Ohio Rev. Code » Chapter 2941
Ohio Revised Code

Ohio Rev. Code § 2941.1412 (2026)

Discharged firearm at peace officer or corrections officer specification

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Effective:
September 14, 2016
Latest Legislation:
Senate Bill 97 - 131st General Assembly
PDF:
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(A) Imposition of a seven-year mandatory prison term upon an offender under division (B)(1)(f) (i) of section 2929.14 of the Revised Code is precluded unless the indictment, count in the indictment, or information charging the offense specifies that the offender discharged a firearm at a peace officer or a corrections officer while committing the offense. The specification shall be stated at the end of the body of the indictment, count, or information and shall be in substantially the following form:

"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT).

The Grand Jurors (or insert the person's or the prosecuting attorney's name when appropriate) further find and specify that (set forth that the offender discharged a firearm at a peace officer or a corrections officer while committing the offense)."

(B) Imposition of a mandatory prison term of one hundred twenty-six months upon an offender under division (B)(1)(f)(ii) of section 2929.14 of the Revised Code is precluded unless the indictment, count in the indictment, or information charging the offense specifies that the offender discharged a firearm at a peace officer or a corrections officer while committing the offense and that the offender previously has been convicted of or pleaded guilty to a firearm specification of the type described in section 2941.141, 2941.144, 2941.145, 2941.146, or 2941.1412 of the Revised Code. The specification shall be stated at the end of the body of the indictment, count, or information, and shall be substantially in the following form:

"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT).

The Grand Jurors (or insert the person's or the prosecuting attorney's name when appropriate) further find and specify that (set forth that the offender discharged a firearm at a peace officer or corrections officer while committing the offense and that the offender previously has been convicted of or pleaded guilty to a firearm specification of the type described in section 2941.141, 2941.144, 2941.145, 2941.146, or 2941.1412 of the Revised Code)."

(C) As used in this section:

(1) "Firearm" has the same meaning as in section 2923.11 of the Revised Code.

(2) "Peace officer" has the same meaning as in section 2935.01 of the Revised Code.

(3) "Corrections officer" means a person employed by a detention facility as a corrections officer.

(4) "Detention facility" has the same meaning as in section 2921.01 of the Revised Code.
Notes of Decisions
Cited in 29 cases (14 in the last 5 years), 2013–2026 · leading case: State v. Welninski, 2018-Ohio-778, 108 N.E.3d 185.
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State v. Welninski, 2018-Ohio-778, 108 N.E.3d 185. · cites it 2× “Attached to this charge were three specifications: a seven year firearm specification pursuant to R.C. 2941.1412(A) ; a repeat violent offender specification pursuant to R.”
State v. MacDonald, 2019-Ohio-3595. “For each of his five attempted-murder convictions, MacDonald was found guilty under R.C. 2941.1412(A), and sentenced according to R.”
State v. Belew (Slip Opinion), 2014-Ohio-2964, 17 N.E.3d 515. · cites it 2× “145) and discharged his firearm at peace officers (R.C. 2941.1412). He 1 One brief was filed by Ohio Suicide Prevention Foundation, Disability Rights Ohio, National Disability Rights Network, National Alliance on Mental Illness of Ohio, and Ohio Empowerment Coalition, Inc.”
State v. Phillips, 2016-Ohio-4672. · cites it 3× “See R.C. 2941.1412. {¶17} Our review of the entire record fails to persuade us that the jury, acting as the trier of fact, clearly lost its way and created such a manifest miscarriage of justice that the convictions must be reversed and a new trial ordered.”
State v. Armbruster, 2024-Ohio-2763. · cites it 9× “{¶19} Both felonious assault offenses were accompanied with a seven-year R.C. 2941.1412 peace-officer specification.”
State v. Baugh, 2018-Ohio-857. · cites it 2× “Counts I, II, and III are each accompanied two firearm specifications, the first pursuant to R.C. 2941.1412(A) and the second pursuant to R.”
State v. Hathorn, 2023-Ohio-3936, 227 N.E.3d 438. · cites it 2× “{¶31} Hathorn challenges the firearm specification for Count One, in violation of R.C. 2941.1412. This specification applies to one who discharges a firearm at a police officer.”
State v. Wilson, 2023-Ohio-1042. “R.C. 2941.1412 provides that a mandatory seven-year term is imposed if the count a defendant is convicted of “specifies that the offender discharged a firearm at a peace officer or a corrections officer while committing the offense.”
State v. Massalay, 2016-Ohio-779. “11(A)(2); R.C. 2941.1412. [II.] The trial court erred when it did not merge Sherron Massalay's second felonious-assault and firearm-specification convictions.”
State v. Young, 2014-Ohio-1055. “145 and R.C. 2941.1412, that led to this court’s determination in Parker that the three- and seven-year specifications were not mandatory consecutive as it was for the three- and five-year specifications.”
State v. Stevens, 2022-Ohio-3781. · cites it 3× “146 (specification concerning discharge of firearm from motor vehicle), and seven years pursuant to R.C. 2941.1412 (discharging firearm at peace officer or corrections officer); count four, attempted murder, pursuant to R.”
State v. Hill, 2018-Ohio-3901. · cites it 2× “146 and a firearm specification pursuant to R.C. 2941.1412, which prohibits discharging a firearm at a peace officer or corrections officer.”
Show all 29 citing cases →
Ohio Rev. Code § 2941.1412(A): 8 cases
State v. Welninski, 2018-Ohio-778, 108 N.E.3d 185. “Attached to this charge were three specifications: a seven year firearm specification pursuant to R.C. 2941.1412(A) ; a repeat violent offender specification pursuant to R.”
State v. MacDonald, 2019-Ohio-3595. “For each of his five attempted-murder convictions, MacDonald was found guilty under R.C. 2941.1412(A), and sentenced according to R.”
State v. Baugh, 2018-Ohio-857. “Counts I, II, and III are each accompanied two firearm specifications, the first pursuant to R.C. 2941.1412(A) and the second pursuant to R.”
State v. Runion, 2022-Ohio-2461.
State v. Hornbuckle, 2022-Ohio-2025.
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