Ohio School Laws

Discussion in 'Conceal & Open Carry' started by Dan75719, Jun 19, 2012.

  1. Dan75719

    Dan75719 New Member

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    I have a question about school laws with a CCW license. For anyone that is in Ohio....can you go to an elementary school and leave the handgun locked in the car in the parking lot? I know that leaving in the car at a college is ok but I am hearing different things about an elementary school. For a big part of my work I do a lot of traveling to elementary schools and to be safe I have not taken it with me but I hate not having it during that drive. I have read the laws and it is a little unclear to me. Does anyone from Ohio know the answer to this? Most people I have asked said yes, but a few have said no.
     
  2. BLCKWLF

    BLCKWLF GrassHopper

    Post the laws for us to read, perhaps we can offer some insight. Here in AZ you can lock it in the car, unloaded and out of sight.
     

  3. Dan75719

    Dan75719 New Member

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    2923.122 Illegal conveyance or possession of deadly weapon or dangerous ordnance or of object indistinguishable from firearm in school safety zone.
    (A) No person shall knowingly convey, or attempt to convey, a deadly weapon or dangerous ordnance into a school safety zone.

    (B) No person shall knowingly possess a deadly weapon or dangerous ordnance in a school safety zone.

    (C) 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)(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, or a law enforcement officer, 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, 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, or any other person 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;

    (b) 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 section 109.801 of the Revised Code, unless the appointing authority of the person has expressly specified that the exemption provided in division (D)(1)(b) of this section does not apply to the person.

    (2) Division (C) of this section does not apply to premises upon which home schooling is conducted. Division (C) of 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, reenactment, or other dramatic presentation, 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 is carrying a valid license or temporary emergency license to carry a concealed handgun issued to the person under section 2923.125 or 2923.1213 of the Revised Code or a license to carry a concealed handgun that was issued by another state with which the attorney general has entered into a reciprocity agreement under section 109.69 of the Revised Code.

    (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 division (B)(1) or (B)(3) to (10) of section 2923.126 of the Revised Code.

    (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 is carrying a valid license or temporary emergency license to carry a concealed handgun issued to the person under section 2923.125 or 2923.1213 of the Revised Code or a license to carry a concealed handgun that was issued by another state with which the attorney general has entered into a reciprocity agreement under section 109.69 of the Revised Code.

    (b) The person is the driver or passenger in a motor vehicle and is in the school safety zone while immediately in the process of picking up or dropping off a child.

    (c) The person is not in violation of section 2923.16 of the Revised Code.

    The CCW class manual states:
    School safety zones
    A “school safety zone” includes a school, school building, schoolpremises, school activity, and school bus. For purposes of this statute, aschool includes everything up to the property boundary.If you are licensed to carry a concealed handgun, you may carry a handguninto a school safety zone only if you do not enter a school building, schoolpremises, or school activity. You also must not be in one of the places listed
    in ORC 2923.126(B). You may be in a motor vehicle and immediately in the
    process of picking up or dropping off a child. You also must comply with
    all other laws governing the transportation of rearms in a motor vehicle
    -----------
     
  4. Dan75719

    Dan75719 New Member

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    The way I read the law it seems to me that it is not allowed physically on your person (holstered) but I am not sure. I tend to believe this is the way it is interpreted since I have had a police officer tell me it is ok, but with all of the conflicting information I have received I want to see if anyone here knows.
     
  5. BLCKWLF

    BLCKWLF GrassHopper

    What I got from it is that you may carry within the 1000 feet zone with a permit, but may not enter school grounds unless you are an Leo acting in official duties, or a security guards employed by the education department.

    That is simply how I read it.
     
  6. BLCKWLF

    BLCKWLF GrassHopper

    You can have it on you if you stay in the vehicle. I don't see anything about locking it in the vehicle.
     
  7. AuxSix

    AuxSix New Member

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    I checked. Here in Ohio there is a difference between colleges and other schools. For colleges you have the securing weapon clause. School safety zone (elementary, middle, and Highschool) is prohibited.

    A school safety zone unless licensee is immediately in the process of picking up or dropping off a child. See 2923.122(D)(4)(b) for this exception.
     
    Last edited: Jun 19, 2012
  8. Dan75719

    Dan75719 New Member

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    If that is the case, what about parking on a residential street that the school is on instead of the school parking lot? Can it be locked in the car there?
     
  9. BLCKWLF

    BLCKWLF GrassHopper

    Don't see why not...
     
  10. AuxSix

    AuxSix New Member

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    I would say yes. However there is a prohibited radius. And the bigger issue then turns out to be you making yourself a more potential target by parking say 1/4 mile away.
     
  11. BLCKWLF

    BLCKWLF GrassHopper

    The 1000 feet is voided by the CCW...
     
  12. AuxSix

    AuxSix New Member

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    This is straight from the newest CCW manual.

    School safety zones A “school safety zone” includes a school, school building, school premises, school activity, and school bus. For purposes of this statute, a school includes everything up to the property boundary. If you are licensed to carry a concealed handgun, you may carry a handgun into a school safety zone only if you do not enter a school building, school premises, or school activity. You also must not be in one of the places listed in ORC 2923.126(B). You may be in a motor vehicle and immediately in the process of picking up or dropping off a child. You also must comply with all other laws governing the transportation of firearms in a motor vehicle.

    So as I read it yes you can drive your car to a school. As long as you never leave it. The issue is the firearm on school property and the school not being a university or college.

    Full duties can be found at http://codes.ohio.gov/orc/2923.126.
     

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