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Gun seen on adult at school, cops called? Oh wait....


madcat6183

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Let the plain language of the law speak for itself.

 

(B) THE PERSON IS THE DRIVER OR PASSENGER IN A MOTOR VEHICLE AND IS IN THE SCHOOL SAFETY ZONE WHILE IMMEDIATELY IN THE PROCESS OF PICKING UP OR DROPPING OFF A CHILD.

 

read it a few times and let it sink in.

we are not talking about universities.

we are not talking about psuedo or real firearms authorized by the school board for authorized school activities.

we are talking about a CHL carrying citizen IN a vechicle in the immediate process of dropping off or picking up a child.

this is as plain as it gets.

 

this is a very narrow and defined sentence.

Specifically take note of  "IN A VEHICLE" and the word "CHILD."

 

The exemption given to us CHLers is plain as day. do not read into or add your own take on the wording.

This exemption applies to "Drop off or pick up of a CHILD only. There is no wording for the exemption of dropping off an adult. 

Say your wife is a teacher and you drop her off at the school office door in the morning while armed you have violated this exemption and may be charged.

 

lets back up and look at Ohio CCW law a bit.

Please note that in Ohio deadly weapons are illegal just about everywhere. im not talking in your house or property and im not touching open carry. im talking concealed and or deadly weapons or ordnance. the way Ohio made it legal to do what we do is to provide exemptions for CHL holders. These exemptions are scattered through the code and make compliance rather difficult.

For example school safety zone includes "school premises, building or activity."

Lets look at school activities. Now with that in mind O.R.C 2901.01©(3) defines school activity as "any activity that happens under the auspices of a school board of education"

 

(3) "School activity" means any activity held under the auspices of a board of education of a city, local, exempted village, joint vocational, or cooperative education school district; a governing authority of a community school established under Chapter 3314. of the Revised Code; a governing board of an educational service center, or the governing body of a school for which the state board of education prescribes minimum standards under section 3301.07 of the Revised Code.

 

 

That said you are walking and carrying at a park and that park is hosting a soccer game or cross country event. Can you tell if its a local city leauge or a school team? Well you better know as if its a school team you are now in a school zone carrying illegally.

Why is that?

Because you do not meet the plain wording of the exemption

Because as stated above the exemption is very narrow and specific in allowing you to carry in a school zone.

 

(B) THE PERSON IS THE DRIVER OR PASSENGER IN A MOTOR VEHICLE AND IS IN THE SCHOOL SAFETY ZONE WHILE IMMEDIATELY IN THE PROCESS OF PICKING UP OR DROPPING OFF A CHILD.

 

Hope this helps.

Edited by jagr
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Let the plain language of the law speak for itself.

 

(B) THE PERSON IS THE DRIVER OR PASSENGER IN A MOTOR VEHICLE AND IS IN THE SCHOOL SAFETY ZONE WHILE IMMEDIATELY IN THE PROCESS OF PICKING UP OR DROPPING OFF A CHILD.

 

read it a few times and let it sink in.

we are not talking about universities.

we are not talking about psuedo or real firearms authorized by the school board for authorized school activities.

we are talking about a CHL carrying citizen IN a vechicle in the immediate process of dropping off or picking up a child.

this is as plain as it gets.

 

this is a very narrow and defined sentence.

Specifically take note of  "IN A VEHICLE" and the word "CHILD."

 

The exemption given to us CHLers is plain as day. do not read into or add your own take on the wording.

This exemption applies to "Drop off or pick up of a CHILD only. There is no wording for the exemption of dropping off an adult. 

Say your wife is a teacher and you drop her off at the school office door in the morning while armed you have violated this exemption and may be charged.

 

lets back up and look at Ohio CCW law a bit.

Please note that in Ohio deadly weapons are illegal just about everywhere. im not talking in your house or property and im not touching open carry. im talking concealed and or deadly weapons or ordnance. the way Ohio made it legal to do what we do is to provide exemptions for CHL holders. These exemptions are scattered through the code and make compliance rather difficult.

For example school safety zone includes "school premises, building or activity."

Lets look at school activities. Now with that in mind O.R.C 2901.01©(3) defines school activity as "any activity that happens under the auspices of a school board of education"

 

 

That said you are walking and carrying at a park and that park is hosting a soccer game or cross country event. Can you tell if its a local city leauge or a school team? Well you better know as if its a school team you are now in a school zone carrying illegally.

Why is that?

Because you do not meet the plain wording of the exemption

Because as stated above the exemption is very narrow and specific in allowing you to carry in a school zone.

 

(B) THE PERSON IS THE DRIVER OR PASSENGER IN A MOTOR VEHICLE AND IS IN THE SCHOOL SAFETY ZONE WHILE IMMEDIATELY IN THE PROCESS OF PICKING UP OR DROPPING OFF A CHILD.

 

Hope this helps.

 

Above is the best post and most accurate explanation of the issue.  Add to the park/soccer game issue/ Try this one one....you are in freaking McDonalds and the chess club is there with their teacher on an official stop on the way to the the chess tournament. One teacher and 5 kids all in plain clothes and no uniforms or nothing.

 

You are now a felon.

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Are you talking about this legal immposibility?

 

ORC 2923.122

(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.

© 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.

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How is that an impossibility? This is what allows you out of a vheicle or in a vhicle and not picking up/dropping off a child, as is just driving or walking through a school zone. I live in a school zone so according to you I can't leave my property with a gun as I would be in violation.

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I think you need to clear your mind and read what it says.

It doesn't say anything like that.

It's impossible as it say it does NOT apply to you if you convey posses in a school zone if *ALL* APPLY.

.

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

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What you describe allows you to travel in a school safety zone armed. Inside or outside your car, on the side walk in front of the school. It does not allow you to do so ON school property. The actual property falls under the don't get out of the vehicle law.

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Do you live on a university campus?

Because you definitely don't live "in" a school zone as defined by Ohio.

Ohio doesn't use a "bubble" it's defined by its property boundaries.

If your talking Federal school zone which we are not, don't cite ORC.

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Sorry, ment the 1000' which is referenced in orc (which ties in the fed) under c I believe it was which does call it out as school safety zone.

 

What I'm saying is stay off the property with your gun unless you are in a car. Outside of that it's business as usual.

Edited by blue03636
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Sorry, ment the 1000' which is referenced in orc (which ties in the fed) under c I believe it was which does call it out as school safety zone.

What I'm saying is stay off the property with your gun unless you are in a car. Outside of that it's business as usual.

I agree with your revised statement.

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I don't see why you couldn't take info from here. Nothing in this was incorrect as you just have to figure out what school zone you are talking about. I know Ohio defines it as  "School safety zone" consists of a school, school building, school premises, school activity, and school bus but the fact that they reference the fed law that is also considered a school safety zone now too. Granted Ohio doesn't have any laws on that 1000' but there are basically 2 separate school zone sections in 2923.122, the one I posted which basically is for the 1000' and the one you referenced is for the Ohio definition. 

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At least people are carrying and attempting to learn the laws. 

So true on this.  It's hard/impossible to truly understand and stay up on all of them, BUT when in doubt, I carry.  I will deal with the consequences if they arise, but I never want to regret not having it. 

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