Ohio Code 2923.162 – Discharge of firearm on or near prohibited premises
(A) No person shall do any of the following:
Attorney's Note
Under the Ohio Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Felony of the first degree | 3 years or more | up to $20,000 |
| Felony of the second degree | 2 years or more | up to $15,000 |
| Felony of the third degree | 9 months to 5 years | up to $10,000 |
| Misdemeanor of the first degree | up to 180 days | up to $1,000 |
| Misdemeanor of the fourth degree | up to 30 days | up to $250 |
Terms Used In Ohio Code 2923.162
- Another: when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. See Ohio Code 1.02
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- Property: means real and personal property. See Ohio Code 1.59
- Whoever: includes all persons, natural and artificial; partners; principals, agents, and employees; and all officials, public or private. See Ohio Code 1.02
(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.