can legally carry a handgun. Individuals must still meet the legal requirements to possess a firearm under state and federal law, including being a qualified adult and at least 21 years of age. Additionally, there is no residency requirement for those legally permitted to carry a concealed handgun or practice their constitutional carry right in Ohio.

The passage of Senate Bill 215 also brings some amendments to existing sections of the Ohio Revised Code. These amendments include allowing concealed handgun licensees to carry all firearms other than dangerous ordnance or firearms prohibited by state or federal law. It also repeals the requirement for a licensee to promptly inform a law enforcement officer if they are carrying a firearm when stopped for a law enforcement purpose. Furthermore, it provides for the expungement of convictions based on violations of the previous requirement.

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No residency requirement for those legally permitted to carry a concealed handgun

Ohio's House Bill 201 amends several sections of the Revised Code to allow a concealed handgun licensee to carry all firearms other than dangerous ordnance or firearms prohibited by state or federal law. The bill repeals the requirement for a licensee to inform a law enforcement officer if they are carrying a firearm and provides for expungement of convictions based on violations of this requirement. It also states that individuals aged 21 and over who are not prohibited by federal law from possessing or receiving a firearm do not need a concealed handgun license to carry a concealed firearm.

In addition to HB201, Ohio's Senate Bill 215, which came into effect on June 13, 2022, legalizes constitutional carry in the state. This means that individuals no longer need a license to carry a concealed handgun in Ohio, although they are still encouraged to obtain one from their local Sheriff's Office. This bill does not affect the licensing process for carrying a concealed handgun in other states, and individuals must still comply with the laws of the state they are visiting.

Ohio's concealed carry laws allow both residents and non-residents to obtain a CHL, with non-residents being able to obtain a license if they work in Ohio. The state honors valid permits issued by any other state or jurisdiction, regardless of the age of the permittee. This means that an Ohio resident can carry a concealed handgun under the license of another state within Ohio, as long as there is a reciprocity agreement with that state. However, if there is no reciprocity agreement, an Ohio resident carrying a license from another state must obtain an Ohio license within six months of becoming a resident.

Ohio also has reciprocity agreements with several other states, including Vermont, Alaska, Arizona, Idaho, Indiana, Connecticut, and Michigan, where non-resident licenses may be difficult or impossible to obtain. These agreements allow Ohio residents to legally carry a concealed handgun in these states, even if they do not have a license from that state.

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Qualifying adults don't need a licence to carry a concealed handgun

On March 14, 2022, Ohio Governor Mike DeWine signed Senate Bill 215, commonly referred to as Ohio's Constitutional Carry Bill, into law. The provisions of SB 215 went into effect on June 13, 2022, and allow qualifying adults to carry a concealed handgun without a license in the state of Ohio.

The new law introduces a new section (2923.111) of the Ohio Revised Code, which defines the terms "qualifying adult" and "restricted firearm." A "qualifying adult" is a person who is 21 years or older and not prohibited by federal law from possessing or receiving a firearm. The new law provides that a qualifying adult is not required to obtain a concealed handgun license to carry a concealed handgun in Ohio that is not a restricted firearm.

It is important to note that the law did not change regarding who can legally carry a handgun. You must still be a legally qualified adult and not be prohibited from possessing a firearm under state or federal law. Additionally, the new law does not affect the licensing process, and individuals are still encouraged to obtain a concealed handgun license with their local Sheriff's Office. This can provide benefits such as in-depth training on firearm safety, safe storage, and handling.

While the new law allows individuals to carry a concealed handgun without a license, it is important to follow all other applicable laws and regulations regarding firearm possession and use. For example, areas that are currently no-carry zones, such as schools, local, state, or federal government facilities, detention facilities, and airports, still prohibit the possession of firearms. Similarly, the transportation of rifles and shotguns is still subject to existing laws, requiring them to be transported in a separate container or closed compartment, separated from ammunition.

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Restricted firearms require a licence to carry

In Canada, firearms are federally regulated through the Firearms Act, the Criminal Code, and the Canadian Firearms Program, which is operated within the Royal Canadian Mounted Police. The regulation is largely focused on the licensing and registration of firearms, including air guns with a muzzle velocity of more than 500 ft/s or 150 m/s and muzzle energy greater than 4.2 ft⋅lb or 5.7 J.

Firearms are classified into prohibited, restricted, and non-restricted categories, as defined by Part III of the Criminal Code. A restricted firearm requires a restricted possession and acquisition licence (RPAL) issued by the RCMP. An RPAL is mandatory for handguns and short-barrelled semi-automatic rifles. To obtain an RPAL, an individual must meet specific requirements, such as gun club membership, demonstration of sufficient firearms knowledge, or a professional carry authorization.

The Authorizations to Carry Restricted Firearms and Certain Handguns Regulations outline the conditions for carrying restricted firearms. These regulations were laid before each House of Parliament in 1996 and enacted through the Firearms Act. To obtain authorization to carry a restricted firearm, individuals must complete training in firearms proficiency and the appropriate use of force. Additionally, the firearm must be appropriate for the circumstances in which it will be used.

In contrast, Texas law, as of 2021, no longer requires individuals to possess a license to carry (LTC) to carry a handgun in most public places. However, Texans can still obtain an LTC, which may be necessary for carrying a handgun in other states with reciprocity agreements. Similarly, Ohio's Senate Bill 215, effective June 13, 2022, legalizes constitutional carry, allowing individuals to carry a concealed handgun without a license. Despite this change, Ohio residents are encouraged to obtain a concealed handgun license from their local Sheriff's Office.

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No changes to the transportation of rifles and shotguns

Ohio's Senate Bill 215, commonly referred to as the "Constitutional Carry Bill", was signed into law by Governor Mike DeWine on March 14, 2022, and came into effect on June 13, 2022. The new law eliminates the requirement for a concealed handgun licensee to carry a concealed handgun license, allowing individuals to carry a concealed handgun without a license.

However, it's important to note that the law only pertains to handguns and does not affect the transportation of rifles and shotguns. The current law regarding the transportation of rifles and shotguns in Ohio remains unchanged. This means that individuals transporting rifles and shotguns must adhere to the previous regulations. Rifles and shotguns must be transported in a manner that complies with the existing laws. They should be kept in a separate container or closed compartment, isolated from any ammunition. The storage place should be the trunk or an area that is not easily accessible without exiting the vehicle.

The new legislation, SB 215, introduces a change by adding a new section, 2923.111, to the Ohio Revised Code. This new section provides further clarification on the terms "qualifying adult" and "restricted firearm". Despite this addition, the law only brings minor amendments to the existing provisions of Ohio Revised Code Section 2923.122, which specifically addresses the conveyance or possession of firearms within school safety zones.

It is worth noting that while the new law exempts the need for a concealed handgun license in Ohio, individuals who travel outside the state must still comply with the laws of other states. If an individual intends to carry a concealed handgun in a state that does not recognize constitutional carry, they are required to possess a valid license. Therefore, it is advisable for individuals to obtain a concealed handgun license from their local Sheriff's Office, even if they primarily reside in and travel within Ohio.

Frequently asked questions

Ohio's Constitutional Carry Bill, also known as Senate Bill 215, was signed into law by Governor Mike DeWine on March 14, 2022.

The bill eliminates the requirement for a concealed handgun licensee to carry a concealed handgun license in order to carry a concealed handgun in Ohio. It introduces a new section, 2923.111, which defines the terms "qualifying adult" and "restricted firearm."

Section 2923.111 of the Ohio Revised Code defines "qualifying adult" and "restricted firearm." It also addresses the conveyance or possession of firearms in school safety zones, stating that a concealed handgun licensee need not carry a license when the firearm is locked in a motor vehicle.

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