(a) No person shall knowingly possess an object in a school safety zone if both of the following apply:
(1) The object is indistinguishable from a firearm, whether or not the object is capable of being fired.
(2) The person indicates that the person possesses the object and that it is a firearm, or the person knowingly displays or brandishes the object and indicates that it is a firearm.
(b) This section does not apply to officers, agents or employees of this State or any other state or the United States, to law enforcement officers authorized to carry deadly weapons or dangerous ordnance and acting within the scope of their duties, to any security officer employed by a board of education or governing body of a school during the time that the security officer is on duty pursuant to that contract of employment, or to any other person who has written authorization from the board of education or governing body of a school to convey deadly weapons or dangerous ordnance into a school safety zone or to possess a deadly weapon or dangerous ordnance in a school safety zone and who conveys or possesses the deadly weapon or dangerous ordnance in accordance with that authorization.
This section does not apply to premises upon which home schooling is conducted. This section also does not apply to a school administrator, teacher or employee who possesses an object that is indistinguishable from a firearm for legitimate school purposes during the course of employment, a student who uses an object that is indistinguishable from a firearm under the direction of a school administrator, teacher or employee, or any other person who, with the express prior approval of a school administrator, possesses an object that is indistinguishable from a firearm for a legitimate purpose, including the use of the object in a ceremonial activity, a play, reenactment or other dramatic presentation, or a ROTC activity or another similar use of the object.
(c) Whoever violates this section is guilty of illegal possession of an object indistinguishable from a firearm in a school safety zone. Except as otherwise provided in this subsection, illegal possession of an object indistinguishable from a firearm in a school safety zone is a misdemeanor of the first degree and shall be subject to the penalty provided in Section 698.02. If the offender previously has been convicted of a violation of this section, illegal possession of an object indistinguishable from a firearm in a school safety zone is a felony of the fifth degree and shall be prosecuted under Ohio R.C. 2923.122.
(d) (1) In addition to any other penalty imposed upon a person who is convicted of or pleads guilty to a violation of this section, and subject to paragraph (d)(2) hereof, if the offender has not attained nineteen years of age, regardless of whether the offender is attending or is enrolled in a school operated by a board of education or for which the state board of education prescribes minimum standards under Ohio R.C. 3301.07, the court shall impose upon the offender whichever of the following penalties applies:
A. If the offender has been issued a probationary driver's license, restricted license, driver's license or probationary commercial driver's license that then is in effect, the court shall suspend for a period of not less than twelve months and not more than thirty-six months that license of the offender.
B. If the offender has been issued a temporary instruction permit that then is in effect, the court shall revoke it and deny the offender the issuance of another temporary instruction permit. The period of denial shall be for not less than twelve months and not more than thirty-six months.
C. If the offender has been issued a commercial driver's license temporary instruction permit that then is in effect, the court shall suspend the offender's driver's license, revoke the commercial driver's license temporary instruction permit and deny the offender the issuance of another commercial driver's license temporary instruction permit. The period of suspension plus the period of denial shall total not less than twelve months and not more than thirty-six months.
D. If, on the date the court imposes sentence upon the offender for a violation of this section, the offender has not been issued any type of license that then is in effect to operate a motor vehicle in this State or a temporary instruction permit that then is in effect, the court shall deny the offender the issuance of a temporary instruction permit for a period of not less than twelve months and not more than thirty-six months.
E. If the offender is not a resident of this State, the court shall suspend for a period of not less than twelve months and not more than thirty-six months the nonresident operating privileges of the offender.
(2) If the offender shows good cause why the court should not suspend or revoke one of the types of licenses, permits or privileges specified in paragraph (d)(1) hereof or deny the issuance of one of the temporary instruction permits specified in that paragraph, the court in its discretion may choose not to impose the suspension, revocation or denial required in that paragraph.
(e) As used in this section, “object that is indistinguishable from a firearm” means an object made, constructed or altered so that, to a reasonable person without specialized training in firearms, the object appears to be a firearm.
(ORC 2923.122)