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H. B. No. 454 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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Cosponsors:
Representatives Hill, Pillich, Stebelton
A BILL
To amend section 2923.122 of the Revised Code to
expand and clarify the authority of a concealed
handgun licensee to possess a handgun in a school
safety zone.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2923.122 of the Revised Code be
amended to read as follows:
Sec. 2923.122. (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 concealed handgun license.
and either of the following applies:
(c)(a) 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 concealed handgun license.
(b) All of the following apply:
(i) The person is the driver or passenger in of a motor
vehicle and is in the school safety zone while immediately in the
process of picking up or dropping off a child any person,
document, or item.
(c) The person is not in violation of section 2923.16 of the
Revised Code (ii) The handgun does not leave the motor vehicle.
(iii) If the person exits the motor vehicle and intends to
enter into a school building, onto school premises, or into a
school activity in the school safety zone, the person locks the
motor vehicle in which the handgun is located.
(E)(1) Whoever violates division (A) or (B) of this section
is guilty of illegal conveyance or possession of a deadly weapon
or dangerous ordnance in a school safety zone. Except as otherwise
provided in this division, illegal conveyance or possession of a
deadly weapon or dangerous ordnance in a school safety zone is a
felony of the fifth degree. If the offender previously has been
convicted of a violation of this section, illegal conveyance or
possession of a deadly weapon or dangerous ordnance in a school
safety zone is a felony of the fourth degree.
(2) Whoever violates division (C) of this section is guilty
of illegal possession of an object indistinguishable from a
firearm in a school safety zone. Except as otherwise provided in
this division, illegal 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 a
violation of this section, illegal possession of an object
indistinguishable from a firearm in a school safety zone is a
felony of the fifth degree.
(F)(1) In addition to any other penalty imposed upon a person
who is convicted of or pleads guilty to a violation of this
section and subject to division (F)(2) of this section, if the
offender has not attained nineteen years of age, regardless of
whether the offender is attending or is enrolled in a school
operated by a board of education or for which the state board of
education prescribes minimum standards under section 3301.07 of
the Revised Code, the court shall impose upon the offender a class
four suspension of the offender's probationary driver's license,
restricted license, driver's license, commercial driver's license,
temporary instruction permit, or probationary commercial driver's
license that then is in effect from the range specified in
division (A)(4) of section 4510.02 of the Revised Code and shall
deny the offender the issuance of any permit or license of that
type during the period of the suspension.
If the offender is not a resident of this state, the court
shall impose a class four suspension of the nonresident operating
privilege of the offender from the range specified in division
(A)(4) of section 4510.02 of the Revised Code.
(2) If the offender shows good cause why the court should not
suspend one of the types of licenses, permits, or privileges
specified in division (F)(1) of this section or deny the issuance
of one of the temporary instruction permits specified in that
division, the court in its discretion may choose not to impose the
suspension, revocation, or denial required in that division, but
the court, in its discretion, instead may require the offender to
perform community service for a number of hours determined by the
court.
(G) As used in this section, "object that is
indistinguishable from a firearm" means an object made,
constructed, or altered so that, to a reasonable person without
specialized training in firearms, the object appears to be a
firearm.
Section 2. That existing section 2923.122 of the Revised
Code is hereby repealed.
Section 3. Section 2923.122 of the Revised Code is presented
in this act as a composite of the section as amended by both Am.
Sub. H.B. 495 and Am. Sub. S.B. 337 of the 129th General Assembly.
The General Assembly, applying the principle stated in division
(B) of section 1.52 of the Revised Code that amendments are to be
harmonized if reasonably capable of simultaneous operation, finds
that the composite is the resulting version of the section in
effect prior to the effective date of the section as presented in
this act.
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