You did not provide a link to lesson plan 2-20. This would not be the first time to find a paid for lesson plan to be wrong. I provided you with the structure of the statutes. And I know that many attorneys have no clue as to how the law is actually structured.xpd54 wrote: ↑Sun Mar 12, 2023 7:39 pmIn the grand scheme of things, my opinion means nothing. But the following people/organizations also disagree with you:Bearable wrote: ↑Sun Mar 12, 2023 12:40 pm That would be a great point except xpd54 is incorrect. He doesn't understand statutory construction. Both 2923.122 and 2923.123 are supplemental sections of 2923.12.
The Revised Code is divided into titles, chapters, sections, and supplemental sections.
Each subdivision of the Revised Code indicates increasing specificity regarding the topic addressed. For example, Title 29 of the Revised Code addresses Crimes-Procedure law generally, and each chapter and its sections provide increasing levels of detail.
You can determine the title, chapter, and section (and, if relevant, supplemental section) of the Revised Code from the number:
R.C. 2923.12 → Title 29, Chapter 23, Section 12
R.C. 2923,122 → Title 29, Chapter 23, Section 12, and Supplemental Section 2.
See: https://www.lsc.ohio.gov/assets/organiz ... s-2023.pdf
That is why part (H) is under 2923.12
The Attorney General and his Ohio Peace Officer Training Commission staff attorneys who created the lesson plan I use when I teach topic 2-2O (weapon offenses) in the basic police academy:
Page 44 “Deadly weapon” and “weapon,” for purposes of R.C. 2923.12, does not include any knife, razor, or cutting instrument if the instrument was not used as a weapon.
No other offenses are mentioned.
Page 58 (regarding deadly weapons in schools since they don’t cover courts & 2923.123, but the same principle applies):
“Interpretation of elements: The offense (2923.122) prohibits taking any deadly weapon, not just a firearm (e.g., knives, brass knuckles), onto school premises, which include the following…..”
There is nothing in the lesson plan that says it has to be used as a weapon for this to apply.
And on page 198, they give a scenario where the cadets are supposed to figure out what charge is appropriate. One of the portions of the scenario deals with a car full of bad guys on a school parking lot. One of the turds has a switchblade in his sock. It wasn’t used as a weapon. Just mere possession. The answer key says that said turd could be charged with 2923.122(B) for being in possession of a deadly weapon (the knife) in a school safety zone.
The staff at the Ohio Legislative Service Commission who did this analysis also appear to disagree with you:
“…for purposes of the offense (singular) of CCW”. Not for anything else.The act excludes knives, razors, and cutting instruments that were not used as weapons from the definition of “deadly weapon” for purposes of the offense of “carrying concealed weapons” and consequently excludes them from the continuing law prohibition against carrying a concealed deadly weapon.
https://www.legislature.ohio.gov/downlo ... format=pdf
The folks at the American Knife and Tool Institute who helped get the law passed: https://www.akti.org/state-knife-laws/ohio/
And finally -
The prosecutors who I deal with on a regular basis and who I’ve reviewed cases like this with.
As to the OHIO LEGISLATIVE SERVICE COMMISSION; it is outdated and points to statues of which parts have been repealed. Even so, it doesn't even address schools and courthouses.
Also, American Knife and Tool Institute link is out dated and does not even address 2923.122 or 2923.123. It is of no value.
I didn't give you some attorney's opinion. I gave you the structure of our statutes.
That's what is great about this country, you get to believe whatever you want.