State v. Brown: Ohio Permitless Carry Rules and Restrictions

Ohio permitless carry lets any adult who is legally eligible to own a firearm carry a concealed handgun anywhere in the state without a license, background check for that license, or training course. The rule took effect on June 13, 2022, under Senate Bill 215, and it is codified at Ohio Revised Code 2923.111. You still have to meet eligibility requirements, avoid prohibited locations, and follow specific rules during police encounters. The license did not go away; it is now optional, and there are good reasons to hold one anyway.

Who Qualifies to Carry Without a Permit

ORC 2923.111 uses the term “qualifying adult.” To fit the definition, you must meet three requirements: you are at least 21 years old, you are not prohibited from possessing firearms under federal law (18 U.S.C. § 922(g)) or Ohio law (ORC 2923.13), and you satisfy the other eligibility criteria that used to apply to license applicants.1Ohio Legislative Service Commission. Ohio Revised Code 2923-111 – Concealed Carry by a Qualifying Adult

A qualifying adult can carry a concealed handgun anywhere in Ohio that a licensed carrier could. The same rights, the same restrictions.

If you qualify today and later fall into a prohibited category, your right to carry ends “automatically and immediately.” No grace period, no notice from the state.1Ohio Legislative Service Commission. Ohio Revised Code 2923-111 – Concealed Carry by a Qualifying Adult

Who Is Disqualified

The qualifying-adult definition folds in the federal prohibited-persons list at 18 U.S.C. § 922(g). If any of these apply to you, you cannot carry under Ohio’s permitless carry law:

  • Anyone convicted of a crime punishable by more than one year in prison.
  • Fugitives from justice.
  • Anyone who unlawfully uses or is addicted to a controlled substance.
  • Anyone formally adjudicated as mentally defective or involuntarily committed to a mental institution.
  • Anyone subject to a qualifying domestic violence protective order or convicted of a misdemeanor crime of domestic violence.
  • Anyone discharged from the military under dishonorable conditions.
  • Former U.S. citizens who have renounced their citizenship.

These federal bars apply regardless of Ohio law.2Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts Ohio adds its own disqualifiers under ORC 2923.13, including chronic alcohol or drug dependency and certain juvenile adjudications.

Where You Still Cannot Carry Concealed

Permitless carry is not carry-everywhere. ORC 2923.126(B) lists locations where even licensed carriers cannot bring a concealed handgun, and those restrictions apply equally to qualifying adults:

  • Police stations, sheriff’s offices, highway patrol stations, jails, prisons, and similar law enforcement or detention facilities.
  • School safety zones, as defined under ORC 2923.122.
  • Any building containing a courtroom.
  • Premises with a D-class liquor permit, which covers most bars and some restaurants.
  • Public or private college and university campuses, unless the governing board has adopted a policy allowing it or the handgun is secured in a locked vehicle.
  • Places of worship, unless the religious organization posts or permits otherwise.
  • State and local government buildings, unless the governing body has passed a policy allowing concealed carry.
  • Any area of an airport terminal beyond security screening.
  • Any place where federal law bars firearms.

Carrying into any of these locations is a criminal offense, and not knowing about the restriction is not a defense.3Ohio Legislative Service Commission. Ohio Revised Code 2923.126 – Duties of Licensed Individual

What to Do During a Police Stop

The old law required anyone carrying concealed to “promptly” disclose to any law enforcement officer that they were armed, whether or not the officer asked. SB 215 flipped this. Under ORC 2923.12(B)(1), you must disclose only “before or at the time a law enforcement officer asks” whether you are carrying. If the officer never asks, you have no independent duty to volunteer it.4Ohio Legislative Service Commission. Ohio Revised Code 2923.12 – Carrying Concealed Weapons

The other duties during a stop have not changed. Keep your hands in plain sight. Do not touch or reach for the firearm. Comply with lawful orders. Violating any of these remains a criminal offense.4Ohio Legislative Service Commission. Ohio Revised Code 2923.12 – Carrying Concealed Weapons

The Federal School Zone Trap

Here is the catch that surprises most people. The federal Gun-Free School Zones Act, 18 U.S.C. § 922(q), makes it a crime to possess a firearm within 1,000 feet of any K-12 school, public or private. There is an exception for someone “licensed to do so by the State in which the school zone is located,” but the exception requires the state to have verified the person’s qualifications before issuing the license.2Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts

A qualifying adult carrying without a license does not have a state-issued license and does not fit within that exception. Read literally, an otherwise law-abiding Ohioan carrying concealed past a school is committing a federal felony while being fully compliant with Ohio law. Federal prosecution for this is rare. The exposure is real. If your daily route takes you within 1,000 feet of any school, this matters.

Why the Optional Ohio License Still Has Value

Ohio’s concealed handgun license remains available to anyone who meets the original requirements, including the eight hours of firearms training with live-fire and a background check through the county sheriff. Two reasons to get one anyway.

First is the school zone problem above. A state-issued license puts you inside the federal exception and eliminates that felony exposure for routine carry near schools.

Second is reciprocity. Under ORC 109.69, Ohio negotiates agreements with other states to recognize each other’s licenses. When you travel, your Ohio license is what lets you carry in a reciprocal state. Being a “qualifying adult” under Ohio law gives you no rights in another state. Some neighboring states have their own permitless carry laws, but not all, and eligibility can differ. A license travels; the permitless carry right does not.

How a Recent Ruling Affects People Under Indictment

ORC 2923.13(A)(2) has long barred anyone under felony indictment from possessing a firearm, and being under indictment took you out of the qualifying-adult definition. In January 2025, the First District Court of Appeals held that this indictment-based ban is unconstitutional. In State v. Brown, 2025-Ohio-8, the court found that Ohio “offers no evidence of any specific historical tradition, dating back either to the founding or reconstruction era, of categorically disarming individuals based solely on the fact of their indictment.”5Supreme Court of Ohio. State v. Brown, 2025-Ohio-8

The ruling is narrow. It applies to indictment alone, not to convicted felons or other traditionally disqualified groups. And it is not yet statewide law: Brown comes from the First District in Hamilton County, other appellate districts are not bound by it, and the Ohio Supreme Court has not ruled. Until it does, the decision is persuasive authority a defense attorney can use, not a settled rule you can rely on to carry while under indictment.