Retired Officer Directive

Purpose

This is the Ohio Department of Natural Resources directive regarding the retired ODNR law enforcement officer’s handgun qualifications.

Background

On September 9, 2008 Senate Bill 184 became effective. This bill amends sections 2307.60, 2901.05, 2923.12, 2923.121, 2923.122, 2923.125, 2923.126, 2923.128, 2923.129, 2923.1210, 2923.1212, 2923.1213, 2923.16, and 2929.14 and to enact sections 2307.601, 2901.09, and 2923.163 of the Revised Code. 2923.126 of the Ohio Revised Code specifies exemption of carry concealed permit requirements for qualified law enforcement and specifies requalification program requirements on the part of the officer and agency.

The Ohio Department of Natural Resources will adopt a requalification program for retired law enforcement staff until changed by law or direction of the Ohio Peace Officer Training Council.

Retired Officer Considerations

1. When an individual retires from the Ohio Department of Natural resources as a “Peace Officer’ and wishes to meet the exemption for concealed carry outlined in 2923.125 & 2923.126 of the ORC the following guidelines must be met:
   1. Before retiring from service as a peace officer with ODNR, the person was regularly employed as a peace officer for an aggregate of fifteen years or more, or, in the alternative, the person retired from service as a peace officer with ODNR, after completing any applicable probationary period of that service, due to a service-connected disability, as determined by the agency.
   2. The person retired in good standing from service as a peace officer with the agency, and the retirement was not for reasons of mental instability.
   3. Before retiring from service as a peace officer with ODNR, the person was authorized to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law and the person had statutory powers of arrest.
   4. At the time of the person’s retirement as a peace officer with that agency, the person was trained and qualified to carry firearms in the performance of the peace officers duties.

Agency Requirement

1. When an individual retires as a peace officer in good standing with the agency, the following guidelines must be met for carrying handgun concealed exemption of 2923.125 & 2923.126 of the ORC.
   1. A retired peace officer identification card was issued to identify the person by name, contains a photograph of the person, identify the agency and specify that the person retired in good standing from service as a peace officer with the Ohio Department of Natural Resources. When issuing credentials to active law enforcement officers who serve the agency, the agency may comply by issuing the same credentials to persons who retired from service as a peace officer with the agency, provided that the credentials so issued to retired peace officers are stamped with the word "RETIRED."

Agency Considerations

1. ODNR will provide persons who retired from service as a peace officer a retired peace officer identification card. ODNR may charge a fee for replacement of a lost or damaged card.
2. ODNR may charge a reasonable fee to pay for cost associated with the re-qualification program to include range fees, certification documents, targets, cardboard and other undetermined program expenses.
3. Upon retirement the ODNR officer will receive a requalification certification dated five years after the last agency handgun requalification.

Retired Officer Requalification Program

1. ODNR retired officer firearms requalification program will be approved pursuant to 109.801 of the Revised Code.
2. Retired officers must successfully complete the course once every five years.
3. Retired officers participating in qualifications will supply the firearm, ammunition and personal safety equipment required on the range by the ODNR firearm instructor.
4. The retired peace officer shall be issued an ODNR firearms requalification certification that identifies the retired peace officer by name, specifies that the retired peace officer successfully completed the requalification program, specifies the date on which the course was successfully completed, and specifies that the requalification is valid for five years from that date of successful completion.
5. All certification records are to be maintained by the retired officer participating in the requalification. ODNR is not responsible or liable for maintaining officer specific information documenting the qualification.
6. ODNR may deny participation in a requalification program if the participant is under the influence of alcohol or another intoxicating or hallucinatory drug or substance.
7. ODNR will conduct retired officer requalifications with active status OPOTA certified handgun instructors.
8. ODNR may remove any participant in a requalification program if the participant fails to comply with firearms safety standards as trained during the course of their active training enforcement period. Participants who are viewed unsafe and no longer physically capable of participating in a requalification program will not be allowed to participate.
9. Any retired peace officer holding credentials or ODNR identification must certify upon seeking to attend the handgun requalification program that they have not been convicted of a crime of violence or felony. Retired officers who have been convicted of a crime of violence or felony will no longer be considered retired in good standing and will be prohibited from participating in any requalification program. All credentials issued including identification are property of the state of Ohio Department of Natural Resources and will be recovered from the individual who has been convicted of a crime of violence or felony as soon as reasonably possible.
10. ODNR active firearms instructors holding the retired officer requalification program will be in an active pay status, considered as performing duties as required.