OPOTA Final Exam (SPOs) Study Guide
Questions And Answers Verified 100% Correct
Deadly weapon - ANSWER -Any instrument, device, or thing capable of inflicting
death, and designed or specially adapted for use as a weapon, or possessed, carried
or used as a weapon
Would the following be considered a deadly weapon: a hunting knife used in the
commission of a rape. - ANSWER -YES, because it is a device, designed to cut
and capable of inflicting death, possessed, and carried as a weapon.
Would the following be considered a deadly weapon: a pistol used in the
commission of a robbery - ANSWER -YES, because it is a device, designed to fire
a projectile and capable of inflicting death, possessed and carried as a weapon.
Would the following be considered a deadly weapon: a rubber dagger carried or
possessed to create the illusion of a weapon - ANSWER -NO, because it is
inherently incapable of inflicting death. (State v. Taulbee (1979))
Would the following be considered a deadly weapon: a loaded, but inoperable, 9
mm handgun tucked into a waistband and not otherwise brandished or used as a
weapon - ANSWER -NO -- It lost the sole function for which it was designed -- it's
inoperable. It was not designed to be used as a bludgeon. So, it is no longer a
deadly weapon, UNLESS there is some evidence it was used as a bludgeon or
otherwise used, possessed or carried as a weapon.
Would the following be considered a deadly weapon: an unloaded gun brandished
during a robbery or an assault - ANSWER -YES - As a matter of law, whether
loaded or unloaded. (State v. Meek (1978))
IS A "B-B"/AIRSOFT GUN A DEADLY WEAPON? - ANSWER -A "B-B" gun
may be a deadly weapon if capable of inflicting death, as a bludgeon, or perhaps as
,used in some other manner. This capability, however, is a factual issue to be
determined by the trier of fact (i.e., judge or jury)
Can an everyday item constitute a 'deadly weapon?' - ANSWER -Yes, it depends
on the circumstances.
Firearm definition - ANSWER -•Any deadly weapon capable of expelling or
propelling one or more projectiles by the action of an explosive or combustible
propellant
•Includes an unloaded firearm and any firearm that is inoperable but can be readily
rendered operable
•Before a defendant can be convicted of a firearm offense, evidence must be
presented regarding the operability of the firearm at the time the offense was
committed
Can a gun be considered a deadly weapon and NOT a firearm? - ANSWER -Yes.
Example:A pistol that is broken in a way where a bullet cannot chamber, but is
brandished as a weapon or used as a bludgeon, may constitute a "deadly weapon,"
but not a "firearm" because it is inoperable and cannot readily be rendered
operable.
Handgun - ANSWER -Any firearm that has a short stock and is designed to be
held and fired by the use of a single hand, OR any combination of parts from
which a handgun can be assembled
Semi-automatic firearm - ANSWER -Any firearm designed or specially adapted to
fire a single cartridge and automatically chamber a succeeding cartridge ready to
fire, with a single function of the trigger
Sawed-off firearm - ANSWER -A shotgun with a barrel less than 18 inches long,
OR a rifle with a barrel less than 16 inches long, OR a shotgun or rifle less than 26
inches long overall
Zip gun - ANSWER -•Any firearm of crude and extemporized manufacture
,•Any device (e.g., starter's pistol) that is not designed as a firearm, but that is
specifically adapted for use as a firearm
•Any industrial tool, signaling device, or safety device that is not designed as a
firearm, but that as designed is capable of use as such, when possessed, carried, or
used as a firearm
Explosive device - ANSWER -•Any device designed or specially adapted to cause
physical harm to persons or property by means of an explosion, and consisting of
an explosive substance or agency and a means to detonate it. Includes without
limitation any:
•Bomb
•Explosive demolition device
•Blasting cap or detonator containing an explosive charge
•Pressure vessel knowingly tampered with or arranged so as to explode
Incendiary device - ANSWER -•Any firebomb, and any device designed or
specially adapted to cause physical harm to persons or property by means of fire,
andconsisting of an incendiary substance or agent and a means to ignite it.
Dangerous ordnance - ANSWER -1.Any automatic or sawed-off firearm, zip-gun,
or ballistic knife
a)A ballistic knife is a knife with a detachable blade that is propelled by a spring-
operated mechanism.
2.Any explosive device or incendiary device
3.Nitroglycerin, nitrocellulose, nitrostarch, PETN, cyclonite, TNT, picric acid, and
other high explosives; amatol, tritonal, tetrytol, pentolite, pecretol, cyclotol, and
other high explosive compositions; plastic explosives; dynamite, blasting gelatin,
gelatin dynamite, sensitized ammonium nitrate, liquid-oxygen blasting explosives,
blasting powder, and other blasting agents; and any other explosive substance
having sufficient brisance or power to be particularly suitable for use as a military
explosive, or for use in mining, quarrying, excavating, or demolitions
4.Any firearm, rocket launcher, mortar, artillery piece, grenade, mine, bomb,
torpedo, or similar weapon, designed and manufactured for military purposes, and
the ammunition for that weapon
5.Any firearm muffler or suppressor
, 6.Any combination of parts that is intended by the owner for use in converting any
firearm or other device into a dangerous ordnance
7.Does not include items in R.C. 2923.11(L) (e.g., antique cannons and artillery
pieces, firearm with percussion cap or one to be used with black powder)
2923.12 Carrying concealed weapons (CCW) - ANSWER -1.Statutory Elements
a)Division (A)
1)Knowingly
2)Carry or have, concealed
3)On the person's person or concealed ready at hand
a.A deadly weapon other than a handgun OR
b.A handgun other than a dangerous ordnance OR
c.A dangerous ordnance
a)Division (B)
1)No person having been issued a concealed handgun license shall
2)If stopped for a law enforcement purpose and carrying a concealed handgun
a.Fail to promptly inform any law enforcement officer who approaches the person
after the person has been stopped that the person has been issued a concealed
handgun license and that the person is then carrying a concealed handgun OR
b.Knowingly fail to keep the person's hands in plain sight at any time after any law
enforcement officer begins approaching the person while stopped and before the
law enforcement officer leaves, unless the failure is pursuant to and in accordance
with directions given by a law enforcement officer
OR
3)If stopped for a law enforcement purpose and carrying a concealed handgun, and
if approached by any law enforcement officer while stopped
a.Knowingly remove or attempt to remove the loaded handgun from the place in
which the person is carrying it OR
b.Knowingly grasp or hold the loaded handgun OR
c.Knowingly have contact with the loaded handgun by touching it with the person's
hands or fingers UNLESS the person removes, attempts to remove, grasps, holds,
or has contact with the loaded handgun pursuant to and in accordance with
directions given by the law enforcement officer
OR
4)If stopped for a law enforcement purpose and carrying a concealed handgun
Questions And Answers Verified 100% Correct
Deadly weapon - ANSWER -Any instrument, device, or thing capable of inflicting
death, and designed or specially adapted for use as a weapon, or possessed, carried
or used as a weapon
Would the following be considered a deadly weapon: a hunting knife used in the
commission of a rape. - ANSWER -YES, because it is a device, designed to cut
and capable of inflicting death, possessed, and carried as a weapon.
Would the following be considered a deadly weapon: a pistol used in the
commission of a robbery - ANSWER -YES, because it is a device, designed to fire
a projectile and capable of inflicting death, possessed and carried as a weapon.
Would the following be considered a deadly weapon: a rubber dagger carried or
possessed to create the illusion of a weapon - ANSWER -NO, because it is
inherently incapable of inflicting death. (State v. Taulbee (1979))
Would the following be considered a deadly weapon: a loaded, but inoperable, 9
mm handgun tucked into a waistband and not otherwise brandished or used as a
weapon - ANSWER -NO -- It lost the sole function for which it was designed -- it's
inoperable. It was not designed to be used as a bludgeon. So, it is no longer a
deadly weapon, UNLESS there is some evidence it was used as a bludgeon or
otherwise used, possessed or carried as a weapon.
Would the following be considered a deadly weapon: an unloaded gun brandished
during a robbery or an assault - ANSWER -YES - As a matter of law, whether
loaded or unloaded. (State v. Meek (1978))
IS A "B-B"/AIRSOFT GUN A DEADLY WEAPON? - ANSWER -A "B-B" gun
may be a deadly weapon if capable of inflicting death, as a bludgeon, or perhaps as
,used in some other manner. This capability, however, is a factual issue to be
determined by the trier of fact (i.e., judge or jury)
Can an everyday item constitute a 'deadly weapon?' - ANSWER -Yes, it depends
on the circumstances.
Firearm definition - ANSWER -•Any deadly weapon capable of expelling or
propelling one or more projectiles by the action of an explosive or combustible
propellant
•Includes an unloaded firearm and any firearm that is inoperable but can be readily
rendered operable
•Before a defendant can be convicted of a firearm offense, evidence must be
presented regarding the operability of the firearm at the time the offense was
committed
Can a gun be considered a deadly weapon and NOT a firearm? - ANSWER -Yes.
Example:A pistol that is broken in a way where a bullet cannot chamber, but is
brandished as a weapon or used as a bludgeon, may constitute a "deadly weapon,"
but not a "firearm" because it is inoperable and cannot readily be rendered
operable.
Handgun - ANSWER -Any firearm that has a short stock and is designed to be
held and fired by the use of a single hand, OR any combination of parts from
which a handgun can be assembled
Semi-automatic firearm - ANSWER -Any firearm designed or specially adapted to
fire a single cartridge and automatically chamber a succeeding cartridge ready to
fire, with a single function of the trigger
Sawed-off firearm - ANSWER -A shotgun with a barrel less than 18 inches long,
OR a rifle with a barrel less than 16 inches long, OR a shotgun or rifle less than 26
inches long overall
Zip gun - ANSWER -•Any firearm of crude and extemporized manufacture
,•Any device (e.g., starter's pistol) that is not designed as a firearm, but that is
specifically adapted for use as a firearm
•Any industrial tool, signaling device, or safety device that is not designed as a
firearm, but that as designed is capable of use as such, when possessed, carried, or
used as a firearm
Explosive device - ANSWER -•Any device designed or specially adapted to cause
physical harm to persons or property by means of an explosion, and consisting of
an explosive substance or agency and a means to detonate it. Includes without
limitation any:
•Bomb
•Explosive demolition device
•Blasting cap or detonator containing an explosive charge
•Pressure vessel knowingly tampered with or arranged so as to explode
Incendiary device - ANSWER -•Any firebomb, and any device designed or
specially adapted to cause physical harm to persons or property by means of fire,
andconsisting of an incendiary substance or agent and a means to ignite it.
Dangerous ordnance - ANSWER -1.Any automatic or sawed-off firearm, zip-gun,
or ballistic knife
a)A ballistic knife is a knife with a detachable blade that is propelled by a spring-
operated mechanism.
2.Any explosive device or incendiary device
3.Nitroglycerin, nitrocellulose, nitrostarch, PETN, cyclonite, TNT, picric acid, and
other high explosives; amatol, tritonal, tetrytol, pentolite, pecretol, cyclotol, and
other high explosive compositions; plastic explosives; dynamite, blasting gelatin,
gelatin dynamite, sensitized ammonium nitrate, liquid-oxygen blasting explosives,
blasting powder, and other blasting agents; and any other explosive substance
having sufficient brisance or power to be particularly suitable for use as a military
explosive, or for use in mining, quarrying, excavating, or demolitions
4.Any firearm, rocket launcher, mortar, artillery piece, grenade, mine, bomb,
torpedo, or similar weapon, designed and manufactured for military purposes, and
the ammunition for that weapon
5.Any firearm muffler or suppressor
, 6.Any combination of parts that is intended by the owner for use in converting any
firearm or other device into a dangerous ordnance
7.Does not include items in R.C. 2923.11(L) (e.g., antique cannons and artillery
pieces, firearm with percussion cap or one to be used with black powder)
2923.12 Carrying concealed weapons (CCW) - ANSWER -1.Statutory Elements
a)Division (A)
1)Knowingly
2)Carry or have, concealed
3)On the person's person or concealed ready at hand
a.A deadly weapon other than a handgun OR
b.A handgun other than a dangerous ordnance OR
c.A dangerous ordnance
a)Division (B)
1)No person having been issued a concealed handgun license shall
2)If stopped for a law enforcement purpose and carrying a concealed handgun
a.Fail to promptly inform any law enforcement officer who approaches the person
after the person has been stopped that the person has been issued a concealed
handgun license and that the person is then carrying a concealed handgun OR
b.Knowingly fail to keep the person's hands in plain sight at any time after any law
enforcement officer begins approaching the person while stopped and before the
law enforcement officer leaves, unless the failure is pursuant to and in accordance
with directions given by a law enforcement officer
OR
3)If stopped for a law enforcement purpose and carrying a concealed handgun, and
if approached by any law enforcement officer while stopped
a.Knowingly remove or attempt to remove the loaded handgun from the place in
which the person is carrying it OR
b.Knowingly grasp or hold the loaded handgun OR
c.Knowingly have contact with the loaded handgun by touching it with the person's
hands or fingers UNLESS the person removes, attempts to remove, grasps, holds,
or has contact with the loaded handgun pursuant to and in accordance with
directions given by the law enforcement officer
OR
4)If stopped for a law enforcement purpose and carrying a concealed handgun
