Ohio: House-approved bill allows people found to carry a gun into a courthouse to avoid charges if they simply leave

The Ohio House last week approved a plan that could expand the carrying of guns into courthouses in the state.

Under current law (R.C. 2923.126(B)(3)) a concealed carry license doesn’t allow for a person to carry a concealed gun into “A courthouse or another building or structure in which a courtroom is located, in violation of section 2923.123 of the Revised Code.”)

Currently a person who does carry into a courthouse is guilty of a felony under R.C. 2319.123(A) and (B).

However, under HB 233 as approved by the House, the person with a concealed carry license would be able to avoid the felony charge if they simply leave the courthouse. Moreover, if they remained or came back with a gun within 30 days, they would be charged only with a misdemeanor under a new law (R.C. 2923.1214).

A person who has a valid concealed handgun license or who is a qualified military member and who is discovered conveying, possessing, or controlling a deadly weapon in violation of division (A) or (B) of this section is subject to removal from the premises but is not guilty of illegal conveyance of a deadly weapon or dangerous ordnance into a courthouse or of illegal possession or control of a deadly weapon or dangerous ordnance in a courthouse, as applicable . If the person refuses or fails to leave the premises upon being requested to do so by the individual in control of the premises or by that individual’s agent or employee, or returns within thirty days to the same premises while knowingly in possession of a deadly weapon in violation of this section, the person is guilty of criminal trespass with a deadly weapon, as described in section 2923.1214 of the Revised Code

HB 233 has been sent to the Senate.

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