We found no Ohio statute that creates an extreme risk protection order, the court order often called a red flag law. Ohio does have protection orders,...
Reviewed by Will Luker, Founder of CCW Hub. USCCA Training Counselor, USCCA Certified Instructor, NRA Certified Instructor, Law Enforcement.
We found no Ohio statute that creates an extreme risk protection order, the court order often called a red flag law. Ohio does have protection orders, and they reach your concealed handgun license. A temporary protection order suspends a license. A civil protection order revokes it. A mental-health adjudication or commitment can also bar a person from having a firearm, whether or not the person holds a license.
Ohio still issues a concealed handgun license through the county sheriff. An applicant must be at least 21 years old to receive one. The protection-order rules reach people who hold a license or apply for one. The mental-health firearm disability reaches a person in the categories R.C. 2923.13(A)(5) lists, whether or not that person holds a license.
We found no Ohio statute that creates an extreme risk protection order, having read Ohio Revised Code 2923.128 in full. We found no Ohio statute that says who may petition for such an order. We found no Ohio statute that sets the standard a court applies before entering such an order. We found no Ohio statute that lets a court enter such an order without notice to the respondent. We found no Ohio statute that sets how long an ex parte order or a final order lasts. We found no Ohio statute that says how a respondent moves to terminate, modify, or appeal such an order, or how a petitioner extends one. We found no Ohio statute that sets a penalty for violating such an order, for a false petition, or for giving a firearm to a person restrained by such an order. Ohio uses other routes instead.
Under R.C. 2923.13(A)(5), a person under adjudication of mental incompetence or committed to a mental institution may not acquire, have, carry, or use a firearm. The same bar applies to a person found by a court to be a person with a mental illness subject to court order, or an involuntary patient other than for observation.
A licensee who becomes subject to a temporary protection order, or an equivalent order of another state, has the license suspended under R.C. 2923.128(A)(1). The suspension runs from the date the order issues until the court terminates the order. The sheriff notifies the licensee of the suspension by certified mail. Under R.C. 2923.128(A)(3), the licensee must surrender the license at the sheriff's office within ten days of the date the notice was mailed.
A licensee who becomes subject to a civil protection order, or an equivalent order of another state, has the license revoked under R.C. 2923.128. A revoked license is surrendered under R.C. 2923.128.
An applicant currently subject to a civil protection order, a temporary protection order, or a protection order of another state cannot be issued a license.
None of the Ohio routes lets a court order firearms removed from a person on a dangerousness petition alone. What the protection-order rules require you to surrender is the license. If a suspension ends because the court terminates the protection order, the sheriff must return the license under R.C. 2923.128(A)(1)(b).
Ohio sets conditions before a court may grant relief ending a firearm disability. If the disability is based on an indictment, conviction, or adjudication, the applicant must be fully discharged from imprisonment, community control, post-release control, and parole. An applicant under indictment must instead have been released on bail or recognizance. If the disability is based on another factor, a court may end it only once that factor no longer applies, under R.C. 2923.14(D)(1)(b).
| Situation | Effect | Law |
|---|---|---|
| Adjudication of mental incompetence, commitment to a mental institution, a court finding of mental illness subject to court order, or an involuntary patient other than for observation | May not acquire, have, carry, or use a firearm | R.C. 2923.13(A)(5) |
| Temporary protection order against a licensee | License suspended until the court terminates the order | R.C. 2923.128(A)(1) |
| Sheriff mails suspension notice | Surrender license at the sheriff's office within ten days of mailing | Ohio Revised Code 2923.128(A)(3) |
| Court terminates the temporary order | Sheriff returns the license | R.C. 2923.128(A)(1)(b) |
| Civil protection order against a licensee | License revoked | R.C. 2923.128 |
We found no Ohio statute that creates an extreme risk protection order. None of the routes Ohio does have lets a court order firearms removed from a person on a dangerousness petition alone.
The sheriff suspends it from the date the order issues until the court terminates the order. You must surrender it at the sheriff's office within ten days of the date the notice was mailed.
If the suspension ends because the court terminates the temporary order, the sheriff must return the license. A civil protection order works differently. It revokes the license.
No. An applicant currently subject to a civil protection order, a temporary protection order, or a protection order of another state does not meet the issuance criteria.
Yes. A licensee subject to an out-of-state order equivalent to a temporary protection order has the license suspended. A licensee subject to an out-of-state order equivalent to a civil protection order has the license revoked.
This page covers one part of our Ohio concealed carry guide.
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