"Permission" to carry in CPZ

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djthomas
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Post by djthomas »

SMMAssociates wrote:The unbolded section allows on-duty LEO's and other government "agents", or a Security Officer, to carry. The bold section says that they can authorize "others". It appears (might be covered elsewhere) that a CHL is not required.
You still need a CHL if you plan to carry concealed. There's several different sections of law at play here. The first, the CCW statute exempting CHLers from the crime of carrying a concealed weapon under certain circumstances is 2923.12. The second, Improper Handling of Firearms in a Motor Vehicle is 2923.16. The third, the school statute prohibiting firearms on school property without school board permission is 2923.122. The school board can exempt you from 2923.122, however sections 2923.12 (general CCW prohibition) and 2329.16 still apply. The CHL statute includes school property as off limits with a CHL, provided you're in violation of 2923.122. So with Board permission, that particular CPZ restriction would be removed from you.

The best analogy I can think of would be traffic laws. There are many different sections of the traffic law (ORC Ch 45). One may be exempted from certain sections at certain times, but that does not give a blanket exemption to all traffic laws of a similar nature (e.g. parking). For example, it may be illegal to park on a certain street without a permit. I've seen this in college towns where the city requires people parking on certain streets to live on that street and get a Resident Permit. However, just because you have a permit does not mean you're exempt from the other laws requiring you to park your vehicle facing the direction of travel or the one requiring you to remove the key from the ignition.

I have heard of people being charged with multiple weapons offenses on the same incident so I know it happens. Usually it's some thug carrying Mexican style in his ride. They'll usually get him with CCW AND Improper Handling. If he was on school grounds, I'm sure they'd throw the third one on there too.

So in short, with written permission from the school board, you could carry openly or unloaded in your vehicle with no CHL. But if you plan to carry loaded in a motor vehicle or concealed, you need a CHL, because the other two sections still apply.
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Post by SMMAssociates »

djthomas:

Thanks.... I wasn't sure that other sections of law wouldn't trip you up.... Sometimes I miss the AD days....

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Stu.

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(Why do those who claim to wish to protect me feel that the best way to do that is to disarm me?)

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jacksnack

Post by jacksnack »

Awake Thread!!!


Well, as I mentioned earlier, my son is going to private kindergarten this year. With PERMISSION, could I carry in the parking lot only? Perhaps only FOPA carry?
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rickt
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Post by rickt »

jacksnack wrote:Awake Thread!!!


Well, as I mentioned earlier, my son is going to private kindergarten this year. With PERMISSION, could I carry in the parking lot only? Perhaps only FOPA carry?
If you go back to the first page of this thread, SeanC posted the relevant snippet of the law. One thing to notice is it requires written permission. No carry method is defined in that snippet of law.
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Post by Buckshot »

jacksnack wrote:Awake Thread!!!


Well, as I mentioned earlier, my son is going to private kindergarten this year. With PERMISSION, could I carry in the parking lot only? Perhaps only FOPA carry?
Jacksnak,

Private, public, parochial or whatever, the type of school makes no difference as long as it is in the K-12 bracket, the same laws still apply unless it is a home school situation.

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djthomas
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Post by djthomas »

jacksnack wrote:Awake Thread!!!


Well, as I mentioned earlier, my son is going to private kindergarten this year. With PERMISSION, could I carry in the parking lot only? Perhaps only FOPA carry?
The School Safety Zone law is amazingly clear in this regard. As the other poster said, it's no different than a public K-12. The law doesn't provide exemptions for different styles (such as car only, FOPA only, etc). Deadly weapons are prohibited - period unless you get that written permission from the "governing body." As a caveat, they can make that permission subject to certain conditions. For example they could require you to wear a purple shirt while doing it. More realistically they could grant you permission to be armed only while you're dropping off/picking up your child provided you don't get out of the car. Just make sure you comply with the other two carrying weapons laws. You've got a CHL so I'd say you're good to go to the extent that the governing body says you are.

Under 2923.122 (D)(1)(a) this section does not apply to:
"...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;"

Let us know if you actually manage to secure written permission. I've never heard of any board or governing body granting written permission for daily carry. The only exceptions I've heard of are for singular educational things like civil war buffs bringing a musket to a history class on a particular day.
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Post by ParatrooperJJ »

Please note the the federal exemption for CCW only applies to permits issued by the state the school zone is located in (ie - it only applies in the state that the permit is issued in.)
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techres
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Post by techres »

I am on shakey ground not being from ohio, but the rule here in Indiana is that an armed parent CAN drive onto school property to drop off/pickup a child SO LONG AS HE/SHE DOES NOT CEASE BEING THE OPERATOR OF THE VEHICLE.

That means you have to keep the motor running and stay behind the wheel, period. No one other than the driver may be armed, only the driver.

But that is Indiana's implementation of the school law.
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Post by Glock Rock »

I read on another board that Georgia passed a law allowing pick up of kids at school with guns in car.
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