(a) No person shall knowingly convey or attempt to convey a deadly weapon or dangerous ordnance into a courthouse or into another building or structure in which a courthouse is located.
(b) No person shall knowingly possess or have under the person’s control a deadly weapon or dangerous ordnance in a courthouse or in another building or structure in which a courthouse is located.
(c) This Section does not apply to any of the following:
(1) A judge of a court of record of this state or a magistrate, unless a rule of superintendence or another type of rule adopted by the Supreme Court pursuant to Article IV, Ohio Constitution, or an applicable local rule of court prohibits all persons from conveying or attempting to convey a deadly weapon or dangerous ordnance into a courthouse or into another building or structure in which a courtroom is located or from possessing or having under one’s control a deadly weapon or dangerous ordnance in a courthouse or in another building or structure in which a courtroom is located;
(2) A peace officer, or an officer of a law enforcement agency of another state, a political subdivision of another state, or the United States, who is authorized to carry a deadly weapon or dangerous ordnance, who possesses or has under that individual’s control a deadly weapon or dangerous ordnance as a requirement of that individual’s duties, and who is acting within the scope of that individual’s duties at the time of that possession or control, unless a rule of superintendence or another type of rule adopted by the Supreme Court pursuant to Article IV, Ohio Constitution, or an applicable local rule of court prohibits all persons from conveying or attempting to convey a deadly weapon or dangerous ordnance into a courthouse or into another building or structure in which a courtroom is located or from possessing or having under one’s control a deadly weapon or dangerous ordnance in a courthouse or in another building or structure in which a courtroom is located;
(3) A person who conveys, attempts to convey, possesses, or has under the person’s control a deadly weapon or dangerous ordnance that is to be used as evidence in a pending criminal or civil action or proceeding;
(4) A bailiff or deputy bailiff of a court of record of this state who is authorized to carry a firearm pursuant to Section 109.77 of the Revised Code, who possess or has under that individual’s control a firearm as a requirement of that individual’s duties, and who is acting within the scope of that individual’s duties at the time of that possession or control, unless a rule of superintendence or another type of rule adopted by the Supreme Court pursuant to Article IV, Ohio Constitution, or an applicable local rule of court prohibits all persons from conveying or attempting to convey a deadly weapon or dangerous ordnance into a courthouse or into another building or structure in which a courtroom is located or from possessing or having under one’s control a deadly weapon or dangerous ordnance in a courthouse or in another building or structure in which a courtroom is located;
(5) A prosecutor, or a secret service officer appointed by a county prosecuting attorney, who is authorized to carry a deadly weapon or dangerous ordnance in the performance of the individual’s duties, who possesses or has under that individual’s control a deadly weapon or dangerous ordnance as a requirement of that individual’s duties, and who is acting within the scope of that individual’s duties at the time of that possession or control, unless a rule of superintendence or another type of rule adopted by the Supreme Court pursuant to Article IV of the Ohio Constitution or an applicable local rule of court prohibits all persons from conveying or attempting to convey a deadly weapon or dangerous ordnance into a courthouse or into another building or structure in which a courtroom is located or from possessing or having under one’s control a deadly weapon or dangerous ordnance in a courthouse or in another building or structure in which a courtroom is located;
(6) A person who conveys or attempts to convey a handgun into a courthouse or into another building or structure in which a courtroom is located, who, at the time of the conveyance or attempt, is carrying a valid license to carry a concealed handgun issued to the person under Section 2923.125 of the Revised Code, and who transfers possession of the handgun to the officer or officer’s designee who has charge of the courthouse or building. The officer shall secure the handgun until the licensee is prepared to leave the premises. The exemption described in this division does not apply if a rule of superintendence or another type of rule adopted by the Supreme Court pursuant to Article IV, Ohio Constitution, or if an applicable local rule of court prohibits all persons from conveying or attempting to convey a deadly weapon or dangerous ordnance into a courthouse or into another building or structure in which a courtroom is located or from possessing or having under one’s control a deadly weapon or dangerous ordnance in a courthouse or in another building or structure in which a courtroom is located.
(d) (1) Whoever violates division (a) of this Section is guilty of illegal conveyance of a deadly weapon or dangerous ordnance into a courthouse. Except as otherwise provided in this division, illegal conveyance of a deadly weapon or dangerous ordnance into a courthouse is a felony of the fifth degree. If the offender previously has been convicted of a violation of division (a) or (b) of this Section, illegal conveyance of a deadly weapon or dangerous ordnance into a courthouse is a felony of the fourth degree.
(2) Whoever violates division (b) of this Section is guilty of illegal possession or control of a deadly weapon or dangerous ordnance in a courthouse. Except as otherwise provided in this division, illegal possession or control of a deadly weapon or dangerous ordnance in a courthouse is a felony of the fifth degree. If the offender previously has been convicted of a violation of division (a) or (b) of this Section, illegal possession or control of a deadly weapon or dangerous ordnance in a courthouse is a felony of the fourth degree.
(e) As used in this Section:
(1) “Magistrate” means an individual who is appointed by a court of record of this state and who has the powers and may perform the functions specified in Civil Rule 53, Criminal Rule 19, or Juvenile Rule 40.
(2) “Peace officer” and “prosecutor” have the same meanings as in Section 2923.01 of Revised Code.
Statutory Reference: O.R.C. §2923.123
(Ord. 04-134. Passed 7-26-04.)