View Full Version : Carrying on school property?
I have my ccw license but I don't ever carry my gun onto school property. If I am going to a school function or something for one of my kids I will just leave it at home , but I know a couple of people who do carry on school property. They told me that if you are NOT a ccw holder you cannot carry onto school property at all , but if you have your ccw you can carry onto school property but you have to leave in the car. Does anybody know if thats true or not?
GLOCK23DK
02-01-2008, 16:22
At the University of Akron, and I believe other Universities throughout Ohio as well, you're allowed to leave it in your car if you have your CCW.
I dont know about elementary/middle/highschools.
Irregardless to whether you do or don't have a CHL, you can NOT carry on school property, in a school bldg., or at a school event, even if it is off property. I am assuming you're talking about elem., middle and high schools.
At universities, you can drive onto the school property, but must remove the firearm and stow in your vehicle in one of the 3 approved methods.
Catalina
02-01-2008, 20:59
... but if you have your ccw you can carry onto school property
And go to jail, too.
You cannot do this - CCW or no.
I heard of a couple of people carrying on school property ( high school , Elem. , middle school ) but leaving it in their cars , so I called the guy who taught my ccw class and he even said you can but you must leave in your car. I will just continue to leave it at home and not take my chances.
I heard of a couple of people carrying on school property ( high school , Elem. , middle school ) but leaving it in their cars , so I called the guy who taught my ccw class and he even said you can but you must leave in your car. I will just continue to leave it at home and not take my chances.
I'm sorry to put it this way, but your instructor is dead wrong and needs to learn the laws. There's a lot of misinformation out there, and he has contributed to it.
Anyone who is entering onto the premises of the school grounds (not just buildings) is in violation of state law, and it is a felony!
You are the wise (and law abiding) person who leaves it at home when going to the schools. I never leave home without it, UNLESS the school is my destination.
School safety zones. Concealed handgun license holders must be
especially cautious when entering 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. Under the law, an
offense is within the vicinity of a school if it is committed within the
property boundary or within 1,000 feet of the boundaries of any school
premises.
16
The law generally forbids the carrying of a handgun in a school safety
zone unless all of the following apply:
You do not enter a school building, premises or activity; and
You have a valid concealed carry license; and
You are not otherwise in one of the forbidden places listed above and
detailed in R.C. 2923.126(B); and
You are acting in accordance with federal law regarding
transport of firearms in school zones.
The federal law, 18 United States Code Section 922(q)(2)(B), provides in
summary that the prohibition against firearms in a school safety zone
does not apply:
to private property not part of school grounds;
if the individual possessing the firearm is licensed to do so by the state
in which the school zone is located, and the law of the state requires
that, before an individual obtains such a license, law enforcement
authorities of the state verify that the individual is qualified under law
to receive the license;
if the handgun is not loaded and in a locked container, or a locked
firearms rack that is on a motor vehicle;
to an individual for use in a program approved by a school in the
school zone;
to an individual in accordance with a contract entered into between
a school in the school zone and the individual or an employer of the
individual;
to a law enforcement officer acting in his or her official
capacity;
if the handgun is unloaded and possessed by an individual while
traversing school premises for the purpose of gaining access to public
or private lands open to hunting if the entry on school premises is
authorized by school authorities.
Ohio License Holders Helplessly Confused by
Contradictory School Safety Zone Statute!!!
Issue: Ohio’s School Safety Zone statute, R.C. § 2923.122, is a hopeless morass.
Impact: All firearm owners and their children, Concealed Carry License Holders and their
children, teachers and school officials.
Specifics: The Federal School Safety Zone statute, 18 USC 922(q)(2)(A), does not apply to
persons holding concealed carry licenses issued by the state where the school is located, and does
not apply to unloaded firearms in a locked case. The Ohio statute does. Thus, this is a purely
Ohio-law issue.
Ohio’s statute is completely out of step with the Federal statute. In Ohio, there is no way to have
an unloaded firearm in a locked case in a school zone. Additionally, Ohio has an absurdly
drafted “exception” for concealed carry license holders set forth at R.C. § 2923.122(D)(3), just
like the Federal statute, even explicitly incorporating the Federal exception into the Ohio
exception.
Unfortunately, the Ohio “exception” can never apply, trapping gun owners every day. Close
examination reveals that the goal of creating an exception was not achieved. Ohio defines a
school safety zone at R.C. § 2901.01(C), and provides that a school safety zone is a school
building, school premises or a school activity. The school safety zone exception in R.C. §
2923.122 is as follows:
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 to carry a concealed handgun…………
(c) The person is in the school safety zone in accordance with 18 U.S.C.
922(q)(2)(B).
As someone must either be in a school building, or on school premises or at a school activity to
be in a school safety zone to begin with, the wording of the exception has the absurd result that
the exception can never apply. Under current law, if a parent is hunting, target shooting or
carrying a concealed handgun, they cannot go to school to pickup a sick child without first
detouring home to drop off any guns that are in the car. It is not even possible to park off school
grounds and pick the child up, as picking up and dropping off a child at school is a “school
activity” and therefore this activity triggers the school safety zone. A final, very real and critical
danger is that the average layperson will read this section and see that there is an exception for
persons with a concealed carry license, and equate that to mean that the Ohio school safety zone
statute does not apply to license holders, just as the Federal counterpart does not apply to license
holders. The average layperson will not be capable of reading the “exception” and analyzing the
language to figure out the trap – the exception never applies.Action Needed: Ohio law needs to be harmonized with Federal law. The average gun owner is
not a lawyer and cannot fathom the trap that exists in this “exception.” R.C. § 2923.122(3)(a)
needs to be deleted. Further, specific provisions for unloaded firearms in locked cases need to be
added to bring Ohio law in line with Federal law. Parents should not have to detour home prior
to dropping off or picking up their kids at school.
Sample legislation fixing this problem is available to aid LSC in drafting. Contact Ken
Hanson Esq., 740-215-6433 to obtain specimen language.
shadow_dog
02-02-2008, 15:40
What about a person who takes a walk for exercise and part of the walking route is a sidewalk in front of a school? This has always concerned me. What about walking down the street within the 1000 ft boundary of a school?
firedog978
02-02-2008, 16:49
If you are utilizing a 'public' street (driving) or sidewalk (walking), that passes a school, you are permitted (properly licensed with a CHL) to carry your firearm. Realize that you are not allowed to enter by vehicle or foot, the actual school property.
Many private homes and businesses are within 1000 ft. of school property. If that was the only part of the law considered, some people couldn't even have a firearm in their own homes. As Ohio law states concerning CCW's, licensed individuals are permitted on public property traversing past a school (on foot or in a vehicle). Again though, do not put even 1 foot on the actual school property, or turn around in the school driveway.
I'd cross the street if I was taking a walk.
Linda is right, you're instructor is dead wrong, unless, as Linda also stated you are talking about colleges or universities. Maybe once Castle Doctrine passes we can get this one corrected next.:supergrin:
Maybe once Castle Doctrine passes we can get this one corrected next.:supergrin:
Dude, this is Ohio still!:rofl: Us Ohioans can not be trusted to do the right thing when it comes to guns! (sarcasm inserted):wow:
I know what you mean, but at the same time I fully expect "Castle Doctrine" to pass.
glockess56
02-04-2008, 05:31
It really hurts, too, when you go other places after the school/church activity. This past Sunday, I went to church, left the gun at home. Besides not carrying in a church, the church is located in a private school, so double no-no. I stopped at a Dollar General around the corner, and low and behold, a man came in with a gun and held up the cashier as she was checking me out. He seemed nervous and was more intent on getting the cash, fast, instead of killing people, but I don't know. And, probably, I couldn't have done anything anyway because of how I was positioned next to the clerk and manager. I wasn't armed when the threat approached. However, this is an example of "if you have to do something after these functions but you don't even have it locked in the box in your car because of the law."
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