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Ohio Laws and Rules
When used in these rules:
(A) The term “council” means the Ohio peace officer training council;
(B) The term “firearms requalification instructor” means a person who instructs in firearms requalification programs and who has been approved to do so by the executive director;
(C) The term “executive director” means the executive director of the Ohio peace officer training council;
(D) The term “firearms requalification program” means that program prescribed in rule 109:2-13-05 of the Administrative Code which has been approved by the executive director, in writing, as meeting or exceeding the minimum standards prescribed in that rule;
(E) The term “persons required to successfully complete a firearms requalification program” means any person designated in section 109.801 of the Revised Code;
(F) The term “firearm” has the same meaning as in section 2923.11 of the Revised Code.
HISTORY: Eff 1-1-95; 1-1-03
Rule promulgated under: RC 119.03
Rule authorized by: RC 109.74
Rule amplifies: RC 109.73, 109.75, 109.801
R.C. 119.032 Review Dates: 2/15/2002 and 01/01/2008
(A) Statement of purpose
(1) It shall be clearly understood that the firearms requalification program described is an absolute minimum program. Firearms requalification instructors are encouraged to exceed this program wherever possible to include the use of deadly force, firearms use policy, general safety procedures, and other relevant topics.
(2) Nothing in these rules shall limit or be construed as limiting the power of a firearms requalification instructor, chief of police, sheriff, superintendent of the state highway patrol, or other person having such authority to establish a higher standard of requalification than those required by the rules of this chapter.
(B) Those persons set out in section 109.801 of the Revised Code shall complete the firearms requalification program.
(C) No person set out in section 109.801 of the Revised Code shall carry a firearm authorized for use during the course of the person’s duties unless the person has successfully completed a firearms requalification program within the time specified in paragraph (D) of this rule.
(D) All persons required to successfully complete a firearms requalification program shall do so once each calendar year.
(E) The hours a sheriff spends attending a firearms requalification program are in addition to the sixteen hours of continuing education required by division (E) of section 311.01 of the Revised Code.
(F) This program will affect all firearms authorized by the employing agency for use by those persons set out in section 109.801 of the Revised Code.
HISTORY: Eff 1-1-95; 1-1-03
Rule promulgated under: RC 119.03
Rule authorized by: RC 109.74
Rule amplifies: RC 109.73, 109.75, 109.801
R.C. 119.032 Review Dates: 2/15/2002 and 01/01/2008
(A) Submission of requalification programs for approval.
(1) The firearms requalification instructor in charge of the program shall forward to the executive director, on forms provided by the executive director, a proposed course of fire. The executive director shall review the course of fire.
(B) Firearms requalification programs which meet the requirements set forth in rule 109:2-13-05 of the Administrative Code shall be approved by the executive director. The approval shall be given in writing and continuously valid, provided the minimum requirements for firearms requalification remain unchanged and the firearms requalification program originally submitted for approval remains unchanged. If the minimum requirements for the firearms requalification are changed or if the firearms requalification program submitted for approval is changed, a revised firearms requalification program shall be submitted to the executive director for his approval.
(C) Revocation of program approval.
(1) The executive director may revoke the approval of any program for failure to maintain the minimum standards set forth in the rules contained in this chapter of the Administrative Code. The executive director shall notify the firearms requalification instructor in charge of the requalification program and the chief executive officer of the agency employing the instructor in writing of this revocation and shall send this notice by certified mail, return receipt requested, not later than the business day next succeeding such order. Such notice shall state the reasons for the executive director’s action, cite the law or rule directly involved, and state that the party will be afforded a hearing if he requests it within thirty days of the time of mailing the notice. A copy of such notice shall be mailed to attorneys or other persons of record representing the party.
(2) Notification of such hearing shall be made in accordance with section 119.06 of the Revised Code;
(3) The commission shall conduct the hearing in conformance with the provisions of sections 119.01 to 119.13 of the Revised Code.
(4) Upon receipt of the revocation order by the firearms requalification instructor, he shall cease conducting the requalification program even though a hearing has been requested in accordance with sections 119.01 to 119.13 of the Revised Code.
HISTORY: Eff 1-1-95; 1-1-03
Rule promulgated under: RC 119.03
Rule authorized by: RC 109.74
Rule amplifies: RC 109.73, 109.75, 109.801
R.C. 119.032 Review Dates: 2/15/2002 and 01/01/2008
(A) Each instructor conducting a firearms requalification program is required to have the approval of the executive director. Any person seeking certification as a firearms requalification instructor after January 1, 2003 shall submit to the executive director, on a form provided by the executive director, an application for certification.
(B) Each person seeking certification as a firearms requalification instructor shall meet the following:
(1) Completion of a firearms instructor training course for each weapon for which he will be conducting a requalification program.
(2) Completion of a firearms requalification seminar approved by the executive director.
(3) Completion of three years of experience as a law enforcement officer.
(C) No credit for completing a firearms requalification program will be given to any person unless the person conducting the requalification program has been approved as a requalification instructor by the executive director.
(D) Certification as a firearms requalification instructor must be renewed every three years. Renewal will be based upon documentation provided to the executive director that the instructor has conducted at least two firearms requalification programs within the three year period. Failure to conduct two firearms requalification programs within the three year period will cause certification as a firearms requalification instructor to lapse.
(E) Denial or revocation of certification or renewal
(1) Should the executive director refuse to issue or renew a certificate, or should he revoke a certificate for just cause, the notice of this action shall be sent to the party by certified mail, return receipt requested, not later than the business day next succeeding such order. Such notice shall state the reason for the denial or revocation, cite the law or rule directly involved and state that the party will be afforded a hearing if he requests it within thirty days of the time of the mailing of the notice. A copy of such notice shall be mailed to attorneys or other representatives of record representing the party.
(2) Notice of such hearings shall be made in accordance with section 119.06 of the Revised Code.
(3) The commission shall conduct the hearing in conformance with the provisions of sections 119.01 to 119.13 of the Revised Code.
(4) Upon receipt of the denial or revocation order by the firearms requalification program instructor, the instructor shall cease conducting or participating in any requalification program approved by the executive director.
HISTORY: Eff 1-1-95; 1-1-03
Rule promulgated under: RC 119.03
Rule authorized by: RC 109.74
Rule amplifies: RC 109.73, 109.75, 109.801
R.C. 119.032 Review Dates: 2/15/2002 and 01/01/2008
(A) The firearms requalification program should place the shooter as close as possible to the conditions the shooter would experience in an encounter in which the use of a firearm would be justified. The ammunition used shall be factory loads or equivalent in its power factor. The method of carry used during requalification shall be the same method of carry used while on duty. If the shooter wears body armor, a portable radio, baton or other equipment while on duty, these items should be worn during requalification. If the shooter wears civilian attire while on duty, this type of clothing should be worn during requalification.
(B) The executive director shall design a firearms requalification program to include target style, scoring method, scoring system, time limits, minimum rounds to be fired, practical exercises, and other criteria. This program shall be made available to any firearms requalification instructor or chief executive officer of a law enforcement agency upon request and shall include requalification criteria for the handgun, shotgun, submachine gun, scoped-sighted rifle, and tactical assault rifle or carbine.
(C) A firearms requalification instructor may design a program which includes those criteria outlined in paragraph (B) of this rule and shall submit such program to the executive director for his approval. Requalification programs which are submitted to the executive director shall be equal to or exceed established minimum requirements. The approval of such programs shall be given in writing.
(1) Should the executive director refuse to approve a firearms requalification program, the notice of this action shall be sent to the party by certified mail, return receipt requested, not later than the business day next succeeding such order. Such notice shall state the reason for the denial, cite the law or rule directly involved and state that the party will be afforded a hearing if he requests it within thirty days of the time of the mailing of the notice. A copy of such notice shall be mailed to attorneys or other representatives of record representing the party.
(2) Notice of such hearings shall be made in accordance with section 119.06 of the Revised Code,
(3) The commission shall conduct the hearing in conformance with the provisions of sections 119.01 to 119.13 of the Revised Code.
HISTORY: Eff 1-1-95; 1-1-03
Rule promulgated under: RC 119.03
Rule authorized by: RC 109.74
Rule amplifies: RC 109.73, 109.74, 109.801
R.C. 119.032 Review Dates: 2/15/2002 and 01/01/2008