(A) For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AIR GUN. A hand pistol or rifle that propels its projectile by means of releasing compressed air, carbon dioxide, or other gas.
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.
FIREARM. Has the same meaning as in R.C. § 2923.11.
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 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 a risk of physical harm to any person, endangering aircraft is a felony of the fifth degree, and shall be prosecuted under appropriate state law. If the violation creates a substantial risk of physical harm to any person of if the aircraft that is the subject of the violation is occupied, endangering aircraft is a felony of the fourth degree 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, endangering airport operations is a felony of the fifth degree, and shall be prosecuted under appropriate state law. If the violation creates a substantial risk of physical harm to any person, endangering airport operations is a felony of the fourth degree 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 R.C. § 1533.68.
(F) Any bow and arrow, air gun, spring-operated gun, or firearm that has been used in a felony violation of this section shall be seized or forfeited, and shall be disposed of pursuant to R.C. § 2933.41.
(R.C. § 2909.08) ('80 Code, § 131.13) (Ord. 86-05, passed 2-4-86) Penalty, see § 130.99
Cross-reference:
Weapons offenses generally, see Ch. 137