HOUSE BILL 12:
OFF DUTY OFFICERS AND CONCEALED CARRY

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R. Michael Taylor
State Secretary & Legislative Chairman

 The Ohio F.O.P. legislative committee was very much involved with H.B. 12 as it went through the legislative process. H.B. 12 allows Ohioans to obtain a permit to carry a concealed weapon. Questions have been asked about how the passage of H.B. 12 affects the carrying of a concealed weapon by an off-duty law enforcement officer. The Ohio Association of Chiefs of Police has released an opinion based on their understanding of the intent of the legislation in regards to the ability of law enforcement officers to carry off duty. The F.O.P. of Ohio strongly disagrees with the O.A.C.P. interpretation.

The O.A.C.P. has stated that in enacting Section 2923.126(D), “we believe the legislature recognized the distinction between carrying on duty and off duty. Section 2923.126(D) (new law as passed by HB 12) states “A peace officer has the same right to carry a concealed handgun in this state as a person who was issued a license to carry a concealed handgun under section 2923.125 of the revised code, For purposes of reciprocity with other states, a peace officer shall be considered to be a licensee in this state”. The O.A.C.P. interprets this to only mean that a peace officer does not have to apply for a license as he/she is in effect given one by operation of law. The O.A.C.P. has taken the position that when off duty, a peace officer is no more than a licensee and subject to the same restrictions. The “peace officer has the same right” language was put into H.B.12 at the request of the F.O.P. and it is for that reason that we speak to the intent of that language. It in no way was requested with intent to in any way restrict off duty carry of peace officers. The intent was simply to allow off duty peace officers the same privileges in the area of reciprocity with other states and we believe the language is quite clear on this.

Section 2923.12 states that the prohibition against carrying a concealed weapon DOESN’T apply to peace officers authorized to carry a concealed weapon and acting within the scope of their duties (this provision is unchanged by H.B. 12). This language is clear and the practice of off duty carry is no different now than before the passage of H.B. 12. The F.O.P believes that the O.A.C.P. has incorrectly interpreted “within the scope of their duties” and “on duty” (the eight hours paid duty), as meaning the same thing and therefore have drawn the conclusion that if you are “off duty” you are not within the scope of your duties. Again the F.O.P. strongly disagrees with that conclusion, and points to Section 4123.04. Ohio law provides that worker’s compensation benefits are available to peace officers when injured while taking police action outside their jurisdiction on or off duty. The legislation that passed in 1998 that created this section was drafted at the request of the F.O.P. and the intent is once again clear. Peace officers can be within the scopes of their duties, off duty and outside their jurisdiction.

The O.A.C.P. also has said that their position appears to be the position of the Ohio Highway Patrol, based on O.S.P. work rules. The F.O.P. has contacted O.S.P. on this issue. O.S.P. told us that their work rule was in place for their troopers and not an interpretation as to how H.B. 12 affects off duty carry by peace officers. The F.O.P. has been told that O.S.P. plans to treat off duty officers carrying a concealed handgun in the same manner as prior to H.B. 12 becoming law.

In closing the Fraternal Order of Police does not agree that peace officers who are authorized to carry a concealed handgun off duty are in any way considered to be “licensees” nor are they required to abide by the restrictions placed on CCW permit holders in H.B. 12.

Legislation Affecting Your Pension System


To: Ohio FOP Members
From: FOP Legislative Committee
Re: Legislation Affecting Your Pension Systems
Date: 11/17/2003

- Contact your local State Representative, Senator, Speaker Householder, and Senate President White immediately regarding Sub Senate Bill 133 and Sub House Bill 227. Both bills were drafted and introduced in the Ohio legislature in an attempt to increase oversight and accountability of Ohio’s public pension systems.

- While the FOP supports the idea of increasing accountability of our pensions systems we are opposed to several amendments added to the legislation that takes away some of the responsibility given to our elected Board representatives as well as raising constitutional concerns over the release of private or confidential information.

- As passed by the Senate, Sub SB 133, raises privacy and confidentiality issues regarding a member’s right to file for disability. Currently the legislation requires notice to be given to the chief of police or fire if an employee of these divisions has filed an application for disability benefits. The FOP strongly objects to this language contained in this bill and would like to see it taken out before the legislation is passed by the House.

- As passed by the House, Sub HB 227, contains language giving the Treasurer of the State a seat on the Pension Board and the authority to appoint the executive directors of the retirement funds. The Directors of the pension systems will serve at the pleasure of the Treasurer of State. The FOP objects to this language giving the Treasurer this much authority on our pension systems. We feel this is the authority given to our elected peers who sit on the Boards and not the Treasurer of State.

- While the FOP agrees that increased oversight and accountability will be good for the systems we do not want to see the purpose or authority of the Boards diminished.

- These two bills are only the start of what appears to be an overhaul that will take place in our pension systems early next year. We have heard rumors around the Statehouse that there is a possibility, within Ohio Police and Fire, that legislation will be introduced changing the retirement age for law enforcement to 52 years as well as reducing benefits in order to financially shore up the system. The FOP Legislative Committee will send out further updates as these rumors develop in the Statehouse.

Contact Information:

Senate President Doug White, 614-466-8082,
Statehouse, Columbus, OH 43215
email- dwhite@mailr.sen.state.oh.us

House Speaker Larry Householder, 614-466-2500,
Ohio House of Representatives, 77 South High St., Columbus, 43266
email- 91@ohr.state.oh.us

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