How Does Senate Bill 215 Affect Concealed Carry Laws in Ohio?
- Effective June 13, 2022, Senate Bill 215 created “permitless carry” in Ohio.
- This allows a qualifying adult to carry a concealed handgun in Ohio without obtaining a concealed handgun license (CHL).
- Ohio still offers concealed carry licenses (for reciprocity, background checks, etc.), but they are no longer required for in-state carry.
Who Can Carry a Concealed Handgun Without a Permit in Ohio?
- You may carry a concealed handgun without a license if you are a “qualifying adult.”
- A qualifying adult is someone who:
- Is 21 years of age or older
- Is legally allowed to possess a firearm under state and federal law
Disqualifiers Include (not exhaustive):
- Conviction of a felony or any crime punishable by more than one year in prison;
- Current indictment for, or conviction of, a felony drug offense;
- Conviction of a misdemeanor crime of domestic violence;
- Being a fugitive from justice;
- Being an unlawful user of, or addicted to, a controlled substance;
- Being adjudicated mentally incompetent or committed to a mental institution;
- Being illegally or unlawfully in the United States;
- Being dishonorably discharged from the Armed Forces;
- Renouncing U.S. citizenship;
- Being subject to a civil protection order or temporary protection order (Ohio or another state);
- Having a current suspension of a concealed carry license;
- If you have had one of the above convictions, but you have had them expunged, then they will no longer count as a conviction for the purposes of disqualifying you from having a concealed handgun without a permit in Ohio.
Where Can I Carry a Concealed Handgun in Ohio?
- Permitless carry does not change prohibited locations.
- You still may NOT carry a concealed handgun in places such as:
- Courthouses;
- Police stations, sheriff’s offices, and jails;
- Certain government buildings with posted signage;
- School safety zones (with limited statutory exceptions);
- Private property where firearms are posted as prohibited;
- Bars / liquor establishments if consuming alcohol;
- The same restrictions that apply to licensed carriers apply to permitless carriers.
What Weapons Can I Carry?
- Permitless carry applies to handguns only.
- A “handgun” is a firearm with a short stock designed to be fired with one hand.
- Permitless carry does not include rifles, shotguns, or "restricted firearms."
Can I Have a Medical Marijuana Card and Carry a Handgun?
- No.
- Federal law prohibits possession of firearms by an unlawful user of a controlled substance, and marijuana remains a Schedule I controlled substance federally.
- Therefore, having an active Ohio medical marijuana card prohibits you from lawfully possessing a firearm under federal law. Congress has considered changing this, but as of today, marijuana remains federally illegal.
What Happens If I’m Pulled Over While Carrying a Concealed Handgun?
- Under SB 215, Ohio no longer requires voluntary, automatic notification to police that you are carrying.
- However, you must disclose the fact that you are carrying IF THE OFFICER ASKS YOU.
- You may NOT:
- Fail to disclose that you are carrying after being asked.
- Touch the firearm without direction.
- Ignore, disobey, or delay compliance with lawful orders.
- Act in a way that places officers at risk.
- Best practice during a traffic stop:
- Keep hands visible.
- Stay calm.
- Do not reach toward the firearm.
- Comply with all commands.
- Penalties:
- Failure to comply with disclosure, handling, or obstruction rules can still result in a misdemeanor charge.
Does Permitless Carry Affect Firearms in Vehicles?
- Yes, a "qualifying adult" may carry a loaded handgun in a vehicle, concealed or otherwise, without a permit.
- However, the offense of improperly handling firearms in a motor vehicle still applies in many situations, including:
- Handling or brandishing the weapon negligently;
- Having a firearm while intoxicated;
- Having a firearm while committing other specified offenses.
- In some jurisdictions, prosecutors are still charging improper handling depending on the circumstances.
- If you carry a firearm in a vehicle, exercise extreme caution.
Do I Still Need a Permit?
- Not to carry in Ohio.
- But a CHL is still valuable because:
- It provides reciprocity in other states.
- It may allow faster firearms transfers.
- It may help avoid certain legal misunderstandings.
- It provides proof of training.
- Many gun owners continue to obtain a CHL for those reasons.
If I’m Charged With a Concealed Carry or Firearms Violation, What Should I Do?
- Gun laws are complicated, rapidly evolving, and police/prosecutors may not always apply SB 215 correctly.
- If you are charged with:
- Carrying a concealed weapon;
- Improperly handling a firearm in a motor vehicle;
- Weapons under disability;
- Or any firearm-related offense.
- You should contact an experienced criminal defense attorney immediately.
- Makridis Law Firm, LLC will review the facts, the stop, and the officer’s conduct to determine whether you actually violated Ohio law, and whether your gun rights can be preserved or restored.
CONTACT AN EXPERIENCED CRIMINAL DEFENSE LAWYER TODAY
Call Makridis Law Firm at (330) 394-1587 to schedule a free consultation. Our lawyers will discuss the facts of your case and develop a strategy to fight the charges.