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Section 549.12 which prohibits the discharge of firearms within the corporate limits, shall not apply to any of the following:
(a) The firing of firearms by law enforcement officers in the performance of their official duties or during training.
(b) The firing of a military salute by a duly authorized person.
(c) The discharge of firearms by military personnel acting under military authority;
(d) The discharge of firearms by any person in the exercise of the right of self defense; or
(e) The discharge of a blank gun with a blank cartridge in connection with an organized sporting event.
(Ord. 81-49. Passed 3-2-81.)
(a) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) "Air gun." A hand pistol or rifle that propels its projectile by means of releasing compressed air, carbon dioxide, or other gas.
(2) "Airport operational surface." Any surface of land or water that is developed, posted, or marked so as to give an observer reasonable notice that the surface is designed and developed for the purpose of storing, parking, taxiing, or operating aircraft, or any surface of land or water that is actually being used for any of those purposes.
(3) "Firearm." Has the same meaning as in Ohio R.C. 2923.11.
(4) "Spring-operated gun." A hand pistol or rifle that propels a projectile not less than four or more than five millimeters in diameter by means of a spring.
(b) No person shall do either of the following:
(1) Knowingly throw an object at, or drop an object upon, any moving aircraft.
(2) Knowingly shoot with a bow and arrow, or knowingly discharge a firearm, air gun, or spring-operated gun, at or toward any aircraft.
(c) No person shall knowingly or recklessly shoot with a bow and arrow, or shall knowingly or recklessly discharge a firearm, air gun, or spring-operated gun, upon or over any airport operational surface. This division does not apply to the following:
(1) An officer, agent, or employee of this or any other state or of the United States, or a law enforcement officer, authorized to discharge firearms and acting within the scope of his or her duties.
(2) A person who, with the consent of the owner or operator of the airport operational surface or the authorized agent of either, is lawfully engaged in any hunting or sporting activity or is otherwise lawfully discharging a firearm.
(d) Whoever violates division (b) of this section is guilty of endangering aircraft, a misdemeanor of the first degree. If the violation creates any risk of physical harm to any person, or if the aircraft that is the subject of the violation is occupied, endangering aircraft is a felony to be prosecuted under appropriate State law.
(e) Whoever violates division (c) of this section is guilty of endangering airport operations, a misdemeanor of the second degree. If the violation creates a risk of physical harm to any person or substantial risk of serious harm to any person, endangering airport operations is a felony to be prosecuted under appropriate State law. In addition to any other penalty or sanction imposed for the violation, the hunting license or permit of a person who violates division (c) of this section while hunting shall be suspended or revoked pursuant to Ohio R.C. 1533.68.
(ORC 2909.08(A) - (E))
(a) No person shall possess or have under his or her control any substance, device, instrument, or article, with purpose to use it criminally.
(b) Each of the following constitutes prima facie evidence of criminal purpose:
(1) Possession or control of any dangerous ordnance, or the materials or parts for making a dangerous ordnance, in the absence of circumstances indicating the dangerous ordnance, materials or parts are intended for a legitimate use.
(2) Possession or control of any substance, device, instrument, or article designed or specially adapted for criminal use.
(3) Possession or control of any substance, device, instrument, or article commonly used for criminal purposes, under circumstances indicating the item is intended for criminal use.
(c) Whoever violates this section is guilty of possessing criminal tools. Except as otherwise provided in this division, possessing criminal tools is a misdemeanor of the first degree. If the circumstances indicate that the substance, device, instrument, or article involved in the offense was intended for use in the commission of a felony, possessing criminal tools is a felony to be prosecuted under appropriate State law.
(ORC 2923.24)
(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) (1) This section does not apply to any of the following:
A. An officer, agent, or employee of this or any other state or the United States who is authorized to carry deadly weapons or dangerous ordnance and is acting within the scope of the officer’s, agent’s, or employee’s duties;
B. A law enforcement officer who is authorized to carry deadly weapons or dangerous ordnance;
C. A 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;
D. 1. Any person not described in divisions (b)(1)A. to (b)(1)C. of this section 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, provided both of the following apply:
a. Either the person has successfully completed the curriculum, instruction, and training established under R.C. § 5502.703, or the person has received a certificate of having satisfactorily completed an approved basic peace officer training program or is a law enforcement officer;
b. The board or governing body has notified the public, by whatever means the affected school regularly communicates with the public, that the board or governing body has authorized one or more persons to go armed within a school operated by the board or governing authority.
2. A district board or school governing body that authorizes a person under division (b)(1)D. of this section shall require that person to submit to an annual criminal records check conducted in the same manner as R.C. § 3319.39 or R.C. § 3319.391.
E. Any person who is employed in this state, who is authorized to carry deadly weapons or dangerous ordnance, and who is subject to and in compliance with the requirements of R.C. § 109.801, unless the appointing authority of the person has expressly specified that the exemption provided in division (b)(1)E. of this section does not apply to the person.
(2) 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, re-enactment or other dramatic presentation, school safety training, or a ROTC activity or another similar use of the object.
(3) This section does not apply to a person who conveys or attempts to convey a handgun into, or possesses a handgun in, a school safety zone if, at the time of that conveyance, attempted conveyance, or possession of the handgun, all of the following apply:
A. The person does not enter into a school building or onto school premises and is not at a school activity.
B. The person has been issued a concealed handgun license that is valid at the time of the conveyance, attempted conveyance, or possession or the person is an active duty member of the armed forces of the United States and is carrying a valid military identification card and documentation of successful completion of firearms training that meets or exceeds the training requirements described in R.C. § 2923.125(G)(1).
C. The person is in the school safety zone in accordance with 18 U.S.C. § 922(q)(2)(B).
D. The person is not knowingly in a place described in Ohio R.C. 2923.126(B)(1) or (B)(3) to (B)(8).
(4) This section does not apply to a person who conveys or attempts to convey a handgun into, or possesses a handgun in, a school safety zone if at the time of that conveyance, attempted conveyance, or possession of the handgun all of the following apply:
A. The person has been issued a concealed handgun license that is valid at the time of the conveyance, attempted conveyance, or possession or the person is an active duty member of the armed forces of the United States and is carrying a valid military identification card and documentation of successful completion of firearms training that meets or exceeds the training requirements described in R.C. § 2923.125(G)(1).
B. The person leaves the handgun in a motor vehicle.
C. The handgun does not leave the motor vehicle.
D. If the person exits the motor vehicle, the person locks the motor vehicle.
(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 division, illegal possession of an object indistinguishable from a firearm in a school safety zone is a misdemeanor of the first degree. 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 to be prosecuted under appropriate State law.
(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 division (d)(2) of this section, if the offender has not attained 19 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 Director of Education and Workforce prescribes minimum standards under R.C. § 3301.07, the court shall impose upon the offender a class four suspension of the offender’s probationary driver’s license, restricted license, driver’s license, commercial driver’s license, temporary instruction permit or probationary commercial driver’s license that then is in effect from the range specified in R.C. § 4510.02(A)(4) and shall deny the offender the issuance of any permit or license of that type during the period of the suspension. If the offender is not a resident of this state, the court shall impose a class four suspension of the nonresident operating privilege of the offender from the range specified in R.C. § 4510.02(A)(4).
(2) If the offender shows good cause why the court should not suspend one of the types of licenses, permits or privileges specified in division (d)(1) of this section or deny the issuance of one of the temporary instruction permits specified in division (d)(1) of this section, the court in its discretion may choose not to impose the suspension, revocation or denial required in division (d)(1) of this section, but the court, in its discretion, instead may require the offender to perform community service for a number of hours determined by the court.
(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(C) - (G))
Statutory reference:
Conveyance or possession of deadly weapons or dangerous ordnance in a school safety zone, felony offense, see Ohio R.C. 2923.122(A), (B)
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