As Passed by the House

130th General Assembly
Regular Session
2013-2014
Am. H. B. No. 454


Representative Gonzales 

Cosponsors: Representatives Hill, Pillich, Stebelton, Smith, Brenner, Blessing, Burkley, Conditt, Duffey, Hayes, Lynch, Patmon, Terhar Speaker Batchelder 



A BILL
To amend section 2923.122 of the Revised Code to 1
expand and clarify the authority of a concealed 2
handgun licensee to possess a handgun in a school 3
safety zone.4


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That section 2923.122 of the Revised Code be 5
amended to read as follows:6

       Sec. 2923.122.  (A) No person shall knowingly convey, or 7
attempt to convey, a deadly weapon or dangerous ordnance into a 8
school safety zone.9

       (B) No person shall knowingly possess a deadly weapon or 10
dangerous ordnance in a school safety zone.11

       (C) No person shall knowingly possess an object in a school 12
safety zone if both of the following apply:13

       (1) The object is indistinguishable from a firearm, whether 14
or not the object is capable of being fired.15

       (2) The person indicates that the person possesses the object 16
and that it is a firearm, or the person knowingly displays or 17
brandishes the object and indicates that it is a firearm.18

       (D)(1) This section does not apply to any of the following:19

       (a) An officer, agent, or employee of this or any other state 20
or the United States, or a law enforcement officer, who is 21
authorized to carry deadly weapons or dangerous ordnance and is 22
acting within the scope of the officer's, agent's, or employee's 23
duties, a security officer employed by a board of education or 24
governing body of a school during the time that the security 25
officer is on duty pursuant to that contract of employment, or any 26
other person who has written authorization from the board of 27
education or governing body of a school to convey deadly weapons 28
or dangerous ordnance into a school safety zone or to possess a 29
deadly weapon or dangerous ordnance in a school safety zone and 30
who conveys or possesses the deadly weapon or dangerous ordnance 31
in accordance with that authorization;32

       (b) Any person who is employed in this state, who is 33
authorized to carry deadly weapons or dangerous ordnance, and who 34
is subject to and in compliance with the requirements of section 35
109.801 of the Revised Code, unless the appointing authority of 36
the person has expressly specified that the exemption provided in 37
division (D)(1)(b) of this section does not apply to the person. 38

       (2) Division (C) of this section does not apply to premises 39
upon which home schooling is conducted. Division (C) of this 40
section also does not apply to a school administrator, teacher, or 41
employee who possesses an object that is indistinguishable from a 42
firearm for legitimate school purposes during the course of 43
employment, a student who uses an object that is indistinguishable 44
from a firearm under the direction of a school administrator, 45
teacher, or employee, or any other person who with the express 46
prior approval of a school administrator possesses an object that 47
is indistinguishable from a firearm for a legitimate purpose, 48
including the use of the object in a ceremonial activity, a play, 49
reenactment, or other dramatic presentation, or a ROTC activity or 50
another similar use of the object.51

       (3) This section does not apply to a person who conveys or 52
attempts to convey a handgun into, or possesses a handgun in, a 53
school safety zone if, at the time of that conveyance, attempted 54
conveyance, or possession of the handgun, all of the following 55
apply:56

        (a) The person does not enter into a school building or onto 57
school premises and is not at a school activity.58

       (b) Theperson is carrying a valid concealed handgun license.59

       (c)The person is in the school safety zone in accordance 60
with 18 U.S.C. 922(q)(2)(B).61

       (d) The person is not knowingly in a place described in 62
division (B)(1) or (B)(3) to (10) of section 2923.126 of the 63
Revised Code.64

       (4) This section does not apply to a person who conveys or 65
attempts to convey a handgun into, or possesses a handgun in, a 66
school safety zone if at the time of that conveyance, attempted 67
conveyance, or possession of the handgun all of the following 68
apply:69

       (a) The person is carrying a valid concealed handgun license.70

       (b) The person is the driver or passenger inof a motor 71
vehicle and is in the school safety zone while immediately in the 72
process of picking up or dropping off a childany person, 73
document, or item.74

       (c) The person is not in violation of section 2923.16 of the 75
Revised CodeThe handgun does not leave the motor vehicle.76

       (d) If the person exits the motor vehicle, the person locks 77
the motor vehicle.78

       (E)(1) Whoever violates division (A) or (B) of this section 79
is guilty of illegal conveyance or possession of a deadly weapon 80
or dangerous ordnance in a school safety zone. Except as otherwise 81
provided in this division, illegal conveyance or possession of a 82
deadly weapon or dangerous ordnance in a school safety zone is a 83
felony of the fifth degree. If the offender previously has been 84
convicted of a violation of this section, illegal conveyance or 85
possession of a deadly weapon or dangerous ordnance in a school 86
safety zone is a felony of the fourth degree.87

       (2) Whoever violates division (C) of this section is guilty 88
of illegal possession of an object indistinguishable from a 89
firearm in a school safety zone. Except as otherwise provided in 90
this division, illegal possession of an object indistinguishable 91
from a firearm in a school safety zone is a misdemeanor of the 92
first degree. If the offender previously has been convicted of a 93
violation of this section, illegal possession of an object 94
indistinguishable from a firearm in a school safety zone is a 95
felony of the fifth degree.96

       (F)(1) In addition to any other penalty imposed upon a person 97
who is convicted of or pleads guilty to a violation of this 98
section and subject to division (F)(2) of this section, if the 99
offender has not attained nineteen years of age, regardless of 100
whether the offender is attending or is enrolled in a school 101
operated by a board of education or for which the state board of 102
education prescribes minimum standards under section 3301.07 of 103
the Revised Code, the court shall impose upon the offender a class 104
four suspension of the offender's probationary driver's license, 105
restricted license, driver's license, commercial driver's license, 106
temporary instruction permit, or probationary commercial driver's 107
license that then is in effect from the range specified in 108
division (A)(4) of section 4510.02 of the Revised Code and shall 109
deny the offender the issuance of any permit or license of that 110
type during the period of the suspension.111

       If the offender is not a resident of this state, the court 112
shall impose a class four suspension of the nonresident operating 113
privilege of the offender from the range specified in division 114
(A)(4) of section 4510.02 of the Revised Code.115

       (2) If the offender shows good cause why the court should not 116
suspend one of the types of licenses, permits, or privileges 117
specified in division (F)(1) of this section or deny the issuance 118
of one of the temporary instruction permits specified in that 119
division, the court in its discretion may choose not to impose the 120
suspension, revocation, or denial required in that division, but 121
the court, in its discretion, instead may require the offender to 122
perform community service for a number of hours determined by the 123
court.124

       (G) As used in this section, "object that is 125
indistinguishable from a firearm" means an object made, 126
constructed, or altered so that, to a reasonable person without 127
specialized training in firearms, the object appears to be a 128
firearm.129

       Section 2.  That existing section 2923.122 of the Revised 130
Code is hereby repealed.131

       Section 3.  Section 2923.122 of the Revised Code is presented 132
in this act as a composite of the section as amended by both Am. 133
Sub. H.B. 495 and Am. Sub. S.B. 337 of the 129th General Assembly. 134
The General Assembly, applying the principle stated in division 135
(B) of section 1.52 of the Revised Code that amendments are to be 136
harmonized if reasonably capable of simultaneous operation, finds 137
that the composite is the resulting version of the section in 138
effect prior to the effective date of the section as presented in 139
this act.140