2006 Ohio Revised Code - [2923.16.2] 2923.162.Discharge of firearm on or near prohibited premises.

[§ 2923.16.2] § 2923.162. Discharge of firearm on or near prohibited premises.
 

(A)  No person shall do any of the following: 

(1) Without permission from the proper officials and subject to division (B)(1) of this section, discharge a firearm upon or over a cemetery or within one hundred yards of a cemetery; 

(2) Subject to division (B)(2) of this section, discharge a firearm on a lawn, park, pleasure ground, orchard, or other ground appurtenant to a schoolhouse, church, or inhabited dwelling, the property of another, or a charitable institution; 

(3) Discharge a firearm upon or over a public road or highway. 

(B) (1)  Division (A)(1) of this section does not apply to a person who, while on the person's own land, discharges a firearm. 

(2) Division (A)(2) of this section does not apply to a person who owns any type of property described in that division and who, while on the person's own enclosure, discharges a firearm. 

(C)  Whoever violates this section is guilty of discharge of a firearm on or near prohibited premises. A violation of division (A)(1) or (2) of this section is a misdemeanor of the fourth degree. A violation of division (A)(3) of this section shall be punished as follows: 

(1) Except as otherwise provided in division (C)(2), (3), or (4) of this section, a violation of division (A)(3) of this section is a misdemeanor of the first degree. 

(2) Except as otherwise provided in division (C)(3) or (4) of this section, if the violation created a substantial risk of physical harm to any person or caused serious physical harm to property, a violation of division (A)(3) of this section is a felony of the third degree. 

(3) Except as otherwise provided in division (C)(4) of this section, if the violation caused physical harm to any person, a violation of division (A)(3) of this section is a felony of the second degree. 

(4) If the violation caused serious physical harm to any person, a violation of division (A)(3) of this section is a felony of the first degree. 
 

HISTORY: 148 v S 107. Eff 3-23-2000; 150 v H 52, § 1, eff. 6-1-04.

 

Effect of Amendments

150 v H 52, effective June 1, 2004, added (C)(1) through (4) and made related changes.