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Article I, § 4 of the Ohio Constitution provides: "The people have the right to bear arms for their defense and security; but standing armies, in time of peace, are dangerous to liberty, and shall not be kept up; and the military shall be in strict subordination to the civil power." The Supreme Court of Ohio has held that this provision "secures to every person a fundamental individual right to bear arms for 'their defense and security.'" Arnold v. City of Cleveland, 616 N.E.2d 163, 169 (Ohio 1993). The court has also held, however, that Art. I, § 4 is subject to the reasonable exercise of the police power under Art. XVIII, § 3 of the Ohio Constitution. Id. at 171-173.
In Arnold, the supreme court considered a challenge to Cleveland's ordinance banning the possession and sale of assault weapons. The court rejected the challenge, holding that although a municipality could not ban all firearms, Cleveland's ban on assault weapons did not violate Art. I, § 4. Id. at 173.
More recently, in Klein v. Leis, 99 Ohio St. 3d 537, 2003-Ohio-4779, 795 N.E.2d 633, the court reaffirmed its earlier characterization of Art. I, § 4, holding that Ohio Rev. Code Ann. §§ 2923.12 and 2923.16, which at the time prohibited the carrying of concealed firearms, were constitutional. The court opined that while Art. I, § 4 does create a fundamental right, the right is subject to reasonable limitations, and "there is no constitutional right to bear concealed weapons." Klein v. Leis, 99 Ohio St. 3d 537, 2003-Ohio-4779, 795 N.E.2d 633, at ¶ 15. Sections 2923.12 and 2923.16 regulated the manner in which firearms could be carried, and the court noted that such regulations have long been accepted as reasonable limitations under Art. I, § 4. Id. at ¶ 8 – ¶ 15. The court found that both the goal of maintaining an orderly and safe society and the means used to attain this goal were reasonable, and therefore did not violate Art. I, § 4. Id. at ¶ 15. Note, however, that subsequent to Klein, the Ohio Legislature amended the law regarding concealed weapons, and under current law an individual may be licensed to carry a concealed handgun. For more information, please see the Ohio Carrying Firearms section.
In addition to rejecting Article I, § 4 challenges to Cleveland’s ban on assault weapons and the state ban on carrying concealed weapons, Ohio courts have rejected similar challenges to the following regulations:
Dayton's requirement that owners and purchasers of handguns obtain identification cards. Mosher v. City of Dayton, 358 N.E.2d 540 (Ohio 1976); Cincinnati's prohibition on possession of semiautomatic firearms and high-capacity magazines. City of Cincinnati v. Langan, 640 N.E.2d 200 (Ohio Ct. App. 1994); Cleveland's prohibition of the manufacture, possession, sale, or purchase of .32 caliber (or less) handguns with barrel-lengths of less than three inches. City of Cleveland v. Turner, 1977 Ohio App. LEXIS 9391 (Ohio Ct. App. 1977) (unreported decision); Akron's prohibition on firearm possession by convicted felons. City of Akron v. Williams, 177 N.E.2d 802 (Ohio Ct. App. 1960); and Toledo’s extensive firearms ordinance prohibiting certain classes of persons from possessing firearms, requiring identification cards to acquire or possess handguns, requiring firearms dealers to be licensed and keep certain records, and prohibiting the carrying of firearms in vehicles. Photos v. City of Toledo, 19 Ohio Misc. 147, 151-2 (Ct. Com. Pl. 1969).
Finally, the United States Court of Appeals for the Sixth Circuit rejected an Art. I, § 4 challenge to a Columbus ordinance banning assault weapons (although the ordinance was overturned on other grounds). Peoples Rights Org., Inc. v. City of Columbus, 152 F.3d 522, 538 (6th Cir. 1998).
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The Ohio Constitution grants municipalities (cities and, for some purposes, villages) the "authority to exercise all powers of local self-government and to adopt and enforce within their limits such local police, sanitary and other similar regulations, as are not in conflict with general laws." Ohio Const. Art. XVIII, §§ 1 and 3. Charter counties may also be organized as municipal corporations, and possess all the police powers granted to cities and villages. Ohio Const. Art. X, § 3.
Because municipal police powers are constitutionally granted, the Ohio Legislature may not withdraw these powers without an amendment to the constitution. The powers may be limited only via enactment of a general law that conflicts with a given local ordinance. Fondessy Enterprises, Inc. v. City of Oregon, 492 N.E.2d 797, 799-800 (Ohio 1986). The Supreme Court of Ohio recently explained that "[a] statement by the General Assembly of its intent to preempt a field of legislation … does not trump the constitutional authority of municipalities to enact legislation pursuant to the Home Rule Amendment, provided that the local legislation is not in conflict with general laws." American Financial Services Association et al., v. City of Cleveland, 112 Ohio St. 3d 170, 2006-Ohio-6043, 858 N.E.2d 776, at ¶ 31.
In 2006, the Ohio Legislature passed Ohio House Bill 347, which sought to preempt local regulation of firearms. Although Governor Taft vetoed the bill, both the House and Senate overrode the veto. The bill created Ohio Revised Code Annotated § 9.68(A), which took effect March 14, 2007, and which declares that the state "finds the need to provide uniform laws throughout the state regulating the ownership, possession, purchase, other acquisition, transport, storage, carrying, sale, or other transfer of firearms, their components, and their ammunition." Section 9.68(A) also provides that regardless of local law, a person "without further license, permission, restriction, delay, or process, may own, possess, purchase, sell, transfer, transport, store, or keep any firearm, part of a firearm, its components, and its ammunition" so long as his or her action does not violate federal or state law. Section 9.68(D) provides exceptions for zoning ordinances that:
Regulate or prohibit sale of firearms, components or ammunition in residential or agricultural areas; Specify hours of operation or geographic areas where sale of firearms, components or ammunition may occur so long as the zoning ordinances are consistent with regulation of other retail businesses in the same geographic area and the ordinances do not result in a de facto ban on such sales in an area zoned for commercial, retail or industrial use.
The City of Cleveland has challenged the law as a violation of Ohio Const. Art. XVIII, § 3. Complaint for Declaratory Judgment, City of Cleveland v. Ohio, No. CV 07 618492 (Ct. of C.P. Cuyahoga County, filed March 14, 2007).
As noted in Fondessy and American Financial, supra, the state may only limit local authority via a general law that conflicts with local law. Therefore, home rule challenges generally turn on whether a given statute is a general law and whether a conflict exists between the general law and a local ordinance.
Courts determine a statute is a general law if it: 1) is part of a statewide and comprehensive legislative enactment; 2) applies to all parts of the state alike and operates uniformly throughout the state; 3) sets forth police, sanitary, or similar regulations, rather than granting or limiting municipal legislative power; and 4) prescribes a rule of conduct upon citizens generally. If a statute does not meet all of these conditions, it is not a general law. City of Canton v. State, 95 Ohio St. 3d 149, 2002-Ohio-2005, 766 N.E.2d 963, at ¶ 21.
The Ohio Supreme Court recently struck down an ordinance enacted by the City of Clyde, Ohio that prohibited the carrying of handguns in city parks. Ohioans for Concealed Carry, Inc. v. City of Clyde, No. 2007-0960 (Ohio Sept. 18, 2008). The Clyde court found that the local law was invalid because it conflicted with section 2923.126, a state law allowing concealed weapon license holders to carry concealed weapons anywhere in the state, with limited exceptions. Id. The court reasoned that section 2923.126, which it analyzed in conjunction with the preemptive language in section 9.68, meets all of the general law conditions set out by the court in Canton. The court found that the law is part of a statewide and comprehensive legislative scheme and that it applies uniformly across the state. Id. at ¶¶ 40-48. The Clyde court found that the statute also sets forth police, sanitary or similar regulations because it “foster[s] proper, legal handgun ownership in [Ohio]. Id. at ¶ 51. Finally, the court held that the law prescribes a rule of conduct for citizens wishing to carry a concealed firearm. Id. at ¶¶ 51-52.
The Clyde court went on to find that the local law conflicted with state law. The test for determining if an ordinance conflicts with a general law is "whether the ordinance permits or licenses that which the statute forbids and prohibits, and vice versa." Fondessy, 492 N.E.2d at 801. The Clyde court found a conflict because the local law prohibited carrying a firearm in a city park while the state law allows licensees to carry anywhere in the state. Id. at ¶ 53.
Note, however, that when the state prohibits specific activity, a conflict does not necessarily exist when a local government enacts stricter regulation on the same activity. In a case decided before section 9.68 took effect, the Ohio Supreme Court found that a local law did not conflict with state law in Cincinnati v. Baskin, 112 Ohio St. 3d 279, 2006-Ohio-6422, 859 N.E.2d 514. The defendant in Baskin was found in possession of a firearm in violation of a local law which banned semi-automatic firearms with the capacity to fire more than 10 rounds. The defendant argued that the city’s ban was in conflict with the state law which bans dangerous ordnances and defines them to include semi-automatic firearms with a capacity to fire more than 31 rounds. Although the court found the state law to be a general law, it did not find a conflict between the local ordinance and the state law.
The court explained that in order for a conflict to arise, the state "must positively permit what the ordinance prohibits, or vice versa." Id. at ¶ 20 (quoting Cincinnati v. Hoffman, 285 N.E.2d 714, 719 (Ohio 1972)). The court found that the state’s ban on firearms with a capacity to fire more than 31 rounds did not amount to authorization to possess firearms with a capacity to fire 31 rounds or fewer:
The [dangerous ordnance statutes] prohibit the possession of semiautomatic firearms that are designed or adapted to fire more than 31 cartridges without reloading. They do not, however, permit or authorize the possession of semiautomatic firearms that are capable of firing 31 or fewer cartridges without reloading. There is nothing in the weapons-control measures in the criminal code that manifests an intent to prevent municipalities from regulating the possession of semiautomatic firearms that hold less than 32 rounds.
Cincinnati v. Baskin, 112 Ohio St. 3d 279, 2006-Ohio-6422, 859 N.E.2d 514, at ¶ 23.
The court distinguished the dangerous ordnance law from the law upheld in American Financial, supra, on the basis that the statute at issue in American Financial contained an expression of intent to limit municipal authority to regulate in the area covered by the state law. Id. at ¶¶ 22-24. This resolved what appeared to be a departure from traditional conflict analysis in American Financial in which the court found a conflict even where a statute did not positively permit something an ordinance prohibited. By distinguishing the two laws based on the express preemption language in the predatory lending law, the court clarified that so long as a general law does not permit what an ordinance prohibits or vice versa, no conflict will be found unless the legislature has expressed an intent to preempt.
In contrast to municipalities, townships and non-charter counties derive their police powers from the legislature, not the Ohio Constitution. McDonald v. City of Columbus, 231 N.E.2d 319, 320-22 (Ohio Ct. App. 1967). Although Ohio Revised Code Annotated § 504.01 provides townships with a method to exercise limited home rule powers (i.e., police powers), section 504.04 expressly provides that townships may not establish "regulations affecting hunting, trapping, fishing, or the possession, use, or sale of firearms." Section 302.13(M) grants counties the authority to make any rule or act that does not conflict with general law or with the exercise of powers by municipalities and townships. Thus, townships and non-charter counties are very limited in their ability to adopt regulations affecting firearms.
Please see the Preemption summaryfor a general discussion of this issue, as well as the Federal Preemption section of the Federal Law Summary page.
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For general information on each policy, click the heading for that policy. Please note that many firearm-related laws have exceptions for military and law enforcement personnel.
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Regulation of Unreasonably Dangerous Ammunition
See Ohio Admin. Code 1301:7-7-33 for regulations pertaining to the storage and display of black powder and smokeless propellants. |
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No relevant statutes currently exist.
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Federal law generally requires that licensed firearms dealers
conduct a background check on all prospective firearms
purchasers to ensure that such persons are not prohibited from
buying or possessing a firearm. This background check
requirement and the National Instant Criminal Background Check
System (“NICS”) were enacted through the Brady Handgun
Violence Prevention Act, pursuant to Public Law 103-159, and
codified at 18 U.S.C. § 921 et seq. Federal law
defines a number of classes of prohibited purchasers
(including felons, fugitives, persons adjudicated as “mental
defectives” or those committed to mental institutions), and
leaves to the states the power to determine additional
classes. (For a complete list of federally prohibited
purchasers, click here.)
Under the Brady Act, states have the option of serving as a
“state point of contact” and conducting their own
background checks using NICS and state informational records
and databases, or having the checks performed by the FBI using
only NICS. Federal law does not require that private
sellers (persons other than firearms dealers) conduct
background checks on prospective purchasers.
In Ohio, firearm transfers by federally licensed dealers are processed directly though the FBI, which enforces the federal purchaser prohibitions referenced above. Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, 2005 (November 2006). In addition, Ohio has added classes of prohibited persons, and incorporated some of the federal prohibitions as state offenses. Ohio Revised Code Ann. § 2923.13(A) states that no person shall acquire, have, carry or use any firearm if he or she:
Is a fugitive from justice; 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; Is under indictment for, or has been
convicted of, a drug offense (or has been adjudicated a
delinquent child for the commission of an offense that, if
committed by an adult, would have been a drug offense); Is “drug dependent, in danger of drug
dependence, or a chronic alcoholic;” or Is under
adjudication for mental incompetence, has been adjudicated
as a mental defective, committed to a mental institution,
found to be mentally ill subject to hospitalization by court
order, or is an involuntary mentally ill patient.
No person under age 18 shall purchase or attempt to purchase a firearm, and no person under age 21 shall purchase or attempt to purchase a handgun. Section 2923.211(A), (B).
Firearms transfers by private sellers (non-firearms dealers) are not subject to background checks in Ohio, although federal and state purchaser prohibitions still apply. See the Ohio Private/Secondary Sales section.
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No relevant statutes currently exist.
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Possession Restrictions
No person may knowingly carry a handgun without a license. Section 2923.12. An individual who is prosecuted for a violation of section 2923.12, and who is not otherwise prohibited by law from owning or possessing a handgun, may raise as an affirmative defense that the handgun was carried or kept ready at hand for any lawful purpose while the individual was in his or her own home. Section 2923.12(D). This affirmative defense is not available, however, to a person who, prior to arriving at his or her home, transported or possessed the handgun in a motor vehicle on a street in an unlawful manner (see the "Transportation of Firearms" subsection below for more information regarding unlawful possession of a handgun in a motor vehicle). Section 2923.12(E).
No person may possess a firearm, concealed or openly carried, within the capitol buildings or grounds without the express written permission of the Capitol Square Review and Advisory Board. Ohio Admin. Code 128-4-02. Unless authorized by law, no person may possess a firearm within a nature preserve, scenic river land or natural area. Ohio Admin. Code 1501:17-3-05. No person may possess a firearm in any building or on the grounds of any facility operated by the Ohio Department of Mental Health. Ohio Admin. Code 5122-7-04. Firearms may not be possessed in or on any Department of Youth Services building or grounds. Ohio Admin. Code 5139-2-215.
Concealed weapons permit holders may be subject to additional location limits. Please see the Location Limits subsection below for further information.
Transportation of Firearms
Ohio prohibits any person from knowingly transporting or having a loaded firearm in a motor vehicle where the firearm is accessible to the operator or any passenger without leaving the vehicle. Ohio Rev. Code Ann. § 2923.16(B). Furthermore, the state prohibits any person from knowingly transporting or having a firearm in a motor vehicle, unless it is unloaded and is carried in:
A closed package, box, or case; A compartment that can be reached only by leaving the vehicle; Plain sight and secured in a rack or holder made for securing a firearm; Plain sight, with the action open or the weapon stripped or, if the firearm is of a type on which the action will not stay open or which cannot easily be stripped, in plain sight.
Section 2923.16(C). Some exceptions apply, including exceptions for concealed handgun licensees, see Location Limits below.
In addition, no person shall knowingly transport or have a loaded firearm in a vessel (defined to include every description of watercraft, "including nondisplacement craft and seaplanes, designed to be used as a means of transportation on water," per section 1547.01(B)(1)) in a manner that the firearm is accessible to the operator or any passenger. Section 1547.69(C). No person shall knowingly transport or have a firearm in a vessel unless it is unloaded and is carried in:
A closed package, box, or case; or Plain sight, with the action opened or the weapon stripped or, if the firearm is of a type on which the action will not stay open or that cannot easily be stripped, in plain sight.
Section 1547.69(D).
The vessel prohibitions do not apply to a person who possesses a valid license to carry a concealed handgun or to any person “legally engaged in hunting.” Section 1547.69(H).
No person may operate a snowmobile, off-highway motorcycle or all-purpose vehicle while transporting a firearm unless it is unloaded and securely encased. Section 4519.40.
Concealed Weapons Licensing Requirements
Ohio is a "shall issue" state, meaning that local law enforcement must issue
a license to carry a concealed handgun if an applicant meets certain qualifications. Section
2923.11(C) defines a handgun as "[a]ny firearm that has a short stock
and is designed to be held and fired by the use of a single hand." Any combination
of parts from which a handgun can be assembled is also considered a handgun. Id.
Pursuant to section 2923.125(D)(1), an applicant will not be granted a license to carry a handgun unless he or she:
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Is legally living in the United States and has been an Ohio resident for at least 45 days and a resident of the county in which he or she is applying, or the adjacent county, for at least 30 days;
Is at least 21 years of age; Is not a fugitive from justice; Is not under indictment for, and has not been charged with, convicted of or pled guilty to, a felony; Is not under indictment for, and has not been charged with, a misdemeanor offense of violence and, within the three years prior to the application, has not been convicted of, or pled guilty to, a misdemeanor offense of violence (with certain exceptions); Is not under indictment for, and has not been charged with: 1) negligent assault with a dangerous ordnance (which includes an automatic or sawed-off firearm, zip-gun, any firearm or ammunition designed for military purposes, firearm muffler or silencer, or any combination of parts intended for converting a firearm or other device into a dangerous ordnance) or deadly weapon; or 2) falsification or alteration of a license to carry a handgun; Is not under indictment for, and has not been charged with, convicted of or pled guilty to, a drug offense; Has not, within the five years prior to the application, been convicted of, pled guilty to, or adjudicated a delinquent child for committing two or more acts of assault or negligent assault with a dangerous ordnance or deadly weapon; Has not, within the ten years prior to the application, been convicted of, pled guilty to, or adjudicated a delinquent child for resisting arrest; Has not been adjudicated as a mental defective, committed to a mental institution, or found by a court to be mentally ill subject to hospitalization, and is not under adjudication of mental incompetence or an involuntary patient at any hospital for purposes of mental health treatment (see the Ohio Mental Health Reporting section); Is not subject to a protection order of any state; Is not subject to suspension of a license to carry a concealed handgun; Certifies that he or she desires to carry a handgun for defense of self or family while engaged in lawful activity; Submits a certificate of completion of a firearms safety training course; and Certifies that he or she has read the firearms safety pamphlet prepared by the Ohio Peace Officer Training Commission ("Commission").
The Commission, in consultation with the Attorney General, must prescribe a fee to be paid by each license applicant. Section 109.731(C). The fee for an applicant who has been an Ohio resident for five or more years may not exceed the lesser of the actual cost of issuing the license and conducting the background check, or fifty-five dollars. (An applicant who has been an Ohio resident for less than five years must also pay for the cost of an FBI background check if one is conducted.) Id.
A person who knowingly carries or conceals a handgun without a license is criminally liable for a misdemeanor. Section 2923.12. An individual who is prosecuted for possessing a concealed handgun without a license, and who is not otherwise prohibited by law from owning or possessing a handgun, may raise as an affirmative defense that the handgun was carried or kept ready at hand for any lawful purpose while the individual was in his or her own home. Section 2923.12(D). This affirmative defense is not available, however, to a person who, prior to arriving at his or her home, transported or possessed the handgun in a motor vehicle on a street in an unlawful manner (see the "Location Limits" subsection below for more information regarding unlawful possession of a handgun in a motor vehicle). Section 2923.12(E).
Additional application and background check requirements, as well as suspension and disqualification information, are detailed under sections 2923.125 and 2923.128.
An individual may also obtain a temporary emergency license to carry a concealed handgun. These licenses are valid for up to 90 days, may not be renewed, and may only be obtained once every four years. Section 2923.1213(B). To obtain a temporary emergency license, an applicant must submit evidence of imminent danger to himself, herself or a family member, and a sworn affidavit that the applicant meets each of the requirements for a regular license. Id. No competency certificate is required. Section 2923.1213(D). Upon receipt of the application, the sheriff must immediately conduct a background check and, upon receipt of the results of the records check, immediately issue the license if the applicant meets the temporary emergency license criteria. Section 2923.1213(B).
Disclosure or Use of Information
Ohio does not allow the identity of concealed handgun applicants to be made public. Section 311.41(B), (C) requires a sheriff to destroy all records created for a background check 20 days after conducting a check for a license application. Sheriffs may retain only the application itself. Id.
Section 2923.129(B)(1) provides that a sheriff's records relative to the issuance, renewal, suspension or revocation of a license to carry a concealed handgun are confidential and not public records. A journalist may submit to the sheriff a signed, written request to view the name, county and date of birth of each person who has been issued a license to carry a concealed handgun or had such a license suspended or revoked. Section 2923.129(B)(2). The request must include, among other things, a statement that the information would be in the public interest. Id. The sheriff must comply with the request but a journalist “shall not copy the name, county of residence, or date of birth of each person to or for whom the sheriff has issued, suspended, or revoked” such a license. Id.
Duration & Renewal
A license to carry a concealed handgun is valid for up to five years if issued on or after March 14, 2007. A license issued before that date is valid for up to four years. Section 2923.125(D)(1). To renew a license for a four-year term, an applicant must submit: 1) a renewal application; 2) certification that he or she has re-read the firearms pamphlet after the original license was issued; 3) a new set of fingerprints; 4) a new photograph; and 5) certification of competency issued within the previous six years. Sections 2923.125(F), 2923.126(A).
Location Limits
Regardless of whether he or she has been issued a license, no
person may possess a firearm in the following locations:
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A law enforcement office or correctional institution;
section 2923.126(B)(1);
An airport passenger terminal; section 2923.126(B)(1); A facility operated by the Ohio Department of Mental Health;
section 2923.126(B)(1); Any room or open air arena in which liquor is being served on premises for which a liquor license has been issued; section 2923.121;
A school safety zone (with limited exceptions); section
2923.122; A courthouse or building in which a courtroom is located (with
limited exceptions); section 2923.123; Premises owned or leased by a college, university or other institution of higher education, unless the handgun is in a locked motor vehicle; section 2923.126(B)(5);
A place of worship, unless the place of worship posts notice or otherwise permits concealed handguns; section 2923.126(B)(6); A child day-care center or family day-care home, except that a
licensee who resides in a family day-care home may carry a
handgun in any part of the home not used for day-care
purposes. He or she may carry a handgun in any part of the
home that is used for day-care purposes at a time during
which no children, other than the licensee’s own children,
are in the home; section 2923.126(B)(7);
An aircraft that is in operation or intended for operation in
foreign, interstate, or intrastate air transportation or mail transportation;
section 2923.126(B)(8); Any building owned by the state or political subdivision of the state or any portion of any building leased by a government entity; section 2923.126(B)(9);
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Any place in which federal law prohibits the carrying of a handgun;
section 2923.126(B)(10);
Any privately-owned land or premises, or land or premises leased from Ohio or the United States or political subdivisions of Ohio or the United States, upon which the owner, lessee, or person in control posts a sign prohibiting persons from carrying firearms onto the land or premises; section 2923.126(C)(3).
In addition, section 2923.16(E) prohibits a licensee from knowingly having a loaded handgun while in a motor vehicle unless it is:
In a holster on the person; or In a closed case, bag, box, or other container that is in plain sight and that has a lid, cover or closing mechanism with a zipper, snap, or buckle which must be opened to access the handgun; or Securely encased in a closed, locked glove compartment or in a locked case.
A licensee transporting a loaded handgun in a motor vehicle being operated on a street, highway or public property may not knowingly:
Remove or attempt to remove the handgun from where it is stored; Grasp or hold the handgun; Have contact with the handgun.
An exception exists for directions given by law enforcement officers. Id.
Additional rules apply to a licensee who is carrying a loaded handgun and is stopped as a result of a traffic stop or for another law enforcement purpose. See section 2923.16(E)(3)-(6).
Concealed weapons permit/license holders may be subject to generally applicable possession prohibitions. Please see the Possession Restrictions and Transportation of Firearms sections above for further information.
Reciprocity
Section 109.69(A) requires the Attorney General to enter into a reciprocity agreement with any state that recognizes a license to carry a concealed handgun issued in Ohio and has eligibility requirements for a concealed handgun license that are "substantially comparable" to those of Ohio.
Brady Exemption
Concealed handgun permit holders in Ohio are not exempt from background checks when purchasing a firearm, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) chart that outlines those permits that qualify as alternatives to the federal Brady Act. Please note that ATF's exempt status determination for a given state is subject to change without notice.
Under federal law, persons who have been issued state permits to purchase or possess firearms are exempt from background checks if those permits were issued: 1) within the previous five years in the state in which the transfer is to take place; and 2) after an authorized government official has conducted a background investigation, including a search of the NICS database, to verify that possession of a firearm would not be unlawful. 18 U.S.C. § 922(t)(3), 27 C.F.R. § 478.102(d).
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No relevant statutes currently exist.
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Ohio does not license firearms dealers. However, firearms dealers are subject to state laws governing gun sales generally. See the Ohio Private/Secondary Sales section for further information. Pursuant to the Brady Act, federally licensed firearms dealers must conduct background checks on prospective purchasers each time the dealer transfers a firearm. See the Ohio Background Checks section.
Ohio Revised Code Ann. § 2923.25 provides that when selling any firearm, all federally licensed firearms dealers must offer for sale a trigger lock, gun lock, or gun locking device appropriate for the firearm being sold. In addition, a licensed dealer must conspicuously post in his or her place of business a poster describing safe firearms practices, and must make available to all purchasers a brochure describing safe firearms practices. Id. The brochure and poster are to be prepared and disseminated free of charge by the Office of Criminal Justice Services. Id., section 5502.63.
Number of Federally Licensed Firearms Dealers
There are 2,101 federally licensed firearms dealers and pawnbrokers in Ohio. Federal firearms licensee totals for Ohio as of November 8, 2007 were provided by the U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives.
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Firearm Prohibitions for Domestic Violence Misdemeanants
There is no law in Ohio prohibiting individuals convicted of domestic violence misdemeanors from purchasing or possessing firearms or ammunition. Federal law, however, prohibits purchase and possession of firearms and ammunition by persons who have been convicted of a “misdemeanor crime of domestic violence.” 18 U.S.C. § 922(g)(9). Federal law defines a “misdemeanor crime of domestic violence” as an offense that is a federal, state or tribal law misdemeanor and has the use or attempted use of physical force or threatened use of a deadly weapon as an element, if the offender:
- Was a current or former spouse, parent, or guardian of the victim;
- Shares a child in common with the victim;
- Was a current or former cohabitant with the victim as a spouse, parent or guardian; or
- Was similarly situated to a spouse, parent or guardian of the victim.
18 U.S.C. § 921(a)(33)
Firearm Prohibitions for Persons Subject to Domestic Violence Restraining/Protective Orders
There is no law in Ohio prohibiting individuals subject to domestic violence protective orders from possessing firearms or ammunition. Federal law, however, prohibits purchase and possession of firearms and ammunition by a person subject to a protective order issued after notice to the abuser and a hearing, if the order protects an “intimate partner” of the abuser, or a child of the abuser or intimate partner. 18 U.S.C. § 922(g)(8). Federal law defines an “intimate partner” as a current or former spouse, a parent of a child in common with the abuser, or an individual with whom the abuser does or has cohabitated. 18 U.S.C. § 921(a)(32).
Removal or Surrender of Firearms at the Scene of a Domestic Violence Incident
When a police officer responds to the scene of an alleged incident of domestic violence or violation of a protection order and the incident involved the use or threatened use of a deadly weapon or the brandishing of a deadly weapon, he or she must seize the weapon. Ohio Revised Code Ann. § 2935.03(B)(3)(h).
According to the Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, 2005 (November 2006), Ohio maintains automated data on domestic violence misdemeanors on a statewide network and Ohio counties maintain data on domestic violence protection orders. The latter is submitted to the FBI for inclusion in NICS (specifically, in the National Crime Information Center file which is checked as part of all NICS background checks).
For general information on the background check process and categories of prohibited purchasers/possessors, see the Ohio Background Checks section. |
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No relevant statutes currently exist.
See the Ohio Private/Secondary Sales section for state laws that may apply at gun shows. |
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Ohio Revised Code Ann. § 2305.401(B) states that a member of the
firearms industry (i.e., any manufacturer, dealer or importer
of firearms, firearms components, or firearms ammunition or
any trade association including such entities; see
section 2305.401(A)(4)):
(1) [I]s not liable in damages in, and is not subject to a grant of injunctive relief in, a tort or other civil action for harm allegedly sustained by any person as a result of the operation or discharge of a firearm…[A] person who allegedly sustains harm as a result of the operation or discharge of a firearm or that person's personal representative does not have a claim for relief against, and may not recover damages or injunctive relief in a tort or other civil action against, a member of the firearms industry based upon that harm.
(2) [F]orfeits the immunity from civil liability and
injunctive relief conferred by division (B)(1) of this section
if the member of the firearms industry operates or discharges
the firearm that results in the harm that is the basis of the
claim for relief in the tort or other civil action in a manner
that constitutes negligence, willful or wanton misconduct, or
intentionally tortious conduct or that constitutes a criminal
violation of law.
(3) [F]orfeits the immunity from civil liability and
injunctive relief conferred by division (B)(1) of this section
if the member of the firearms industry sells, lends, gives, or
furnishes to any person, in violation of section 2923.20 or 2923.21 or another section of the Revised Code or in violation
of federal law, the firearm that results in the harm that is
the basis of the claim for relief in the tort or other civil
action.
This section does not limit the availability of a civil action against a member of the firearms industry that seeks damages for harm based on a product liability claim authorized by sections 2307.71 to 2307.80; or for a breach of an express provision of a contract or of another agreement between persons, or a civil action for a breach of an express warranty pertaining to firearms, firearms components, or firearms ammunition. Section 2305.401(C)(2) & (3). Subsection (D) continues:
This section applies to tort or other civil actions
commenced on or after the effective date of this section, or
commenced prior to and pending on the effective date of this
section, for damages or injunctive relief based upon harm
allegedly sustained by any person as a result of the operation
or discharge of a firearm.
"Person" is defined to include individuals, corporations and all governmental entities. Section 2305.401(A)(5). "Tort action" means a civil action for damages for injury, death, or loss to person or property other than a civil action for damages for a breach of contract or another agreement between persons. Section 2305.401(A)(6).
State law provides limited immunity for owners, operators or users of a shooting range. Owners, operators, or users of a shooting range are not liable in damages in a civil action to any person for harm allegedly caused by noise at a range or the failure to limit or suppress noise at a range if the owner, operator, or user substantially complies with noise rules prescribed by the Chief of the Division of Wildlife ("Chief"). Section 1533.85(A)(1). This provision does not: 1) create a new cause of action or substantive legal right against an owner, operator, or user of a shooting range; or 2) affect any immunities from or defenses to civil liability established by other Ohio Revised Code sections or common law to which the owner, operator, or user of a shooting range may be entitled. Section 1533.85(A)(2)(a), (b).
The immunity provisions under section 1533.85(A) do not confer immunity from civil liability in relation to an owner's, operator's, or user's actions or omissions that constitute negligence, willful or wanton misconduct, or intentionally tortious conduct if those actions or omissions are not the subject of the Chief's noise rules or are not in substantial compliance with the Chief's rules. Section 1533.85(A)(2)(d).
State and municipal courts are not permitted to grant injunctive relief against the owner or operator of a shooting range in a nuisance action if the court determines that the owner's or operator's actions or omissions that are the subject of a complaint substantially complied with the Chief's noise or public safety rules, whichever apply to the nuisance action. Section 1533.85(C).
For detailed information about government and private party lawsuits against the gun industry, the status of litigation involving gun industry immunity statutes in various states, or pending gun industry immunity legislation, visit the Brady Center's Legal Action Project and the Coalition to Stop Gun Violence's Gun Industry Immunity page.
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Ohio does not regulate junk guns or unsafe firearms. However, according to research conducted by the Center to Prevent Handgun Violence (now Brady Center to Prevent Gun Violence), Ohio's Attorney General may have the authority to regulate junk guns, as well as promulgate other firearms safety standards, pursuant to the state's consumer sales practices act. See Ohio Rev. Code Ann. § 1345.05. For additional details, view the Center's report, Targeting Safety.
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No relevant statutes currently exist.
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No relevant statutes currently exist.
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Ohio Revised Code Ann. § 2923.25 provides that when selling any firearm, a federally licensed firearms dealer must offer for sale a trigger lock, gun lock, or gun locking device appropriate for the firearm being sold.
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Federal law prohibits any person from selling or otherwise transferring a firearm or ammunition to any person who has been “adjudicated as a mental defective” or “committed to any mental institution.” 18 U.S.C. § 922(d)(4). No federal law requires states to report the identities of these individuals to the National Instant Criminal Background Check System (NICS) database, which the FBI uses to perform background checks prior to firearm transfers.
There is no law in Ohio requiring the reporting of mental health information to NICS.
In Ohio, when an individual is found to be a “mentally ill person subject to hospitalization” by court order or becomes an involuntary patient of a mental health facility (other than for observation only) the adjudicating probate judge or chief clinical officer of the admitting facility must notify the Bureau of Criminal Identification and Investigation within seven days. Ohio Revised Code Ann. § 5122.311. The Bureau of Criminal Identification and Investigation must compile and maintain this information for use in conducting records checks on concealed weapon permit applicants. Id., Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, 2005 (November 2006).
For general information on the background check process and categories of prohibited purchasers/possessors, see the Ohio Background Checks section. |
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No person under age 18 shall purchase or attempt to purchase a firearm, and no person under age 21 shall purchase or attempt to purchase a handgun (except trained law enforcement officers). Ohio Rev. Code Ann. § 2923.211(A), (B).
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No relevant statutes currently exist.
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No relevant statutes currently exist.
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Private firearms transfers (i.e., transfers by non-firearms dealers) are not subject to a background check requirement in Ohio, although federal and state purchaser prohibitions still apply. See the Ohio Background Checks section.
Ohio Revised Code Ann. § 2923.20(A) states that no person shall recklessly sell, lend, give, or furnish a firearm to any person prohibited by sections 2923.13 (disabilities for criminal, mental health or drug history) or 2923.15 (intoxication) from acquiring or using any firearm. Nor shall any person knowingly fail to report to law enforcement "forthwith" the loss or theft of any firearm in his or her possession or control. Section 2923.20(A)(5).
Ohio prohibits any person from selling any firearm to any person under age 18, or any handgun to any person under age 21. Section 2923.21(A)(1), (2).
In addition, Ohio prohibits any person from selling or furnishing a firearm to a person age 18 or older (or a handgun to a person age 21 or older) if the seller or furnisher knows, or has reason to know, that the person is purchasing or receiving the firearm to resell the firearm to a person who is under age 18 (or under age 21 if the firearm is a handgun). Section 2923.21(A)(4)–(5). Furthermore, the state prohibits any person from purchasing or attempting to purchase any firearm with the intent to sell the firearm to a person who is under age 18 (or under age 21 if the firearm is a handgun). Section 2923.21(A)(6)-(7).
Furnishing (but not selling) a firearm to an underage person is permissible for lawful hunting, sporting or educational purposes if that person is under the supervision or control of a responsible adult. Section 2923.21(A)(3).
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No relevant statutes currently exist.
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It is unlawful for any person to fail to report to law enforcement “forthwith” when a firearm in his or her possession or control is lost or stolen. Ohio Revised Code Ann. § 2923.20. |
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No relevant statutes currently exist.
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