New (to me) Ohio Laws

[kirko]

Well, I recently found updated laws for ohio knife carry, and they seem extremely more specific than the gray-area laws that I knew of last year. Don't fret, though, they seem to be better for us knife knuts! I will try to explain what they are conveying in layman's terms. If you see it a different way than I do, please, post!

I. DEADLY WEAPONS.

§ 2923.11. Definitions.

As used in sections 2923.11 to 2923.24 of the Revised Code:

(A) "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...

(J) "Ballistic knife" means a knife with a detachable blade that is propelled by a spring-operated mechanism...

This does not mean a knife in my opinion, it means real weapons, like guns, switchblades, OTF knives, etc. Keep reading for definitive descriptions...

§ 2923.12. Carrying concealed weapons.

(A) No person shall knowingly carry or have, concealed on the person's person or concealed ready at hand, any of the following:
(1) A deadly weapon other than a handgun;
(2) A handgun other than a dangerous ordnance;
(3) A dangerous ordnance.

(D) It is an affirmative defense to a charge under division (A)(1) of this section of carrying or having control of a weapon other than a handgun and other than a dangerous ordnance that the actor was not otherwise prohibited by law from having the weapon and that any of the following applies:
(1) The weapon was carried or kept ready at hand by the actor for defensive purposes while the actor was engaged in or was going to or from the actor's lawful business or occupation, which business or occupation was of a character or was necessarily carried on in a manner or at a time or place as to render the actor particularly susceptible to criminal attack, such as would justify a prudent person in going armed.
(2) The weapon was carried or kept ready at hand by the actor for defensive purposes while the actor was engaged in a lawful activity and had reasonable cause to fear a criminal attack upon the actor, a member of the actor's family, or the actor's home, such as would justify a prudent person in going armed.
(3) The weapon was carried or kept ready at hand by the actor for any lawful purpose and while in the actor's own home.
(4) The weapon was being transported in a motor vehicle for any lawful purpose, was not on the actor's person, and, if the weapon was a firearm, was carried in compliance with the applicable requirements of division (C) of section 2923.16 of the Revised Code.

(A)(1)(2)(3): It is illegal to have a concealed weapon, however, the next sections below describe what a concealed weapon is

(D) It is illegal to carry a concealed weapon other than a handgun UNLESS you fall into the descriptions in the below sections.

(1) The concealed weapon was carried by a lawful citizen in a lawful activity whos job was in a place of criminal attack, and the citizen was susceptible to attack

(2) The concealed weapon was carried by a lawful citizen in a lawful activity and the citizens family, loved one, or home was susceptible to attack

(3)The concealed weapon was carried by a lawful citizen in a lawful activity in his home

(4)The concealed weapon was carried by a lawful citizen in a lawful activity and was being transported in a motor vehicle for any lawful purpose

[§ 2923.12.2] § 2923.122. Illegal conveyance or possession of deadly weapon or dangerous ordnance or illegal possession of object indistinguishable from firearm in school safety zone.

(A) No person shall knowingly convey, or attempt to convey, a deadly weapon or dangerous ordnance into a school safety zone.

(B) No person shall knowingly possess a deadly weapon or dangerous ordnance in a school safety zone...


[§ 2923.12.3] § 2923.123. Illegal conveyance of deadly weapon or dangerous ordnance into courthouse; illegal possession or control in courthouse.

(A) No person shall knowingly convey or attempt to convey a deadly weapon or dangerous ordnance into a courthouse or into another building or structure in which a courtroom is located.

(B) No person shall knowingly possess or have under the person's control a deadly weapon or dangerous ordnance in a courthouse or in another building or structure in which a courtroom is located...

This is a no brainer

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Basically, you can carry a "weapon" concealed for the purposes listed above. A knife, however, probably wouldn't fall under these laws anyways unless the officer decided your knife was a weapon, in which case he would have to decide if you carried for a lawful purpose listed above.

I could be wrong in all of this, but interesting at least. I value your guys's input.

In my opinion, you can carry a knife concealed as long as you are law abiding citizen.

 

[Thomas Linton]

Under 2923.11(A), anything carried as a weapon and capable of inflicting death is a "deadly weapon." So think before you tell the officer you carry it "for protection."

Under 2923.11(A), a knife optimized as a weapon (Think tanto point or double-edge.) is a "deadly weapon."

Under 2923.12(D), if you are prosecuted for carrying a concealed deadly weapon, it's up the jury if you have met your burden of proof that one of these exceptions apply. Who will be on that jury and what do they think of carrying knives?