2006 Ohio Revised Code - [2923.12.8] 2923.128.Suspension or revocation of license.

[§ 2923.12.8]  § 2923.128. Suspension or revocation of license.
 

(A) (1)  If a licensee holding a valid license issued under section 2923.125 [2923.12.5] or 2923.1213 [2923.12.13] of the Revised Code is arrested for or otherwise charged with an offense described in division (D)(1)(d) of section 2923.125 [2923.12.5] of the Revised Code or with a violation of section 2923.15 of the Revised Code or becomes subject to a temporary protection order or to a protection order issued by a court of another state that is substantially equivalent to a temporary protection order, the sheriff who issued the license or temporary emergency license shall suspend it and shall comply with division (A)(3) of this section upon becoming aware of the arrest, charge, or protection order. 

(2) A suspension under division (A)(1) of this section shall be considered as beginning on the date that the licensee is arrested for or otherwise charged with an offense described in that division or on the date the appropriate court issued the protection order described in that division, irrespective of when the sheriff notifies the licensee under division (A)(3) of this section. The suspension shall end on the date on which the charges are dismissed or the licensee is found not guilty of the offense described in division (A)(1) of this section or, subject to division (B) of this section, on the date the appropriate court terminates the protection order described in that division. If the suspension so ends, the sheriff shall return the license or temporary emergency license to the licensee. 

(3) Upon becoming aware of an arrest, charge, or protection order described in division (A)(1) of this section with respect to a licensee who was issued a license under section 2923.125 [2923.12.5] or 2923.1213 [2923.12.13] of the Revised Code, the sheriff who issued the licensee's license or temporary emergency license to carry a concealed handgun shall notify the licensee, by certified mail, return receipt requested, at the licensee's last known residence address that the license or temporary emergency license has been suspended and that the licensee is required to surrender the license or temporary emergency license at the sheriff's office within ten days of the date on which the notice was mailed. 

(B) (1)  A sheriff who issues a license or temporary emergency license to carry a concealed handgun to a licensee under section 2923.125 [2923.12.5] or 2923.1213 [2923.12.13] of the Revised Code shall revoke the license or temporary emergency license in accordance with division (B)(2) of this section upon becoming aware that the licensee satisfies any of the following: 

(a) The licensee is under twenty-one years of age. 

(b) At the time of the issuance of the license or temporary emergency license, the licensee did not satisfy the eligibility requirements of division (D)(1)(c), (d), (e), (f), (g), or (h) of section 2923.125 [2923.12.5] of the Revised Code. 

(c) On or after the date on which the license or temporary emergency license was issued, the licensee is convicted of or pleads guilty to a violation of section 2923.15 of the Revised Code or an offense described in division (D)(1)(e), (f), (g), or (h) of section 2923.125 [2923.12.5] of the Revised Code. 

(d) On or after the date on which the license or temporary emergency license was issued, the licensee becomes subject to a civil protection order or to a protection order issued by a court of another state that is substantially equivalent to a civil protection order. 

(e) The licensee knowingly carries a concealed handgun into a place that the licensee knows is an unauthorized place specified in division (B) of section 2923.126 [2923.12.6] of the Revised Code. 

(f) On or after the date on which the license or temporary emergency license was issued, the licensee is adjudicated as a mental defective or is committed to a mental institution. 

(g) At the time of the issuance of the license or temporary emergency license, the licensee did not meet the residency requirements described in division (D)(1) of section 2923.125 [2923.12.5] of the Revised Code and currently does not meet the residency requirements described in that division. 

(h) Regarding a license issued under section 2923.125 [2923.12.5] of the Revised Code, the competency certificate the licensee submitted was forged or otherwise was fraudulent. 

(2) Upon becoming aware of any circumstance listed in division (B)(1) of this section that applies to a particular licensee who was issued a license under section 2923.125 [2923.12.5] or 2923.1213 [2923.12.13] of the Revised Code, the sheriff who issued the license or temporary emergency license to carry a concealed handgun to the licensee shall notify the licensee, by certified mail, return receipt requested, at the licensee's last known residence address that the license or temporary emergency license is subject to revocation and that the licensee may come to the sheriff's office and contest the sheriff's proposed revocation within fourteen days of the date on which the notice was mailed. After the fourteen-day period and after consideration of any information that the licensee provides during that period, if the sheriff determines on the basis of the information of which the sheriff is aware that the licensee is described in division (B)(1) of this section and no longer satisfies the requirements described in division (D)(1) of section 2923.125 [2923.12.5] of the Revised Code that are applicable to the licensee's type of license, the sheriff shall revoke the license or temporary emergency license, notify the licensee of that fact, and require the licensee to surrender the license or temporary emergency license. 
 

HISTORY: 150 v H 12, § 1, eff. 4-8-04.
 

See the provisions of § 10 of H.B. 12 (150 v  - ) following RC § 2923.12.