Prohibited Places

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While D.C. vs Heller and McDonald vs. City of Chicago have guaranteed Americans the right to keep and bear arms, they have only granted that right for personal protection inside one's home. Therefore the United States Code and Ohio Revised Code both prohibit firearms from locations and extend that power to private entities as well.

Contents

United States Code Statutory Locations

To be added

Ohio Revised Code Statutory Locations

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2923.126(B) of the ORC lists places that carrying of a concealed handgun is illegal. These locations are referred to as Statuatory locations as the decision to post is not up to the person running the facility but forced posting under state law.

  1. A police station, sheriff’s office, or state highway patrol station, premises controlled by the bureau of criminal identification and investigation, a state correctional institution, jail, workhouse, or other detention facility, an airport passenger terminal, or an institution that is maintained, operated, managed, and governed pursuant to division (A) of section 5119.02 of the Revised Code or division (A)(1) of section 5123.03 of the Revised Code
  2. A school safety zone if the licensee’s carrying the concealed handgun is in violation of section 2923.122 of the Revised Code (See School Zone Carry for more information)
  3. A courthouse or another building or structure in which a courtroom is located, in violation of section 2923.123 of the Revised Code
  4. Any premises or open air arena for which a D permit has been issued under Chapter 4303. of the Revised Code if the licensee’s carrying the concealed handgun is in violation of section 2923.121 of the Revised Code
  5. Any premises owned or leased by any public or private college, university, or other institution of higher education, unless the handgun is in a locked motor vehicle or the licensee is in the immediate process of placing the handgun in a locked motor vehicle
  6. Any church, synagogue, mosque, or other place of worship, unless the church, synagogue, mosque, or other place of worship posts or permits otherwise
  7. A child day-care center, a type A family day-care home, a type B family day-care home, or a type C family day-care home, except that this division does not prohibit a licensee who resides in a type A family day-care home, a type B family day-care home, or a type C family day-care home from carrying a concealed handgun at any time in any part of the home that is not dedicated or used for day-care purposes, or from carrying a concealed handgun in a part of the home that is dedicated or used for day-care purposes at any time during which no children, other than children of that licensee, are in the home
  8. An aircraft that is in, or intended for operation in, foreign air transportation, interstate air transportation, intrastate air transportation, or the transportation of mail by aircraft
  9. Any building that is a government facility of this state or a political subdivision of this state and that is not a building that is used primarily as a shelter, restroom, parking facility for motor vehicles, or rest facility and is not a courthouse or other building or structure in which a courtroom is located that is subject to division (B)(3) of this section
  10. A place in which federal law prohibits the carrying of handguns
  11. Detention facilities or institutions as listed in 2921.36


All of the above locations apply to the building themselves with a few exceptions. The following also include the parking lot or parking facility of the listed location.

  1. Premises controlled by the bureau of criminal identification and investigation
  2. A school safety zone if the licensee’s carrying the concealed handgun is in violation of section 2923.122 of the Revised Code. Section (D)(3) of 2923.122 gives an exception if one is in the immediate process of picking up or dropping their child off at school and they do not exit the vehicle.
  3. Any premises owned or leased by any public or private college, university, or other institution of higher education, unless the handgun is in a locked motor vehicle or the licensee is in the immediate process of placing the handgun in a locked motor vehicle.
  4. Detention facilities or institutions as listed in 2921.36

Private Buildings

The state of Ohio has extended the right for private entities to post their buildings as no carry zones. These may also be referred to as criminal protection zones since they protect the criminal from a law abiding citizen taking actions to stop the crime from occurring.

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There are many variations of the above images as in Ohio there is no statuatory standard sign for private premises. 2923.126(C)(3) of the ORC states except as provided in division (C)(3)(b) of this section, the owner or person in control of private land or premises, and a private person or entity leasing land or premises owned by the state, the United States, or a political subdivision of the state or the United States, may post a sign in a conspicuous location on that land or on those premises prohibiting persons from carrying firearms or concealed firearms on or onto that land or those premises. Except as otherwise provided in this division, a person who knowingly violates a posted prohibition of that nature is guilty of criminal trespass in violation of division (A)(4) of section 2911.21 of the Revised Code and is guilty of a misdemeanor of the fourth degree.

There are two key parts to take out of the above code. The first part is the sign must be in a conspicuous location. It is taken that conspicuous would be a sign that the average person would be forced to see upon entering a location. If the signage is hidden behind other items, on a door that opens and closes, or on a clear material that makes it hard to see, then it may not be conspicuous enough.

The second key part is that you must knowingly violate the sign. The store and subsequently the police and prosecutor must be able to prove they knew you were not allowed to carry in the posted business. Although not required by the ORC, being verbally informed by a subject with authority for the posted premises is best. At this point, one is then informed of the location's feelings on firearms and must leave. Failure to comply is possibly grounds for criminal trespass. One may ask if they can disarm and return to the store if they choose to do so. If there is no signage, and a subject with authority tells one that firearms are not allowed, one must still leave and/or disarm at that point.

Ohioans for Concealed Carry has created a letter entitled What Every Business Owner Needs to Know. Businesses that prohibit firearms may also be entered in the Do Not Patronize While Armed database.

Private Parking Lots

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2923.126(C)(3) of the ORC also states If a person knowingly violates a posted prohibition of that nature and the posted land or premises primarily was a parking lot or other parking facility, the person is not guilty of criminal trespass in violation of division (A)(4) of section 2911.21 of the Revised Code and instead is subject only to a civil cause of action for trespass based on the violation.

This gives a private entity the right to post their parking lot or parking facility. This violation is not criminal in nature. The private entity would need to sue a subject in civil court and be able to prove that the violation caused a loss to their entity. To date there have been no cases of a business suing an individual over this matter.

The questionable part is when a parking lot is posted does it also apply to all facilities at the location. A good example of this many times are outlet malls. As above, the ORC states may post a sign in a conspicuous location on that land or on those premises prohibiting persons from carrying firearms or concealed firearms on or onto that land or those premises. Therefore if one elects to violate the civil tresspass nature of the law and carry the firearm into an unposted business entrance, there may be cause to criminal trespass as the land was posted to apply to all premises inside the signs territory.

As noted above in the Statuatory Ohio Revised Code section, there are some parking lots that are criminal in nature.

Employment

There is nothing in the ORC with regards to firearms and employee/employer rights. The above sections with regards to buildings and parking lots still apply for criminal and civil courses of action. There is one additional step that an employer may take in regards to firearms. Ohio is an Employed At Will State. This means either party can break off the employment assuming the cause if not contractual, against a protected class, or against the family and medical leave act.

An employer may post their location so that it applies to employees only by posting in the break room, an employee only entrance or parking lot, or simply in the employee handbook. A violation of any of those may be a course for termination with no recourse under current state or federal law. There have been multiple cases of employee termination for firearms reported in the Ohioans for Concealed Carry forum.

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