Hamilton Township Removing Illegal "No Guns" Signs

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Published on Tuesday, 11 March 2008 08:05

Written by Mike Kinsey

I have been in contact with the trustees of Hamilton Township in Southwest Ohio and their legal counsel for the past few months and am pleased to report that they will be removing all improperly posted "No Guns" signs that have been at the entrance to township parks.

As we all know, Section 2923.126 (B)(9) of the Ohio Revised Code is very clear in stating that only publicly owned buildings prohibit self-defense for licensed individuals and entire public lands can not have this restriction. In addition, the preemption law that OFCC fought so hard to pass last year mandates that townships can not impose stricter regulations regarding firearms than what is outlined in state law.

An OFCC member that wishes to remain anonymous brought this to our attention and we are happy that the issue has been resolved. Hamilton Township officials were polite and attentive during the process.

If your local park (or any other public land) has "No Guns" signs improperly posted to apply to something other than a publicly owned building, feel free to use the following letter as a basis for your own contact to remove the illegal signs.

Dear Sir/Madam:

I am contacting you as a concerned citizen regarding improperly posted "No Guns" signs at Hamilton Township parks. I am sure that township trustees want to follow Ohio law as outlined below and will remove the illegal signs as soon as possible.

Section 2923.126 (B) of the Ohio Revised Code lists specific locations where law-abiding and licensed citizens are prohibited from carrying a handgun for self-defense. As you will notice in the link and quote below from Section 2923.126 (B)(9), licensed citizens are prohibited from carrying a handgun in publicly owned buildings. However, there is no provision in the law allowing local or state government to prohibit licensees on public land outside of a building.

Link: http://codes.ohio.gov/orc/2923.126

Direct Quote from Section 2923.126 (B)...(9):

"(B) A valid license issued under section 2923.125 or 2923.1213 of the Revised Code does not authorize the licensee to carry a concealed handgun in any manner prohibited under division (B) of section 2923.12 of the Revised Code or in any manner prohibited under section 2923.16 of the Revised Code. A valid license does not authorize the licensee to carry a concealed handgun into any of the following places:

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(9) Any building that is owned by this state or any political subdivision of this state, and all portions of any building that is not owned by any governmental entity listed in this division but that is leased by such a governmental entity listed in this division;"

Furthermore, Section 9.68 of the Ohio Revised Code prohibits townships from enacting more restrictive law regarding firearms than what state (or federal) law allows.

Link to Section 9.68: http://codes.ohio.gov/orc/gp9.68

Direct Quote from Section 9.68 (please note the last sentence):

"(A) The individual right to keep and bear arms, being a fundamental individual right that predates the United States Constitution and Ohio Constitution, and being a constitutionally protected right in every part of Ohio, the general assembly finds the need to provide uniform laws throughout the state regulating the ownership, possession, purchase, other acquisition, transport, storage, carrying, sale, or other transfer of firearms, their components, and their ammunition. Except as specifically provided by the United States Constitution, Ohio Constitution, state law, or federal law, a person, without further license, permission, restriction, delay, or process, may own, possess, purchase, sell, transfer, transport, store, or keep any firearm, part of a firearm, its components, and its ammunition."

One other relevant point that I will add is that Section 9.68 (B) of the Revised Code (same link as above) states that:

"(B) In addition to any other relief provided, the court shall award costs and reasonable attorney fees to any person, group, or entity that prevails in a challenge to an ordinance, rule, or regulation as being in conflict with this section."

I hope that this makes it clear that any sign, rule, or policy prohibiting licensed individuals from carrying a handgun for self-defense in a publicly owned place that is not a building is illegal under Ohio law.

Again, I thank you for speaking with me and look forward to hearing from you within a timely manner so that we can resolve this issue. If I can be of assistance to you or anyone else, please don't hesitate to contact me.

Thank you,

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