As Reported by the House Education Committee

130th General Assembly Regular Session 2013-2014

Am. H. B. No. 454

Representative Gonzales 

Cosponsors: Representatives Hill, Pillich, Stebelton, Smith, Brenner 

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A BILL

To amend section 2923.122 of the Revised Code to

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expand and clarify the authority of a concealed

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handgun licensee to possess a handgun in a school

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safety zone.

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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:

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(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.

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(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.

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(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