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Ohio Revised Code

Ohio Rev. Code § 2923.162 (2026)

Discharge of firearm on or near prohibited premises

✓ current as of May 2026
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Effective:
June 1, 2004
Latest Legislation:
House Bill 52 - 125th General Assembly
PDF:
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(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.
Notes of Decisions
Cited in 332 cases (191 in the last 5 years), 2000–2026 · leading case: State v. Johnson, 2022 Ohio 4629 (Ohio Ct. App. 2022).
Sort: Relevance Newest Treatment
State v. Johnson, 2022 Ohio 4629 (Ohio Ct. App. 2022). · cites it 15× “Facts and Course of Proceedings {¶ 2} On December 16, 2021, a Montgomery County grand jury returned an indictment charging Johnson with single counts of discharge of a firearm on or near a -3- prohibited premises in violation of R.C. 2923.162(A)(3), felonious assault with a…”
State v. Williams, 2019 Ohio 794 (Ohio Ct. App. 2019). · cites it 8× “He does not challenge his conviction pursuant 2 R.C. 2923.162 (“Discharge of firearm on or near prohibited premises”) prohibits discharging a firearm within a hundred yards of a cemetery (R.”
State v. Nicholson, 2022 Ohio 2037 (Ohio Ct. App. 2022). · cites it 8× “161 and/or Discharge Over a Roadway, RC 2923.162 and/or Improperly Handling of [a] Firearm, RC 2923.”
State v. Ropp, 2020 Ohio 824 (Ohio Ct. App. 2020). · cites it 9× “He also was convicted and sentenced on one count of discharging a firearm on or near prohibited premises in violation of R.C. 2923.162(A)(3), which provides: “No person shall do any of the following: * * * Discharge a firearm upon or over a public road or highway.”
United States v. Davis, 588 U.S. 445 (2019). “2017) ("substantial risk of physical injury"); Ohio Rev. Code Ann. § 2923.162 (C)(2) (Lexis 2014) ("substantial risk of physical harm"); R.”
State v. Maldonado, 2020 Ohio 5616 (Ohio Ct. App. 2020). · cites it 8× “146 five-year “drive-by” firearm specification is not applicable to a charge of discharge of a firearm on or near prohibited premises in violation of R.C. 2923.162. He argues that R.C. 2941.146 applies only to felonies that include, as an essential element, purposely or…”
State v. Wilson, 2022 Ohio 504 (Ohio Ct. App. 2022). · cites it 4× “11(A)(2), a felony of the second degree, each with a criminal gang activity specification and a firearm specification; one count of discharging a firearm on or near prohibited premises in violation of R.C. 2923.162(A)(3), a felony of the third degree, with a firearm…”
State v. Krowiak, 2022 Ohio 413 (Ohio Ct. App. 2022). · cites it 7× “06(A)(2), when he should have been properly charged under R.C. 2923.162. For the following reasons, we disagree with Mr.”
State v. Maldonado, 2021 Ohio 1724 (Ohio Ct. App. 2021). · cites it 8× “146 five-year “drive-by” firearm specification is not applicable to a charge of discharge of a firearm on or near prohibited premises in violation of R.C. 2923.162. He argues that R.C. 2941.146 applies only to felonies that include, as an essential element, purposely or…”
State v. James, 2015 Ohio 4987 (Ohio Ct. App. 2015). · cites it 4× “162: “The Committee believes that R.C. 2923.162 imposes strict liability.” The Ohio Jury Instructions are not authoritative, but are “helpful” as a “generally accepted interpretation” of a statute.”
State v. Gilcrease, 2020 Ohio 487 (Ohio Ct. App. 2020). · cites it 9× “161(A)(1) (victim, Orvis Alexander); Count 2 — discharge of firearm on or near prohibited premises in violation of R.C. 2923.162(A)(3); Count 3 — improperly discharging into habitation in violation of R.”
State v. Khalif, 2024 Ohio 2239 (Ohio Ct. App. 2024). · cites it 12× “11, a second-degree felony; and one count of discharge of a firearm on or near prohibited premises, in violation of R.C. 2923.162, a third-degree felony. Both charges contained accompanying three-year firearm specifications pursuant to R.”
Show all 332 citing cases →
— Ohio Rev. Code § 2923.162(3) — 1 case
Williams v. City of Canton (N.D. Ohio 2025).
— Ohio Rev. Code § 2923.162(A) — 4 cases
State v. Spears, 2011 Ohio 1538 (Ohio Ct. App. 2011).
State v. Holman, 2023 Ohio 716 (Ohio Ct. App. 2023).
State v. Dowdell, 2020 Ohio 1455 (Ohio Ct. App. 2020).
State v. Lewis, 2025 Ohio 2454 (Ohio Ct. App. 2025).
— Ohio Rev. Code § 2923.162(A)(1) — 1 case
State v. Williams, 2019 Ohio 794 (Ohio Ct. App. 2019). “He does not challenge his conviction pursuant 2 R.C. 2923.162 (“Discharge of firearm on or near prohibited premises”) prohibits discharging a firearm within a hundred yards of a cemetery (R.”
— Ohio Rev. Code § 2923.162(A)(1)(3) — 1 case
United States v. Deon Sanders (6th Cir. 2022).
— Ohio Rev. Code § 2923.162(A)(2) — 10 cases
State v. Williams, 2019 Ohio 794 (Ohio Ct. App. 2019). “He does not challenge his conviction pursuant 2 R.C. 2923.162 (“Discharge of firearm on or near prohibited premises”) prohibits discharging a firearm within a hundred yards of a cemetery (R.”
State v. Locker, 2023 Ohio 2533 (Ohio Ct. App. 2023).
State v. Schall, 2024 Ohio 1896 (Ohio Ct. App. 2024).
State v. Lilly, 2018 Ohio 949 (Ohio Ct. App. 2018).
State v. Miller, 2016 Ohio 7952 (Ohio Ct. App. 2016).
— Ohio Rev. Code § 2923.162(A)(3) — 279 cases
State v. Nicholson, 2022 Ohio 2037 (Ohio Ct. App. 2022). “161 and/or Discharge Over a Roadway, RC 2923.162 and/or Improperly Handling of [a] Firearm, RC 2923.”
State v. Johnson, 2022 Ohio 4629 (Ohio Ct. App. 2022). “Facts and Course of Proceedings {¶ 2} On December 16, 2021, a Montgomery County grand jury returned an indictment charging Johnson with single counts of discharge of a firearm on or near a -3- prohibited premises in violation of R.C. 2923.162(A)(3), felonious assault with a…”
State v. Gilcrease, 2020 Ohio 487 (Ohio Ct. App. 2020). “161(A)(1) (victim, Orvis Alexander); Count 2 — discharge of firearm on or near prohibited premises in violation of R.C. 2923.162(A)(3); Count 3 — improperly discharging into habitation in violation of R.”
State v. Wilson, 2022 Ohio 504 (Ohio Ct. App. 2022). “11(A)(2), a felony of the second degree, each with a criminal gang activity specification and a firearm specification; one count of discharging a firearm on or near prohibited premises in violation of R.C. 2923.162(A)(3), a felony of the third degree, with a firearm…”
State v. Ropp, 2020 Ohio 824 (Ohio Ct. App. 2020). “He also was convicted and sentenced on one count of discharging a firearm on or near prohibited premises in violation of R.C. 2923.162(A)(3), which provides: “No person shall do any of the following: * * * Discharge a firearm upon or over a public road or highway.”
— Ohio Rev. Code § 2923.162(A)(3)(C)(1) — 1 case
State v. McGowan, 2019 Ohio 2554 (Ohio Ct. App. 2019).
— Ohio Rev. Code § 2923.162(A)(3)(C)(2) — 10 cases
State v. Ropp, 2020 Ohio 824 (Ohio Ct. App. 2020). “He also was convicted and sentenced on one count of discharging a firearm on or near prohibited premises in violation of R.C. 2923.162(A)(3), which provides: “No person shall do any of the following: * * * Discharge a firearm upon or over a public road or highway.”
State v. Jeter, 2021 Ohio 2351 (Ohio Ct. App. 2021).
State v. Johnson, 2016 Ohio 7937 (Ohio Ct. App. 2016).
State v. Hill, 2018 Ohio 3901 (Ohio Ct. App. 2018).
State v. Dewalt, 2020 Ohio 5504 (Ohio Ct. App. 2020).
— Ohio Rev. Code § 2923.162(A)(3)(C)(4) — 3 cases
State v. Lee, 2020 Ohio 3987 (Ohio Ct. App. 2020).
State v. McKinney, 2020 Ohio 4721 (Ohio Ct. App. 2020).
State v. Mitchell, 2025 Ohio 4658 (Ohio Ct. App. 2025).
— Ohio Rev. Code § 2923.162(A)(3)(c)(4) — 1 case
State v. Howard, 2020 Ohio 3819 (Ohio Ct. App. 2020).
— Ohio Rev. Code § 2923.162(C) — 5 cases
State v. Williams, 2019 Ohio 794 (Ohio Ct. App. 2019). “He does not challenge his conviction pursuant 2 R.C. 2923.162 (“Discharge of firearm on or near prohibited premises”) prohibits discharging a firearm within a hundred yards of a cemetery (R.”
State v. Melton, 2013 Ohio 257 (Ohio Ct. App. 2013).
State v. Cowan, 2016 Ohio 8045 (Ohio Ct. App. 2016).
State v. Melton, 2012 Ohio 5413 (Ohio Ct. App. 2012).
State v. Hill, 2025 Ohio 5776 (Ohio Ct. App. 2025).
— Ohio Rev. Code § 2923.162(C)(1) — 6 cases
State v. Williams, 2019 Ohio 794 (Ohio Ct. App. 2019). “He does not challenge his conviction pursuant 2 R.C. 2923.162 (“Discharge of firearm on or near prohibited premises”) prohibits discharging a firearm within a hundred yards of a cemetery (R.”
State v. Wilson, 2023 Ohio 1042 (Ohio Ct. App. 2023).
State v. Khalif, 2024 Ohio 2239 (Ohio Ct. App. 2024). “11, a second-degree felony; and one count of discharge of a firearm on or near prohibited premises, in violation of R.C. 2923.162, a third-degree felony. Both charges contained accompanying three-year firearm specifications pursuant to R.”
State v. Anderson, 2024 Ohio 3118 (Ohio Ct. App. 2024).
State v. Shaw, 2017 Ohio 7404 (Ohio Ct. App. 2017).
— Ohio Rev. Code § 2923.162(C)(2) — 16 cases
State v. Wilson, 2022 Ohio 504 (Ohio Ct. App. 2022). “11(A)(2), a felony of the second degree, each with a criminal gang activity specification and a firearm specification; one count of discharging a firearm on or near prohibited premises in violation of R.C. 2923.162(A)(3), a felony of the third degree, with a firearm…”
State v. Ropp, 2020 Ohio 824 (Ohio Ct. App. 2020). “He also was convicted and sentenced on one count of discharging a firearm on or near prohibited premises in violation of R.C. 2923.162(A)(3), which provides: “No person shall do any of the following: * * * Discharge a firearm upon or over a public road or highway.”
State v. Wilson, 2023 Ohio 1042 (Ohio Ct. App. 2023).
State v. Mabra, 2015 Ohio 5493 (Ohio Ct. App. 2015).
State v. Robinson, 2025 Ohio 447 (Ohio Ct. App. 2025).
— Ohio Rev. Code § 2923.162(C)(3) — 2 cases
State v. Johnson, 2022 Ohio 4629 (Ohio Ct. App. 2022). “Facts and Course of Proceedings {¶ 2} On December 16, 2021, a Montgomery County grand jury returned an indictment charging Johnson with single counts of discharge of a firearm on or near a -3- prohibited premises in violation of R.C. 2923.162(A)(3), felonious assault with a…”
State v. Gibson, 2023 Ohio 1776 (Ohio Ct. App. 2023).
— Ohio Rev. Code § 2923.162(C)(4) — 10 cases
State v. Johnson, 2022 Ohio 4629 (Ohio Ct. App. 2022). “Facts and Course of Proceedings {¶ 2} On December 16, 2021, a Montgomery County grand jury returned an indictment charging Johnson with single counts of discharge of a firearm on or near a -3- prohibited premises in violation of R.C. 2923.162(A)(3), felonious assault with a…”
State v. Johnson, 2019 Ohio 4265 (Ohio Ct. App. 2019).
State v. Yates, 2012 Ohio 919 (Ohio Ct. App. 2012).
State v. Goodwin, 2013 Ohio 4591 (Ohio Ct. App. 2013).
State v. Coleman, 2021 Ohio 968 (Ohio Ct. App. 2021).
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