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Gabbard v. Madison Local School Dist. Bd. of Edn. (Slip Opinion)

OhioJune 23, 2021No. 2020-0612Cited 49 times
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Case Details

Judge(s)
O'Connor, C.J.
Status — whether other courts must follow this ruling
Published
Procedural Posture — the stage the case had reached
appeal to Ohio Supreme Court; Court of Appeals judgment affirmed

Related Laws

No specific laws identified for this ruling.

Outcome

Ohio Supreme Court affirmed the Court of Appeals' judgment upholding R.C. 109.78(D), which prohibits school employees from carrying deadly weapons or dangerous ordnance on school grounds unless they have completed approved peace-officer training or have 20 years of peace officer experience.

Excerpt

Local boards of education—School employees—R.C. 109.78(D)—R.C. 2923.122(D)(1)(a)—Authorization to carry a deadly weapon or dangerous ordnance on school grounds—R.C. 109.78(D) prohibits a school from employing a person who goes armed while on duty in his or her job unless the employee has satisfactorily completed an approved basic peace-officer-training program or has 20 years of experience as a peace officer—Court of appeals' judgment affirmed.

What This Ruling Means

**School Employee Loses Fight to Carry Weapon at Work** An Ohio school employee challenged state law that prevented him from carrying a weapon while working on school grounds. The employee, Gabbard, worked for Madison Local School District and wanted to carry a deadly weapon during his duties. However, Ohio law requires school employees to complete approved peace officer training or have 20 years of law enforcement experience before they can carry weapons at school. **The Court's Decision** The Ohio Supreme Court ruled against the employee and upheld the state law. The court affirmed that schools cannot employ someone who carries weapons on duty unless that person meets specific training requirements - either completing an approved basic peace officer training program or having two decades of experience as a peace officer. **What This Means for Workers** This ruling reinforces that school employees must follow strict state regulations about weapons in the workplace. Workers cannot simply decide to carry weapons at school based on personal preference or general permits. Instead, they must meet specific professional qualifications related to law enforcement training. This decision emphasizes that workplace safety rules, especially in schools, can override individual desires to carry weapons, and employees must comply with their employer's policies that follow state law.

This summary was generated to explain the ruling in plain English and is not legal advice.

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