(a) Conveyance: No person shall knowingly convey, or attempt to convey, a deadly weapon or dangerous ordnance in a school safety zone.
(b) Possession: No person shall knowingly possess a deadly weapon or dangerous ordnance in a school safety zone.
(c) Threatening with an Object that is Indistinguishable from a Firearm: 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.
(d) Exemptions:
(1) Entire section does not apply to law enforcement acting within the scope of his or her duties; school security officer while on duty; any other person who has written authorization from Board of Education.
(2) Division (c) of this section does not apply to premises upon which home schooling is conducted; or to school teacher/employee who is u sing object for legitimate school purposes during course of employment; or a student who is using object under direction of school teacher/employee, with prior approval, for activities such as ceremonial activities, plays, reenactments or ROTC activities.
(3) Enter section does not apply to a person who conveys or attempts to convey a handgun into, or ppossesses a handgun in, a school safety zone, if at the time of the conveyance, attempted conveyance or possession 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 (AND)
B. The person is carrying a valid concealed handgun licenses (AND)
C. The person is in the school safety zone in accordance with 18 USC §922(a)(2)(B) (AND)
18 USC §922(q)(2)
(A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone [18 USC §921(a)(25) School Zone means (a) in or on school grounds; (b) within a distance of 1,000 feet from school grounds].
(B) Subparagraph (A) does not apply to the possession of a firearm:
(i) on private property not part of school grounds (OR)
(ii) if the individual possessing the firearm is licensed to do so by the State Of Ohio (OR)
(iii) that is -
(I) not loaded; and
(II) in a locked container, or locked firearms rack that is on a motor vehicle (OR)
(iv) by an individual for use in program approved by a school in the school zone (OR)
(v) by an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual (OR)
(vi) by a law enforcement officer acting in his or her official capacity (OR)
(vii) that is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining access to public or private lands open to hunting, if the entry on school premises is authorized by school authorities.
D. The person is not knowingly in a place described in ORC §2923.126(B)(l) or (B)(3) to (B)(10). (ORC 2923.126 (B)(10) A place in which federal law prohibits the carrying of handguns].
ORC §2901.01C):
(1) "School Safety Zone" consists of a school, school building, school premises, school activity and school bus.
(2) "School," "School Building" and "School Premises" have the same meaning as in ORC §2925.01.
ORC §2529.01(R): "School Premises" means either of the following:
(1) The parcel of real property on which any school is situated, whether or not any instruction, extracurricular activity or training is being conducted on the premises at the time of the offense; or
(2) Any other parcel of real property that is owned or leased by a Board of Education on which some instruction, extracurricular activities or training is conducted, whether or not any instruction, extracurricular activities or training is being conducted on the parcel at the time of the offense.
(e) Whoever violates this section is guilty of illegal possession of an object indistinguishable from a firearm in a school safety zone. 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 or pleaded guilty to a violation of Ohio R.C. 2923.122, illegal possession of an object indistinguishable from a firearm in a school safety zone is a felony and shall be prosecuted under appropriate State law.
(ORC 2923.201; Ord. 19-1177. Passed 12-16-19.)