Quick Legal Facts
Statewide Preemption:
No.
Concealed Carry:
Ohio law provides that one may not carry in a concealed manner a “deadly weapon,” as that term is statutorily defined.
Schools:
Ohio law prohibits the possession of a “deadly weapon” on any ‘School Safety Zone’ which includes, a school, school building, school premises, school activity, and school bus.
Critical Dimensions:
None noted.
Restricted Knives:
Ballistic knives.
State restrictions applicable generally to the concealed carry of knives have been removed effective April 12, 2021. Any knife may be carried openly or concealed provided it “was not used as a weapon”. Location-specific “deadly weapon” restrictions for “school safety zones” and court facilities remain in place.
Relevant Statutes:
2923.11 Definitions
2923.12 Carrying concealed weapons; affirmative defenses
2923.122 Conveyance or possession of deadly weapons or dangerous ordnance in “school safety zone”
2923.123 Illegal conveyance, possession or control of a deadly weapon or dangerous ordnance in a courthouse
2923.131 Possession of a deadly weapon while under detention
2923.20 Unlawful transactions in weapons
Statewide Preemption:
No. Weapon and knife restrictive municipal ordinances are not uncommon in Ohio.
Restrictions on Sale or Transfer:
None noted.
Concealed Carry:
Not a problem.
Restrictions on Carry in Specific Locations/Circumstances:
It is unlawful to possess a “deadly weapon” as defined by 2923.11 (A) within a “school safety zone” or a “courthouse.” A “school safety zone” includes a school, school building, school premises, school activity, and/or a school bus. A “courthouse” includes a building in which a courtroom is located.
- Preemption, Local Ordinances
Some Ohio municipalities, (Dayton) have weapon ordinances that mimic the ‘’deadly weapon” state law. While these ordinances may have been derived from state law, they are not automatically altered by the recent amendments.
The Ohio State Constitution provides for uniformity in Article 2 (26): All laws, of a general nature, shall have a uniform operation throughout the State; nor, shall any act, except such as relates to public schools, be passed, to take effect up on the approval of any other authority than the General Assembly, except, as otherwise provided in this constitution.
- Specific Location Restriction
It is unlawful to possess a “deadly weapon” as defined by 2923.11 (A) in a school safety zone or a courthouse. It is also unlawful for a person “while under detention” per 2923.131. Circumstances of possession may be a factor in applying the definition. A common nail four inches in length taped to the defendant’s prison cot was held to be a “deadly weapon” in the possession of a person under detention. State v. Samples (2005) Unreported.
As a suggestion knives should not be carried by school students or visitors or by persons entering a courthouse. Possession of a deadly weapon in either location is a 5th-degree felony punishable by up to confinement for 12 months and/or a fine of $2,500.
- Deadly Weapon
Knife restrictions at the state level are based on the statutory definition of “deadly weapon” as in 2923.11 (A) <used in sections 2923.11 to 2923.24>
“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.
Accordingly, a knife may be a “deadly weapon” if:
-It is capable of inflicting death, and
-It is designed or specially adapted for use as a weapon, or
-It is possessed, carried, or used as a weapon.
-There is no presumption that a knife is a “deadly weapon”. The prosecution must prove the elements included in the definition as appropriate. State v. Cathel 713 N.E.2d 52 (1998).
Effective April 12, 2021, section 2923.12 was amended to add sub-part (H):
(H) For purposes of this section, “deadly weapon” or “weapon” does not include any knife, razor, or cutting instrument if the instrument was not used as a weapon.
The exclusion of knives from the restrictions of 2923.12 Carrying concealed weapons; affirmative defenses applies only to the section and notwithstanding that the knife may have been concealed or carried about the person as a weapon. The sub-part (H) exclusion is vitiated only if the knife is used as a weapon.
The statutory definition of “deadly weapon” is applicable to the location-specific restrictions for school safety zones and court facilities.
- Automatic Knives
The sub-part of 2923.20 which made it unlawful to manufacture, sell, or furnish any “switchblade knife,” “springblade knife,” or “gravity knife,” among other things, was removed effective April 12, 2021.
- Law Enforcement and Military
Ohio law allows substantial exceptions for law enforcement and U.S. Military along with officers from other states as to the concealed carry section 2923.12 <Similar provisions exist with those sections pertaining to school zones and court facilities>:
(C)(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 to a law enforcement officer, who is authorized to carry concealed weapons or dangerous ordnance or is authorized to carry handguns and is acting within the scope of the officer’s, agent’s, or employee’s duties;
