Ohio

Ohio   updated 4/22/2005

I. DEADLY WEAPONS. 
II. SWITCHBLADE KNIVES. 
III. SCHOOLS. 

*

I. DEADLY WEAPONS. 

§ 2923.11. Definitions.

  As used in sections 2923.11 to 2923.24 of the Revised Code:  

 (A) "Deadly weapon" means any instrument, device, or thing capable of inflicting death, and designed or specially adapted for use as a weapon, or possessed, carried, or used as a weapon...  

 (J) "Ballistic knife" means a knife with a detachable blade that is propelled by a spring-operated mechanism...  

* *  *   *

 § 2923.12. Carrying concealed weapons.

 (A)  No person shall knowingly carry or have, concealed on the person's person or concealed ready at hand, any of the following:  
 (1) A deadly weapon other than a handgun;  
 (2) A handgun other than a dangerous ordnance;  
 (3) A dangerous ordnance.  

 (B)  No person who has been issued a license or temporary emergency license to carry a concealed handgun under section 2923.125 [2923.12.5] or 2923.1213 [2923.12.13] of the Revised Code or a license to carry a concealed hangun that was issued by another state with which the attorney general has entered into a reciprocity agreement under section 109.69 of the Revised Code, who is stopped for a law enforcement purpose, and who is carrying a concealed handgun shall fail to promptly inform any law enforcement officer who approaches the person after the person has been stopped that the person has been issued a license or temporary emergency license to carry a concealed handgun and that the person then is carrying a concealed handgun.  

 (C) (1)  This section does not apply to officers, agents, or employees of this or any other state or the United States, or to law enforcement officers, authorized to carry concealed weapons or dangerous ordnance and acting within the scope of their duties.  
     (2) Division (A)(2) of 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 a handgun and acting within the scope of the officer's, agent's, or employee's duties;  
   (b) A person who, at the time of the alleged carrying or possession of a handgun, is carrying a valid license or temporary emergency license to carry a concealed handgun issued to the person under section 2923.125 [2023.12.5] or 2923.1213 [2923.12.13] of the Revised Code 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 section 109.69 of the Revised Code, unless the person knowingly is in a place described in division (B) of section 2923.126 [2923.12.6] of the Revised Code.  

 (D)  It is an affirmative defense to a charge under division (A)(1) of this section of carrying or having control of a weapon other than a handgun and other than a dangerous ordnance that the actor was not otherwise prohibited by law from having the weapon and that any of the following applies:  
   (1) The weapon was carried or kept ready at hand by the actor for defensive purposes while the actor was engaged in or was going to or from the actor's lawful business or occupation, which business or occupation was of a character or was necessarily carried on in a manner or at a time or place as to render the actor particularly susceptible to criminal attack, such as would justify a prudent person in going armed.   
  (2) The weapon was carried or kept ready at hand by the actor for defensive purposes while the actor was engaged in a lawful activity and had reasonable cause to fear a criminal attack upon the actor, a member of the actor's family, or the actor's home, such as would justify a prudent person in going armed.  
   (3) The weapon was carried or kept ready at hand by the actor for any lawful purpose and while in the actor's own home.  
   (4) The weapon was being transported in a motor vehicle for any lawful purpose, was not on the actor's person, and, if the weapon was a firearm, was carried in compliance with the applicable requirements of division (C) of section 2923.16 of the Revised Code.  

 (E)  It is an affirmative defense to a charge under division (A) of this section of carrying or having control of a handgun other than a dangerous ordnance that the actor was not otherwise prohibited by law from having the handgun and that the handgun was carried or kept ready at hand by the actor for any lawful purpose and while in the actor's own home, provided that this affirmative defense is not available unless the actor, prior to arriving at the actor's own home, did not transport or possess the handgun in a motor vehicle in a manner prohibited by division (B) or (C) of section 2923.16 of the Revised Code while the motor vehicle was being operated on a street, highway, or other public or private property used by the public for vehicular traffic.  

 (F)  No person who is charged with a violation of this section shall be required to obtain a license or temporary emergency license to carry a concealed handgun under section 2923.125 [2923.12.5] or 2923.1213 [2923.12.13] of the Revised Code as a condition for the dismissal of the charge.  

 (G) (1)  Whoever violates this section is guilty of carrying concealed weapons. Except as otherwise provided in this division or division (G)(2) of this section, carrying concealed weapons in violation of division (A) of this section is a misdemeanor of the first degree. Except as otherwise provided in this division or division (G)(2) of this section, if the offender previously has been convicted of a violation of this section or of any offense of violence, if the weapon involved is a firearm that is either loaded or for which the offender has ammunition ready at hand, or if the weapon involved is dangerous ordnance, carrying concealed weapons in violation of division (A) of this section is a felony of the fourth degree. Except as otherwise provided in division (G)(2) of this section, if the weapon involved is a firearm and the violation of this section is committed at premises for which a D permit has been issued under Chapter 4303. of the Revised Code or if the offense is committed aboard an aircraft, or with purpose to carry a concealed weapon aboard an aircraft, regardless of the weapon involved, carrying concealed weapons in violation of division (A) of this section is a felony of the third degree.  
  (2) If a person being arrested for a violation of division (A)(2) of this section promptly produces a valid license or temporary emergency license to carry a concealed handgun issued under section 2923.125 [2923.12.5] or 2923.1213 [2923.12.13] of the Revised Code 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 section 109.69 of the Revised Code, and if at the time of the violation the person was not knowingly in a place described in division (B) of section 2923.126 [2923.12.6] of the Revised Code, the officer shall not arrest the person for a violation of that division. If the person is not able to promptly produce any of those types of license and if the person is not in a place described in that section, the officer may arrest the person for a violation of that division, and the offender shall be punished as follows:  
   (a) The offender shall be guilty of a minor misdemeanor if both of the following apply:  
   (i) Within ten days after the arrest, the offender presents a license or temporary emergency license to carry a concealed handgun issued under section 2923.125 [2923.12.5] or 2923.1213 [2923.12.13] of the Revised Code 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 section 109.69 of the Revised Code, which license was valid at the time of the arrest to the law enforcement agency that employs the arresting officer.  
   (ii) At the time of the arrest, the offender was not knowingly in a place described in division (B) of section 2923.126 [2923.12.6] of the Revised Code.  
   (b) The offender shall be guilty of a misdemeanor and shall be fined five hundred dollars if all of the following apply:  
   (i) The offender previously had been issued a license to carry a concealed handgun under section 2923.125 [2923.12.5] of the Revised Code 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 section 109.69 of the Revised Code and that was similar in nature to a license issued under section 2923.125 [2923.12.5] of the Revised Code, and that license expired within the two years immediately preceding the arrest.  
   (ii) Within forty-five days after the arrest, the offender presents any type of license identified in division (G)(2)(a)(i) of this section to the law enforcement agency that employed the arresting officer, and the offender waives in writing the offender's right to a speedy trial on the charge of the violation that is provided in section 2945.71 of the Revised Code.  
   (iii) At the time of the commission of the offense, the offender was not knowingly in a place described in division (B) of section 2923.126 [2923.12.6] of the Revised Code.  
   (c) If neither division (G)(2)(a) nor (b) of this section applies, the offender shall be punished under division (G)(1) of this section.  
   (3) Carrying concealed weapons in violation of division (B) of this section is a misdemeanor of the fourth degree.  

 (H)  If a law enforcement officer stops a person to question the person regarding a possible violation of this section, for a traffic stop, or for any other law enforcement purpose, if the person surrenders a firearm to the officer, either voluntarily or pursuant to a request or demand of the officer, and if the officer does not charge the person with a violation of this section or arrest the person for any offense, the person is not otherwise prohibited by law from possessing the firearm, and the firearm is not contraband, the officer shall return the firearm to the person at the termination of the stop.  
 HISTORY: 134 v H 511 (Eff 1-1-74); 135 v H 716 (Eff 1-1-74); 141 v H 51 (Eff 7-30-86); 146 v S 2. Eff 7-1-96; 150 v H 12, § 1, eff. 4-8-04.

* *  *   *

[§ 2923.12.2] § 2923.122. Illegal conveyance or possession of deadly weapon or dangerous ordnance or illegal possession of object indistinguishable from firearm in school safety zone.

 (A)  No person shall knowingly convey, or attempt to convey, a deadly weapon or dangerous ordnance into a school safety zone.  

 (B)  No person shall knowingly possess a deadly weapon or dangerous ordnance in a school safety zone...  

* *  *   *

 [§ 2923.12.3] § 2923.123. Illegal conveyance of deadly weapon or dangerous ordnance into courthouse; illegal possession or control in courthouse.

 (A)  No person shall knowingly convey or attempt to convey a deadly weapon or dangerous ordnance into a courthouse or into another building or structure in which a courtroom is located.  

 (B)  No person shall knowingly possess or have under the person's control a deadly weapon or dangerous ordnance in a courthouse or in another building or structure in which a courtroom is located...  

* *  *   *

II. SWITCHBLADE KNIVES. 

§ 2923.20. Unlawful transaction in weapons.

(A)  No person shall...  
 (3) Manufacture, possess for sale, sell, or furnish to any person other than a law enforcement agency for authorized use in police work, any brass knuckles, cestus, billy, blackjack, sandbag, switchblade knife, springblade knife, gravity knife, or similar weapon...  

 (B)  Whoever violates this section is guilty of unlawful transactions in weapons. A violation of division (A)(1) or (2) of this section is a felony of the fourth degree. A violation of division (A)(3) or (4) of this section is a misdemeanor of the second degree. A violation of division (A)(5) of this section is a misdemeanor of the fourth degree.  
* *  *   * 

 III. SCHOOLS. 

§ 3313.66. Suspension, expulsion or permanent exclusion; removal from curricular or extracurricular activities... 

(3) The board of education of a city, exempted village, or local school district may adopt a resolution authorizing the superintendent of schools to expel a pupil from school for a period not to exceed one year for bringing a knife to a school operated by the board, onto any other property owned or controlled by the board, or to an interscholastic competition, an extracurricular event, or any other program or activity sponsored by the school district or in which the district is a participant, or for possessing a firearm or knife at a school, on any other property owned or controlled by the board, or at an interscholastic competition, an extracurricular event, or any other school program or activity, which firearm or knife was initially brought onto school board property by another person. The resolution may authorize the superintendent to extend such an expulsion, as necessary, into the school year following the school year in which the incident that gives rise to the expulsion takes place.  

* * * * * * *

CLEVELAND HEIGHTS Municipal Code  updated 9/2007

 549.09  CARRYING CERTAIN WEAPONS PROHIBITED.	

     (a)     No person shall carry on or about his person any weapon known or designated as brass knuckles, billy, slingshot, sandbag, blackjack or other weapon of similar character, or any knife fitted with a mechanical device for automatic release of the blade, opening the knife and locking the knife in the open position, commonly known as a switch or automatic spring knife, or any knife having a blade two and one-half inches in length or longer, or any straight edge razor, or any karate sticks by whatever name known.

     (b)     This section does not apply to any such weapons designated for use by officers of the law, or when engaged in lawful business or pursuit justifying possession of such weapon.