The Glade 4.0

549.18 POSSESSION OF AN OBJECT INDISTINGUISHABLE FROM A FIREARM IN A SCHOOL SAFETY ZONE.

(a) 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.

(b) (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 Ohio R.C. 109.801, unless the appointing authority of the person has expressly specified that the exemption provided in this division (b)(1)B. does not apply to the person.

(2) This section does not apply to premises upon which home schooling is conducted. 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, re- enactment 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 license or temporary emergency license to carry a concealed handgun issued to the person under Ohio R.C. 2923.125 or 2923.1213 or a license to carry a concealed handgun that was issued by another State with which the Attorney General has entered into a reciprocity agreement under Ohio R.C. 109.69.

C. 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 Ohio R.C. 2923.126(B)(1) or (B)(3) to (10).

(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 license or temporary emergency license to carry a concealed handgun issued to the person under Ohio R.C. 2923.125 or 2923.1213 or a license to carry a concealed handgun that was issued by another state with which the Attorney General has entered into a reciprocity agreement under Ohio R.C. 109.69.

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.

C. The person is not in violation of Ohio R.C. 2923.16.

(c) Whoever violates 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 to be prosecuted under appropriate state law.

(d) (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 (d)(2) of this section, if the offender has not attained 19 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 Ohio R.C. 3301.07, 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 Ohio R.C. 4510.02(A)(4) 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 Ohio R.C. 4510.02(A)(4).

(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 (d)(1) of this section or deny the issuance of one of the temporary instruction permits specified in division (d)(1) of this section, the court in its discretion may choose not to impose the suspension, revocation or denial required in division (d)(1) of this section.

(e) 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.

(ORC 2923.122(C) - (G))

In comic strips the person on the left always speaks first. - George Carlin

Was it an actual .177 Cal bb gun or was it one of those spring loaded ones that shoot plastic pellets? Was it an airsoft gun? How real looking- did it have an orange tip on it? Oonagh knows her pistols so if it looked real to her then that's a pproblem
Lots of

Do ever want to just grab someone and say...WTF is wrong with you?

I think the hyper part is true. However, this kid will zone out and focus in on a book for an hour if I let him. Which makes me question the AD part.

She said it looked like a real Glock. Those don't have orange tips. As to what kind of pellets it fired, that would be even less obvious than the difference between a BB gun that looks like a Glock and and actual Glock.

In any case, even little plastic pellet-shooters have no business in school. I got hit in the eye once in 7th grade with a hard candy someone threw at me, and he was aiming for my eyes. I could barely see out of it until dinner time. Kids don't need to have that kind of thing available given the bullying and other social bullshit that takes place in middle school.

Why?

I have a battery of tests from the early 80's that demonstrate my diagnosis. I *never* had a problem getting absorbed in books that interested me. I won't claim to speak broadly and generalize to every ADHD case, but for me and my ADHD, if something interested me, it was much easier to hold my attention. The Attention Deficit is that when tasks are BORING or REPETITIVE, I can't focus on them and am easily distracted even if I know they're important.

Or, rather -- my difficulty in focusing and ease of distraction is measurable and significantly different than normal. Which is, you know, what the battery of tests come up with.

I think the hyper part is true. However, this kid will zone out and focus in on a book for an hour if I let him. Which makes me question the AD part. He pays attention in my class and math because he likes those subjects.

Do ever want to just grab someone and say...WTF is wrong with you?