Chapter 109:2-13 Firearms Re-qualifications Program

109:2-13-01 Definitions.

When used in this chapter:

(A) The term "commission" means the Ohio peace officer training commission;

(B) The term "firearms re-qualification instructor" means a person who instructs in law enforcement firearms re-qualification 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 commission;

(D) The term "firearms re-qualification 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 re-qualification 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.

R.C. 119.032 review dates: 04/12/2013 and 04/12/2018
Promulgated Under: 119.03
Statutory Authority: 109.74
Rule Amplifies: 109.73 , 109.75 , 109.801
Prior Effective Dates: 1/1/1995, 1/1/2003, 02/04/2008, 04/14/2013

109:2-13-02 Firearms re-qualification program.

(A) Statement of purpose

(1) It shall be clearly understood that the firearms re-qualification program described is an absolute minimum program. Firearms re-qualification 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 re-qualification instructor, chief of police, sheriff, superintendent of the state highway patrol, or other person having such authority to establish a higher standard of re-qualification 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 re-qualification 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 re-qualification program within the time specified in paragraph (D) of this rule.

(D) All persons required to successfully complete a firearms re-qualification program shall do so once each calendar year.

(E) The hours a sheriff spends attending a firearms re-qualification 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.

(G) Compliance with annual firearms re-qualification has no affect on a law enforcement officer's Ohio peace officer training commission certification.

R.C. 119.032 review dates: 04/12/2013 and 04/12/2018
Promulgated Under: 119.03
Statutory Authority: 109.74
Rule Amplifies: 109.73 , 109.75 , 109.801
Prior Effective Dates: 1/1/1995, 1/1/2003, 4/24/2008, 4/14/2013

109:2-13-03 Approval of firearms re-qualification programs.

(A) Submission of re-qualification programs for approval.

The firearms re-qualification 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 re-qualification 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 re-qualification remain unchanged and the firearms re-qualification program originally submitted for approval remains unchanged. If the minimum requirements for the firearms re-qualification are changed or if the firearms re-qualification program submitted for approval is changed, a revised firearms re-qualification 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 re-qualification instructor in charge of the re-qualification 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 sections 119.06 and 119.07 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 re-qualification instructor, he shall cease conducting the re-qualification program even though a hearing has been requested in accordance with sections 119.01 to 119.13 of the Revised Code.

R.C. 119.032 review dates: 04/12/2013 and 04/12/2018
Promulgated Under: 119.03
Statutory Authority: 109.74
Rule Amplifies: 109.73 , 109.75 , 109.801
Prior Effective Dates: 1/1/1995, 1/1/2003, 2/4/2008, 4/14/2013

109:2-13-04 Approval of instructors.

(A) Each instructor conducting a firearms re-qualification program is required to have the approval of the executive director. Any person seeking certification as a firearms re-qualification instructor shall submit to the executive director an application for certification.

(B) Each person seeking certification as a firearms re-qualification instructor shall meet the following:

(1) Completion of a firearms instructor training course for each weapon for which he will be conducting a re-qualification program.

(2) Completion of three years of relevant law enforcement experience .

(C) No credit for completing a firearms re-qualification program will be given to any person unless the person conducting the re-qualification program has been approved and is current as a re-qualification instructor by the executive director. In no manner may an instructor requalify him/herself.

(D) Certification as a firearms re-qualification instructor must be renewed every three years.

(1) At least sixty days and no more than ninety days prior to expiration of the certificate, the instructor shall file with the executive director an application for renewal on a form supplied by the executive director. The instructor shall also file written documentation that the instructor has conducted at least two firearms re-qualification programs within the three year period. Such documentation may be in the form of a letter from a CEO or copies of proficiency records showing instructor signature and date of program.

(2) Failure to conduct two firearms re-qualification programs within the three year period will cause certification as a firearms re-qualification 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 executive director shall notify the person in writing. 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 before the commission. 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 sections 119.06 and 119.07 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) The executive director may revoke the certificate of any instructor for the following reasons:

(a) Failure to meet renewal criteria;

(b) Failure to meet renewal deadline;

(c) Submission of falsified records, application, or other documentation;

(d) Conviction of a felony or crime of moral turpitude; or

(e) Any other good cause shown.

(5) Upon receipt of the denial or revocation order by the firearms re-qualification program instructor, the instructor shall cease conducting or participating in any re-requalification program approved by the executive director.

Effective: 01/19/2014
R.C. 119.032 review dates: 10/31/2013 and 01/19/2019
Promulgated Under: 119.03
Statutory Authority: R.C. 109.74
Rule Amplifies: R.C. 109.73 , R.C. 109.75 , R.C. 109.801
Prior Effective Dates: 1/1/95, 1/1/03, 4/24/08, 9/5/13

109:2-13-05 Explanation of the minimum requirements for firearms re-qualification.

(A) The firearms re-qualification 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 re-qualification. If the shooter wears civilian attire while on duty, this type of clothing should be worn during re-qualification.

(B) The executive director shall design a firearms re-qualification 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 firearmsre-qualification instructor or chief executive officer of a law enforcement agency upon request and shall include re-qualification criteria for the handgun, shotgun, submachine gun, scoped-sighted rifle, and police rifle carbine.

(C) A firearms re-qualification instructor may design a program which includes those criteria outlined in paragraph (B) of this rule and shall submit on forms provided by the executive director, such program to the executive director for his approval. Re-qualification 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 re-qualification program, the executive director shall notify the agency in writing. Such notice shall state the reason for the denial, and state that the party will be afforded a hearing. 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 sections 119.06 and 119.07 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.

(D) Annual re-qualification proficiency records are to be maintained at the local level.

R.C. 119.032 review dates: 04/12/2013 and 04/12/2018
Promulgated Under: 119.03
Statutory Authority: 109.74
Rule Amplifies: 109.73 , 109.74 , 109.801
Prior Effective Dates: 1/1/1995, 1/1/2003, 2/4/2008, 4/14/2013