Ohio House passes bill that excuses schools, teachers from liability for gun accidents

[Judi Lynn]

Source: McClatchy News

Ohio House passes bill that excuses schools, teachers from liability for gun accidents
By DOUG LIVINGSTON AND DAVE SCOTT
Akron Beacon Journal January 25, 2014

AKRON, Ohio — A month after a local police officer and decorated combat veteran accidentally discharged his firearm in a school, the Ohio House passed legislation Wednesday that would remove liability for schools that make closed-door decisions about arming teachers.

Current Ohio law allows private and public schools to permit teachers to carry guns. It's a local decision. The proposed law would allow them to decide in private who can be armed and protect schools from liability issues if there is an accident.

State education officials currently do not track which schools have armed educators, nor does the Attorney General's Office, although school safety plans filed with the AG's office might include information on who in a school may have a weapon. The bill still makes that a voluntary disclosure, which means a police officer responding to an emergency might not know who in the school is carrying a weapon.

Those safety plans are not public records.

The bill, moved from the House to the Senate on Wednesday, adds a requirement that employees authorized to carry a firearm undergo training provided by the Attorney General's Office, which did not participate in crafting the House bill.




Read more: http://www.mcclatchydc.com/2014/01/25/215765/ohio-house-passes-bill-that-excuses.html#storylink=cpy

[elfin]

1. So if a kid gets killed

By careless gun handling by the armed adult - is that an "accident?"

This is horrible.

[ManiacJoe]

10. To some people, yes, it is an accident.

To others it is negligence.

Either way, it is the fault of the shooter, not the fault of the school, if the shooter is not acting appropriately.

As for who would be liable if an armed teacher accidentally shoots an innocent bystander, Roegner's bill absolves the school and educator from civil action, so long as the armed employee acted appropriately.

[leftyohiolib]

2. moved from the house to the senate on wednesday and their reporting on it today?

[spartan61]

3. If the teachers were not armed,

there would be no accidental shootings and, thus, no need for this bill. If the teachers are armed, would they be the "good guy with a gun" and not the "bad guy with a gun?" Is Ohio serious?

[billh58]

4. Oh great!

Mr. Peepers gets to pack heat, and oopsies don't count. What could possibly go wrong...?

[msongs]

5. no such thing as a gun accident. every discharge has a specific cause nt

[friendly_iconoclast]

12. For once, I mostly agree with you- Most 'accidents' are really negligence

[Ed Suspicious]

6. Any time liability is legislatively removed, I often tend to think that is a bad thing.

[valerief]

7. Wow! Are they trying to promote home-schooling or something? nt

[jsr]

8. Students better behave, or else there might be an accidental discharge

[louis-t]

9. YOU HAVE GOT TO BE KIDDING!

[petronius]

11. Here's the bill, I think, and the relevant passage:

http://www.legislature.state.oh.us/bills.cfm?ID=130_HB_8

Sec. 3313.94. A school district, member of a school district board of education, chartered nonpublic school, governing authority of a chartered nonpublic school, and an employee of a school district or chartered nonpublic school who is authorized to carry a concealed handgun in a school safety zone pursuant to a school safety plan adopted under section 3313.536 of the Revised Code are not liable in damages in a civil action for injury, death, or loss to person or property allegedly arising from the employee's possession or use of the handgun in the school safety zone in compliance with the school safety plan unless the injury, death, or loss resulted from the employee's reckless or wanton conduct.

Sec. 3314.43. A community school, community school governing authority, member of a community school governing authority, and community school employee who is authorized to carry a concealed handgun in a school safety zone pursuant to a school safety plan adopted under section 3313.536 of the Revised Code are not liable in damages in a civil action for injury, death, or loss to person or property allegedly arising from the employee's possession or use of the handgun in the school safety zone in compliance with the school safety plan unless the injury, death, or loss resulted from the employee's reckless or wanton conduct.

Sec. 3326.28. A STEM school, member of a STEM school governing body, and STEM school employee who is authorized to carry a concealed handgun in a school safety zone pursuant to a school safety plan adopted under section 3313.536 of the Revised Code are not liable in damages in a civil action for injury, death, or loss to person or property allegedly arising from the employee's possession or use of the handgun in the school safety zone in compliance with the school safety plan unless the injury, death, or loss resulted from the employee's reckless or wanton conduct.