THIS IS NOT LEGAL ADVICE. IF YOU NEED LEGAL ADVICE CONSULT A LAWYER IN YOUR JURISDICTION. I am not responsible for any reliance on the information. It is not certified to be accurate. Rely on the information contained at your own risk. Legal Issues with Obtaining, Possessing, and Using a Concealed Firearm in OHIO

1. Legal Issues with
Obtaining, Possessing, and
Using a Concealed Firearm
Presented by: Merisa K. Bowers, Esq.
Merisa K. Bowers Attorney at Law LLC
Merisa@MerisaBowersLaw.com

2. • “Ohio’s Concealed Carry Laws and License Application”
published by Mike DeWine, Ohio Attorney General
Available at www.OhioAttorneyGeneral.gov
• “Ohio CCW Information Center”
published by Buckeye Firearms Association
Available at http://www.buckeyefirearms.org/
• Ohio Revised Code, Chapter 29
[Duties of Licensed Individual 2923.126]
http://codes.ohio.gov/orc/29
• United States Code
18 U.S.C. Chapter 44; 26 U.S.C. Chapter 53
• U.S. Bureau of Alcohol, Tobacco, Firearms & Explosives
(ATF)
www.atf.gov/firearms/
RESOURCES

3. • Certificate of Competency
• Review Ohio Attorney General Handbook
• ≥ 21 years old
• Resident of Ohio for ≥ 45 days
• Resident of home county for ≥ 30 days
• BCII background check
• Application
CHL Requirements

4. • Minors: Must be at least 21 to handle/own a
handgun or semi-automatic; must be at least 16 to
use/handle a shotgun and rifle and 18 to own
shotgun or rifle
• Active alcoholism, drug dependency
• Convicted or under indictment of a felony
• Convicted of domestic violence (misdemeanor)
• Committed to mental institution, incompetent*
• Dishonorable Discharge from Armed Forces
• Subject of Civil Protection Order (Domestic
Violence)
Who can’t possess a gun?

5. • All above PLUS:
• Convicted of misdemeanor drug
offense, misdemeanor offense of violence, assault on
peace officer, negligent assault, falsification of a
CHL, resisting arrest.**
• Subject to Temporary Protection Order
• NOTE: SEALED/EXPUNGED convictions do not
count.
Who can’t get a CHL?

6. Responsible gun owners
have a DUTY to prevent
unauthorized persons
from obtaining access to
your firearms and
ammunition.

7. Possible Penalties for allowing
access to unauthorized persons
• Criminal Charges such as:
• Child Endangering (R.C. 2919.22) M1 – F2
• Furnishing Firearm to a Minor (R.C. 2923.21) F5
• Unlawful Transaction in Weapons (R.C. 2923.20)
M4 – F4
• Failure to secure dangerous ordnance (2929.19) M2
• Loss of CHL

8. • License is valid for 5 years
• May renew 90 days prior to expiration
• Copy of your Certificate of Competency (valid for first
license and first renewal)
• Review Application online
http://www.ohioattorneygeneral.gov/Law-
Enforcement/Concealed-Carry
• Schedule appointment with Sheriff’s Office
• Don’t take a firearm to the Sheriff’s Office
License and Application

9. • Question - How long is my license valid?
• Answer - Licenses issued after March 2007 are valid for 5
years.
• Question – When can I renew my license?
• Answer – You can renew up to 90 days before it expires, or
after the license expires.
• Question – What do I need to renew my license?
• Answer – If you’re renewing for the first time, you can just
bring your prior license or a copy of the competency
certificate. If you’re renewing for the second time, you need
a renewed competency certification.
License FAQs

10. • You must carry valid government identification in
addition to your license when you are carrying.
• You must register your new address with the County
Sheriff’s Office if you move.
• You have an obligation to be aware of the
validity/suspension (status) of your license.
Duties of CHL

11. • Police, Sheriff’s, Highway boundary*
Patrol, or any other Law • Universities (may be locked
Enforcement Station or in car in parking area)
Facility • Churches, unless specifically
• Facilities for care of mentally permitted
ill (incl. group homes) • Bars if you’re drinking
• Airport terminals/airplanes (2923.15)*
• Courthouses or buildings • Post Offices
where a courtroom is located • Anywhere a sign prohibiting
• School zones & daycares – CCW is posted.
everything up to property
Duties when CCW:
Forbidden Carry Zones

13. • Dashcam of Canton, Ohio Traffic Stop – Ohioans for
Concealed Carry www.OhioCCW.org
• On June 8, 2011 the following unfortunate arrest took place in
Canton, OH. Notifying the policy when you have a firearm is
required by Ohio Law, but when this individual with a thirty-
day old license tries to do that he is repeatedly ordered to look
away, shut up, or interrupted and “forced” to change what he is
speaking about by the actions of an aggressive cop who
maintains verbal control of the situation.
• http://youtu.be/kassP7zI0qc?t=3m
Duties when CCW:
Traffic Stop

14. • If you’re stopped (whether in a vehicle or not), and
you’re carrying, you must promptly inform the officer
that you have a license and that you’re carrying.
• If in a vehicle, (1) Stay in the car; and (2) keep your
hands in plain sight.
• Don’t try to touch or contact the gun.
• If you have a CHL, gun may be transported in any safe
manner.
Duties when CCW:
Traffic Stop

15. State v. Sharda Johnson, Cuyahoga County, Ohio
(Decided 11/1/12)
• Shooting in area; Sharda pulled over because her car
matched description
• Officer asked Sharda for ID and to step out of car; purse
opened and revealed loaded handgun
• She then told Officer she had CHL
• Officer discovered CHL was under suspension; Sharda
denies knowing about suspension
• Conviction (F4 CCW) upheld: Sharda failed to update
address and Sheriff sent certified mail to last known
address about suspension
Duties when CCW

16. • Deadly force may only be used to prevent serious bodily
harm or death. Deadly force may never be used to
protect property only.
• Even if the victim caused the situation, the licensee may
face criminal/civil punishment if the force was
inappropriate or excessive.
• Self defense is an “affirmative defense.” This means
the defendant has the burden of proving that she
acted in self defense or defense of another.
Deadly Force & Self Defense

17. • Three Conditions Required to Prove Self Defense:
• (1) Defendant is not at fault. Not initial aggressor or
initiator; not escalator.
• (2) Reasonable and Honest Belief of [Serious] Danger.
Jury decides this. Are you willing to let12 other people
scrutinize your actions? (Threats alone insufficient.)
• (3) Duty to Retreat. You have an absolute duty to retreat
unless you’re at home or in your vehicle (Castle
Doctrine). If a person can escape danger by means such
as leaving or using less than deadly force, she must use
those means.
Deadly Force & Self Defense

18. • Defending others - Held to same standard as self defense.
• Law specifically discourages involvement. (Remember,
you might not know the whole story.)
• Deadly force never allowed to protect property. (Aiming
at their legs does not mean it’s not “deadly.”)
Defense of Others & Property

19. • I’ve just drawn my firearm. What now?
• Call 911. “There’s been a shooting at [address.] Medical
attention is needed.”
• Provide name, DOB, Driver’s License, and CHL
• THEN STOP TALKING.
• “Officer, I respectfully decline to answer any questions
and ask to speak with my attorney.”
• “I need medical treatment.”
• You are going to be arrested.
Deadly Force & Self Defense

20. • State v. Eric Bundy, Pike County, Decided 8/20/12
• Eric was a “bodyguard” for a drug dealer. The drug dealer
and his brother “Pig” found out that Eric was going to sell
the dealer’s drugs and keep the money. They broke out
the windows of his car and started dragging him out of
the car (disputed). Eric fired his gun (disputed whether
intentional or accidental).
• Eric’s gun shot killed Pig instantly.
• Jury did not believe Eric acted in self defense because it
was disputed whether Pig was attempting access to Eric’s
car at the time Eric fired the shot.
• Appellate court upheld conviction for reckless homicide.
Self Defense Case Study

21. • CHL-holder R.O. was approached by four teens, one of
whom was armed with a handgun. The armed gang
demanded his cell phone and other property, police said.
After giving up his cell phone, R.O. attempted to retreat
from the situation, but the robber grabbed his arm.
• The CHL-holder broke free, pulled his gun and fired one
shot, missing the teens, who took off running.
• The victim then ran to a pay phone, but before he could
call for help, the teens approached him again.
• When a gun was leveled at him a second time, R.O. fired
again, scaring off the armed robbers for good.
Self Defense Problems

22. • 78-yr-old homeowner. The home invasion happened
around 11:30 p.m.. T.Z., who is renovating his late
mother's home so he can rent it out, was sleeping on the
couch in the kitchen. When he awoke, he saw a flashlight
beam, and heard the door being pried open.
• When the door was pushed open, T.Z. fired one
shot, striking his attacker in the chest.
• Police arrived on scene and found the teenage suspect
with a gunshot wound to the torso. He was armed with a
crowbar and handgun. EMS transported the teen to the
hospital where he underwent surgery.
Self Defense Problems

23. QUESTIONS?
COMMENTS?
Presented by:
Merisa K. Bowers, Esq.
Merisa K. Bowers Attorney at Law LLC
Merisa@MerisaBowersLaw.com
614.753.2235