willbird wrote:if the handgun is not loaded and in a locked container, or a locked
firearms rack that is on a motor vehicle;
This section says under federal law you can lock your gun in a locked case, or lock it in a rack made for that purpose and as long as it is not loaded the law does not apply to it.
You are correct that
18 USC Sec. 922 (q)(2)(B)(iii) states:
(B) Subparagraph (A) does not apply to the possession of a firearm -
(iii) that is -
(I) not loaded; and
(II) in a locked container, or a locked firearms rack that is on a motor vehicle;
However, that is still forbidden, even for CHL holders, under Ohio law.
2923.122 Illegal conveyance or possession of deadly weapon or dangerous ordnance or of object indistinguishable from firearm in school safety zone states:
ORC 2923.122(B) wrote:(B) No person shall knowingly possess a deadly weapon or dangerous ordnance in a school safety zone.
The relevant exception is covered in (D)(3):
ORC 2923.122(D)(3) wrote:(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: (emphasis added)
(a) The person does not enter into a school building or onto school premises and is not at a school activity.
{This is the gothcha part of the language discussed below}
(b) The person is carrying a valid license or temporary emergency license to carry a concealed handgun issued to the person under section 2923.125 or 2923.1213 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.
(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 division (B)(1) or (B)(3) to (10) of section 2923.126 of the Revised Code.
Subparagraph (a) is the key language that makes the Ohio Revised Code more restrictive than the United States Code.
Basically, it allows CHL holders CHL holders to be in the school safety zone, but disallows possession on the premises.
Even unloaded and in a locked container is still illegal on school premises..
And don't even get me started on the whole
poison pill embedded in the language
"and is not at a school activity". Is dropping a child off at school at the curb
"a school activity"? If there is a firearm unloaded and locked in the vehicle parked in a city park located 500 feet from the school, and a class field trip walks into the parking lot, is it suddenly covered under the
"school activity" clause? If the school track team is going for a run in a park within 1000 feet of a school, is that
"a school activity"?
You might think that I am being nitpicky about the poison pill language, but make no mistake that anti-gunners consistently leverage the law in unfair and overly scrupulous ways that are not forseen by the original legislators. Just look at the BATFE's enforcement history for plenty of examples.
Of course, then we have to address the
"knowingly" part of the language.