Ohio Rev. Code » Chapter 2923
Ohio Revised Code

Ohio Rev. Code § 2923.162 (2026)

Discharge of firearm on or near prohibited premises

✓ laws through the 2026 session (checked Sept. 2026)
Find cases: SyfertCases citing this section ORCcodes.ohio.gov (official) Justiaon Justia CornellLII Search CasesGoogle Scholar
Effective:
June 1, 2004
Latest Legislation:
House Bill 52 - 125th General Assembly
PDF:
Download Authenticated PDF
 

(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.
Sort: Relevance Newest Treatment
State v. Johnson, 2022-Ohio-4629. · 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. · 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. · 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. · 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. · 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, 185 N.E.3d 176. · 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. · 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. · 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. · 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. · 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. · 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, No. 5:23-cv-00655 (N.D. Ohio Mar. 30, 2025).
Ohio Rev. Code § 2923.162(A): 4 cases
State v. Spears, 2011-Ohio-1538.
State v. Holman, 2023-Ohio-716.
State v. Dowdell, 2020-Ohio-1455.
State v. Lewis, 2025-Ohio-2454.
Ohio Rev. Code § 2923.162(A)(1): 1 case
State v. Williams, 2019-Ohio-794. “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, No. 21-3737 (6th Cir. June 16, 2022).
Ohio Rev. Code § 2923.162(A)(2): 10 cases
State v. Williams, 2019-Ohio-794. “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.
State v. Schall, 2024-Ohio-1896, 244 N.E.3d 169.
State v. Lilly, 2018-Ohio-949.
State v. Miller, 2016-Ohio-7952.
Ohio Rev. Code § 2923.162(A)(3): 279 cases
State v. Nicholson, 2022-Ohio-2037. “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. “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. “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, 185 N.E.3d 176. “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. “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 Rev. Code § 2923.162(A)(3)(C)(2): 10 cases
State v. Ropp, 2020-Ohio-824. “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, 174 N.E.3d 1262.
State v. Johnson, 2016-Ohio-7937.
State v. Hill, 2018-Ohio-3901.
State v. Dewalt, 2020-Ohio-5504.
Ohio Rev. Code § 2923.162(A)(3)(C)(4): 3 cases
State v. Lee, 2020-Ohio-3987.
State v. McKinney, 2020-Ohio-4721.
State v. Mitchell, 2025-Ohio-4658.
Ohio Rev. Code § 2923.162(A)(3)(c)(4): 1 case
State v. Howard, 2020-Ohio-3819, 156 N.E.3d 433.
Ohio Rev. Code § 2923.162(C): 5 cases
State v. Williams, 2019-Ohio-794. “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.
State v. Cowan, 2016-Ohio-8045.
State v. Melton, 2012-Ohio-5413.
State v. Hill, 2025-Ohio-5776.
Ohio Rev. Code § 2923.162(C)(1): 6 cases
State v. Williams, 2019-Ohio-794. “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.
State v. Khalif, 2024-Ohio-2239. “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.
State v. Shaw, 2017-Ohio-7404.
Ohio Rev. Code § 2923.162(C)(2): 16 cases
State v. Wilson, 2022-Ohio-504, 185 N.E.3d 176. “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. “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.
State v. Mabra, 2015-Ohio-5493.
State v. Robinson, 2025-Ohio-447.
Ohio Rev. Code § 2923.162(C)(3): 2 cases
State v. Johnson, 2022-Ohio-4629. “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 Rev. Code § 2923.162(C)(4): 10 cases
State v. Johnson, 2022-Ohio-4629. “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.
State v. Yates, 2012-Ohio-919.
State v. Goodwin, 2013-Ohio-4591.
State v. Coleman, 2021-Ohio-968.
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.