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So what does all this mean? |
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ORC Section 2923.122 prohibits 1.) conveyance, or 2.)
possession of a firearm in any school safety zone. This has generally
been interpreted to mean that going to a school property, as a
destination (i.e. one of your stops will be in a school safety zone),
with a firearm, however possesed, is prohibited.
ORC Section 2923.122(D)(3) contains a narrow exception for a
person who has a CHL. This section provides that the person may convey
or possess a firearm so long as 1.) They do not enter into a school
building, or 2.) They do not enter onto school premises and are not at
a school function. "School function" is not defined.
We are unable to conclusively answer if dropping off/picking up
kids from normal school hours is a "school function." Clearly dropping
off/picking up from a sports team practice is probably moving much
closer to whatever 'school function' means. Attending a sports even t
or play would certainly be prohibited.
The question often comes up often about leaving a firearm
locked in a car. Unfortunately, this appears to be prohibited in most
cases. Keep in mind that the possession or conveyance of firearms in a
school safety zone is prohibited, with only the narrow exception above
applying. If you are a CHL and and feel you need to leave a handgun in
a vehicle in the school safety zone because you are about to go into
the school building or attend a school event , then one of two things
must logically result: 1.) Either you have stored it unloaded, in which
case you are arguably not relying on your CHL at all, and instead are
relying on 2923.16, or 2.) You leave it loaded and in a locked glove
box or a locked gun case that is in plain sight , in which case, you
are still under your CHL, since only a CHL may store it this way .
Either scenario appears to be a violation of 2923.122. You cannot rely
on 2923.16, since 2923.122 doesn't make that an exception, and you
cannot rely on 2923.122(D)(3), since you are entering into a building or
attending a school function.
In order to be 100% safe, you should assume that you can never
store a gun, loaded or unloaded, in a vehicle that is in a school safety
zone if you intend on leaving the vehicle to enter the school building
or to attend a school function.
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Article Id: 109 - Version: 1 - Created: 17-03-2006 - Last Updated: 30-11-1999 - Hits: 2028