Bill
SB 413
The bill clarifies and tightens rules for transporting firearms in motor vehicles and vessels, including storage, accessibility, and enforcement, while expanding CHL suspensions an
SB 413 (Ohio Senate) - 136th General Assembly
Title: Regards transporting a firearm in a motor vehicle
Purpose and intent
- Modify the circumstances under which a person may transport a firearm in a motor vehicle (and related vessels), clarifying possession, transport, and accessibility rules; expand or align provisions with vessel-related contexts and CHI (concealed handgun license) processes where applicable.
- Clarify enforcement, affirmative defenses, and penalties associated with improper handling or transport of firearms in vehicles (both motor vehicles and vessels).
Key provisions and changes (substantive)
- Definitions and scope (Sec. 1547.69):
- Aligns terms such as firearm, concealed handgun license, handgun, and active duty with existing law (section 2923.11).
- Replaces “vehicle” references with “vessel” for unloaded firearm rules when applied to vessels (for sections addressing transport via watercraft).
- Vessel-related firearm transport (Sec. 1547.69(C)-(J)):
- Prohibits knowingly discharging a firearm on a vessel.
- Prohibits transporting or possessing a loaded firearm in a vessel if accessible to the operator or passengers.
- Outlines acceptable vessel storage/transport for firearms that are unloaded:
- In a closed package, box, or case.
- In plain sight with the action opened or weapon stripped (or in plain sight if the firearm’s action cannot stay open or be easily stripped).
- Provides affirmatives defenses (to charges under vessel-related sections) similar to those for firearms in motor vehicles, with conditions tied to lawful purposes and the vehicle being on the actor’s own property, and pre-transport on property requirements.
- Specifies exemptions related to law enforcement, active-duty military with proper credentials, hunting, and certain on-property circumstances.
- Allows relief/defenses for transporting firearms on private property, and for certain on-property open carrying (subject to conditions).
- Defines enforcement and notification duties if a license is suspended or revoked (for CHL holders), and establishes timing for surrender of licenses.
- Concealed handgun licenses and suspensions (Sec. 2923.128):
- Creates suspension triggers for CHL holders when arrested for certain offenses or under protection orders; requires suspension and notification to the licensee; sets end dates for suspensions tied to dismissal or conviction outcomes.
- Establishes grounds for suspension and revocation (under several subsections) and requires notifying the licensee.
- Provides expungement pathways for certain past offenses and directs the Attorney General to publish public advisories about expungement, including distribution to newspapers and TV stations.
- Motor vehicle firearm transport (Sec. 2923.16):
- Reiterates firearm transport rules in motor vehicles:
- Firearm must be unloaded when transported.
- Specified secure storage methods (closed package, compartment not accessible from inside the vehicle, or plain sight with the action opened or weapon stripped, or other specified secure arrangements for long guns, with minimum length thresholds).
- Prohibits transporting a loaded handgun in a motor vehicle if the operator or any passenger is under the influence of alcohol or a controlled substance.
- Recognizes CHL holders and active-duty military with proper credentials, training, and not being in restricted places, as exceptions to certain prohibitions.
- Sets enhanced restrictions during traffic stops or motor carrier enforcement stops; requires disclosure and prohibits certain handling actions during stops unless directed by law enforcement or unit officials.
- Outlines exceptions for hunting or agricultural properties, vehicle-permit holders, and on-duty personnel under specified conditions.
- Provides on-property or on-private-property exceptions for individuals who meet property-related conditions and who had not previously transported or possessed firearms in a prohibited manner.
- Expungement process and fee (Sec. 2953.35):
- Expands eligibility to file for expungement of certain past firearm offenses under specified pre-2011 and pre-2022 divisions, with potential retroactive considerations.
- Specifies filing procedures, hearing requirements, and standard for granting expungement (balancing applicant interests against government needs).
- Sets a filing fee: $50 (with $30 to state treasury and $20 to county general revenue).
- Miscellaneous:
- Maintains Coast Guard signaling device exemptions, ensuring signaling devices used for distress signals remain outside strict firearm transport restrictions.
- Clarifies who may administer chemical tests and how evidence can be used in DUI-type prosecutions; describes lab report admissibility standards and associated protections.
Who is affected
- Concealed handgun license (CHL) holders and active-duty U.S. military personnel carrying firearms in motor vehicles or vessels.
- Operators and passengers of motor vehicles and vessels, particularly when transporting firearms.
- Law enforcement and motor carrier enforcement units enforcing stop-related conduct and disclosures.
- Prosecutors, judges, and courts handling CHL suspensions, revocations, expungement, and related proceedings.
- Individuals with past firearm-related offenses who may seek expungement under the new expungement provisions.
Procedural and timeline aspects
- The bill modifies several sections of the Revised Code, with definitional clarifications and new rules for vessels and motor vehicles.
- CHL suspensions and revocations are triggered by arrests, charges, or protective orders, with defined timelines for license surrender and recovery.
- Expungement provisions include filing timelines tied to the existence of past offenses and require court processing, hearings, and published advisories.
- Effective dates are not specified in the introduced text provided; the bill would become law upon passage and gubernatorial signing, with potential retroactive components for expungement provisions as described.
Notes for readers
- The bill integrates vessel-specific rules into firearm transport law, aligning watercraft contexts with land-based vehicle rules.
- It expands expungement opportunities for certain historical offenses and increases oversight of CHL suspensions tied to criminal or protective-order issues.
- Penalties for violations vary by division (ranging from misdemeanors to felonies), with enhanced restrictions during enforcement stops.
Compiled from official sources — confirm details with the bill’s official record.
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