2006 Ohio Revised Code - 109.69. Reciprocity agreements with states issuing licenses to carry concealed handguns.

§ 109.69. Reciprocity agreements with states issuing licenses to carry concealed handguns.
 

(A) (1)  The attorney general shall negotiate and enter into a reciprocity agreement with any other license-issuing state under which a license to carry a concealed handgun that is issued by the other state is recognized in this state if the attorney general determines that both of the following apply: 

(a) The eligibility requirements imposed by that license-issuing state for that license are substantially comparable to the eligibility requirements for a license to carry a concealed handgun issued under section 2923.125 [2923.12.5] of the Revised Code. 

(b) That license-issuing state recognizes a license to carry a concealed handgun issued under section 2923.125 [2923.12.5] of the Revised Code. 

(2) A reciprocity agreement entered into under division (A)(1) of this section also may provide for the recognition in this state of a license to carry a concealed handgun issued on a temporary or emergency basis by the other license-issuing state, if the eligibility requirements imposed by that license-issuing state for the temporary or emergency license are substantially comparable to the eligibility requirements for a license or temporary emergency license to carry a concealed handgun issued under section 2923.125 [2923.12.5] or 2923.1213 [2923.12.13] of the Revised Code and if that license-issuing state recognizes a temporary emergency license to carry a concealed handgun issued under section 2923.1213 [2923.12.13] of the Revised Code. 

(3) The attorney general shall not negotiate any agreement with any other license-issuing state under which a license to carry a concealed handgun that is issued by the other state is recognized in this state other than as provided in divisions (A)(1) and (2) of this section. 

(B)  As used in this section: 

(1) "Handgun" has the same meaning as in section 2923.11 of the Revised Code. 

(2) "License-issuing state" means a state other than this state that, pursuant to law, provides for the issuance of a license to carry a concealed handgun. 
 

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

The provisions of § 6, H.B. 12 (150 v  - ), read as follows: 

SECTION 6. In amending sections 1547.69, 2911.21, 2921.13, 2923.12, 2923.121, 2923.123, 2923.13, 2923.16, 2953.32, and 4749.10 of the Revised Code and in enacting sections 109.69, 109.731, 311.41, 311.42, and 2923.124 to 2923.1213 of the Revised Code in this act, the General Assembly hereby declares its intent to recognize both of the following: 

(A) The inalienable and fundamental right of an individual to defend the individual's person and the members of the individual's family; 

(B) The fact that the right described in division (A) of this section predates the adoption of the United States Constitution, the adoption of the Ohio Constitution, and the enactment of all statutory laws by the General Assembly and may not be infringed by any enactment of the General Assembly. 

The provisions of § 7, H.B. 12 (150 v  - ), read as follows: 

SECTION 7. In enacting sections 109.69, 109.731, 311.41, 311.42, and 2923.124 to 2923.1213 of the Revised Code in this act and in amending sections 1547.69, 2911.21, 2921.13, 2923.12, 2923.121, 2923.123, 2923.13, 2923.16, 2953.32, and 4749.10 of the Revised Code in this act relative to licenses to carry a concealed handgun, the General Assembly hereby declares that it is not its intent to declare or otherwise give the impression that, prior to the effective date of this act, an individual did not have an inalienable and fundamental right, or a right under the Ohio Constitution or the United States Constitution, to carry a concealed handgun or other firearm for the defense of the individual's person or a member of the individual's family while engaged in lawful activity. Further, the General Assembly declares that it is not its intent to invalidate any prior convictions for violating any section of the Revised Code or a municipal ordinance prior to the effective date of this act or to prevent the prosecution of any violation committed prior to the effective date of this act. 

The provisions of § 9, H.B. 12 (150 v  - ), read as follows: 

SECTION 9. The General Assembly finds that licenses to carry concealed handguns are a matter of statewide concern and wishes to ensure uniformity throughout the state regarding the qualifications for a person to hold a license to carry a concealed handgun and the authority granted to a person holding a license of that nature. It is the intent of the General Assembly in amending sections 1547.69, 2911.21, 2921.13, 2923.12, 2923.121, 2923.123, 2923.16, 2953.32, and 4749.10 and enacting sections 109.69, 109.731, 311.41, 311.42, and 2923.124 to 2923.1213 of the Revised Code to enact laws of a general nature, and, by enacting those laws of a general nature, the state occupies and preempts the field of issuing licenses to carry a concealed handgun and the validity of licenses of that nature. No municipal corporation may adopt or continue in existence any ordinance, and no township may adopt or continue in existence any resolution, that is in conflict with those sections, including, but not limited to, any ordinance or resolution that attempts to restrict the places where a person possessing a valid license to carry a concealed handgun may carry a handgun concealed. 

The provisions of § 10, H.B. 12 (150 v  - ), read as follows: 

SECTION 10. If any provision of sections 1547.69, 2911.21, 2913.02, 2921.13, 2923.12, 2923.121, 2923.123, 2923.16, 2929.14, 2953.32, and 4749.10 of the Revised Code, as amended by this act, any provision of sections 109.69, 109.731, 311.41, 311.42, 2923.124, 2923.125, 2923.126, 2923.127, 2923.128, 2923.129, 2923.1210, 2923.1211, 2923.1212, and 2923.1213 of the Revised Code, as enacted by this act, or the application of any provision of those sections to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the particular section or related sections that can be given effect without the invalid provision or application, and to this end the provisions of the particular section are severable. 
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