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.

Five Year Review (FYR) Dates: 4/12/2018 and 04/12/2023
Promulgated Under: 119.03
Statutory Authority: 109.74
Rule Amplifies: 109.73, 109.74 , 109.801
Prior Effective Dates: 01/01/1995, 01/01/2003, 02/04/2008, 04/14/2013

Prior History: (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)