(a) No person shall knowingly carry or have, concealed on his or her person or concealed ready at hand, any deadly weapon or dangerous ordnance except as provided in Ohio R.C. 2923.12.
(b) This section does not apply to officers, agents, or employees of this or any other state or of the United States, or to law enforcement officers, authorized to carry concealed weapons or dangerous ordnance, and acting within the scope of their duties.
(c) It is an affirmative defense to a charge under this section of carrying or having control of a weapon other than dangerous ordnance that the actor was not otherwise prohibited by law from having the weapon, and that any of the following apply:
(1) The weapon was carried or kept ready at hand by the actor for defensive purposes, while the actor was engaged in or was going to or from his or her lawful business or occupation, which business or occupation was of such character or was necessarily carried on in such manner or at such a time or place as to render the actor particularly susceptible to criminal attack, that would justify a prudent person in going armed.
(2) The weapon was carried or kept ready at hand by the actor for defensive purposes, while the actor was engaged in a lawful activity, and had reasonable cause to fear a criminal attack upon himself, herself or a member of his or her family, or upon his or her home, such as would justify a prudent person in going armed.
(3) The weapon was carried or kept ready at hand by the actor for any lawful purpose and while in his or her own home.
(4) The weapon was being transported in a motor vehicle for any lawful purpose, and was not on the actor’s person, and, if the weapon was a firearm, was carried in compliance with the applicable requirements of Ohio R.C. 2923.16(C).
(d) Whoever violates this section is guilty of carrying concealed weapons, a misdemeanor of the first degree. If the offender previously has been convicted of a violation of this section or a substantially equivalent state law or municipal ordinance, or of any offense of violence, if the weapon involved is a firearm that is either loaded or for which the offender has ammunition ready at hand, or if the weapon involved is a dangerous ordnance, carrying concealed weapons is a felony to be prosecuted under appropriate State law. If the weapon involved is a firearm and the violation of this section is committed at premises for which a D Permit has been issued under Ohio R.C. Chapter 4303, or if the offense is committed aboard an aircraft, or with purpose to carry a concealed weapon aboard an aircraft, regardless of the weapon involved, carrying concealed weapons is a felony to be prosecuted under appropriate State law.
(Ord. 74-2004. Passed 4-19-04.)
Statutory reference:
Carrying concealed weapons, see Ohio R.C. 2923.12
Carrying concealed handguns, licensing through county sheriff, see Ohio R.C. 2923.124 et seq.
Conveyance or possession of deadly weapons or dangerous ordnance on school premises, felony offense, see Ohio R.C. 2923.122
Conveyance, possession, or control of deadly weapon or dangerous ordinance in a courthouse, felony offense, see Ohio R.C. 2923.123
Possession of deadly weapon while under detention, felony offense, see Ohio R.C. 2923.131
Possession of firearm in liquor permit premises, felony offense, see Ohio R.C. 2923.121