No gun sign posting in Ohio
This is a discussion on No gun sign posting in Ohio within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I went to a pet shop (not a chain, locally owned) to buy some crawfish for a mantis shrimp. I was carrying. They have no ...
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March 25th, 2010 12:24 PM
#1
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No gun sign posting in Ohio
I went to a pet shop (not a chain, locally owned) to buy some crawfish for a mantis shrimp. I was carrying. They have no sign posted anywhere at the entrance of the shop. They didn't have what I was looking for but I saw something interesting...
On one of the far sides of the shop is a bulletin board where people can post lost/found flyers or for sale flyers and different community events. This board is out of the way and only visible from the inside of the shop. I happened to glance at it on my way out and tacked onto the bottom right hand corner of the board was a "no firearm" sign. Is this sign still legally binding? My brother (who was with me at the time) suggested that maybe they don't enforce it but they posted it back there to make antis feel better? Unfortunately, this shop is the only one in the immediate area that sells crawfish and Peelz (the mantis shrimp) really loves his crawfish lol so I will have to suck it up and go in unarmed. But I guess I just don't understand how a sign INSIDE of a business is effective if they want to keep the guns out.
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March 25th, 2010 12:24 PM
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March 25th, 2010 12:36 PM
#2
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No, the sign needs to be posted at or near the entrance.
"Just blame Sixto"
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March 25th, 2010 12:47 PM
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March 25th, 2010 02:20 PM
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i was in a simliar situiation i live in ohio but i was at a local owned pizza (they do not serve alcohol) place where the sign was not posted at teh enterance but on a bulltien at teh back of the store near the restrooms but i wondered why is the sign posted back there and i thought to myslef if i keep it coneceal well no one will know and i was wondering if i did get cuaght could i get in trouble.
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March 26th, 2010 01:13 PM
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You and the family could take up "crawfishing" in the creeks and quit giving your money to these yahoos if you wanted!
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March 28th, 2010 08:33 AM
#6
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Originally Posted by
SIXTO
No, the sign needs to be posted at or near the entrance.
Sixto,
I'm going to politely disagree with you. There is nothing in the ORC that states it needs to be near the entrance.
ORC 2923.126
(3) (a) 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. 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.
It merely states it needs to be in a conspicuous location. I do not believe there has been a test case to determine how the judicial system defines a conspicuous place. However, there is also the portion of "knowingly" violation of this statute. If you honestly did not see it, can you knowingly violate it? Something to be someday determined by the courts I presume. But that's another discussion.
Enk,
I don't think any of those signs regardless of placement is effective to keep guns out, except by the law abiding. That is the problem with them, they are merely a way to make the anti's happy. But I'll step off my soapbox now.
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March 28th, 2010 08:49 AM
#7
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I know I wouldn't see such a sign.
In the first place I don't go into a store to read the bulletin board. Also, I'm not sure how conspicuous a small "no gun" sign at the bottom of such a board located on the far side of the store would be.
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March 28th, 2010 09:28 AM
#8
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Since ORC says the sign must be posted in a conspicuous place, then no, for someone who is not aware of it, it is not binding.
However, since you now know it is posted, you would be in violation of the law and could face criminal trespassing charges charges.
(3) (a) 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.
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.
Talk to the owner and see if they will remove the sign.
Freedom doesn't come free. It is bought and paid for by the lives and blood of our men and women in uniform.
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March 28th, 2010 09:52 AM
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"That I cannot do."
"Give this to, uh, Clemenza. I want reliable people, people who aren't going to be carried away. After all we're not murderers in spite of what this undertaker thinks."
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March 28th, 2010 11:27 AM
#10
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Originally Posted by
archer51
However, since you now know it is posted, you would be in violation of the law and could face criminal trespassing charges charges.
As said in my original post, I will suck it up and disarm. Why would I talk to the owner? So he can post it in the entrance instead and inhibit other carriers who havent seen it from coming in? No, thanks.
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March 28th, 2010 01:27 PM
#11
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Originally Posted by
enk5
As said in my original post, I will suck it up and disarm. Why would I talk to the owner? So he can post it in the entrance instead and inhibit other carriers who havent seen it from coming in? No, thanks.
It's quite possible that someone talking rationally with the owner may convince them to remove the sign. Never hurts to attempt to educate the uninformed. No need to even mention to them the sign is not posted as it should be. Let them do their own research on that.
Freedom doesn't come free. It is bought and paid for by the lives and blood of our men and women in uniform.
USAF Retired
NRA Life Member
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March 28th, 2010 01:46 PM
#12
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Originally Posted by
enk5
As said in my original post, I will suck it up and disarm. Why would I talk to the owner? So he can post it in the entrance instead and inhibit other carriers who havent seen it from coming in? No, thanks.
I would politly talk to the onwer and give him one of these:
No Guns No Money Cards
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March 28th, 2010 04:22 PM
#13
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I belive the only charges you could face is if they see you carrying and ask you to leave and you do not you can be charged with criminal tresspass. If you are spotted and asked to leave just do so with no charges.
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March 28th, 2010 04:46 PM
#14
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Originally Posted by
enk5
I went to a pet shop (not a chain, locally owned) to buy some crawfish for a mantis shrimp. I was carrying. They have no sign posted anywhere at the entrance of the shop. They didn't have what I was looking for but I saw something interesting...
On one of the far sides of the shop is a bulletin board where people can post lost/found flyers or for sale flyers and different community events. This board is out of the way and only visible from the inside of the shop. I happened to glance at it on my way out and tacked onto the bottom right hand corner of the board was a "no firearm" sign. Is this sign still legally binding? My brother (who was with me at the time) suggested that maybe they don't enforce it but they posted it back there to make antis feel better? Unfortunately, this shop is the only one in the immediate area that sells crawfish and Peelz (the mantis shrimp) really loves his crawfish lol so I will have to suck it up and go in unarmed. But I guess I just don't understand how a sign INSIDE of a business is effective if they want to keep the guns out.
Could the sign maybe be referencing the bulletin board? Like no firearm sales flyers?
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March 29th, 2010 12:39 PM
#15
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Originally Posted by
elad
If you are spotted and asked to leave just do so with no charges.
BINGO!
You have a legal conceal carry license, right? Under the laws of Ohio you qualified to carry a firearm. If for some weird, odd reason you get 'made', simply leave the premises. Don't make a scene where the cops are called. They have better things to do then worry about a guy buying fish food; who has done the right thing and obtained his CC permit. Just leave. Why do some people make this such a complicated issue?
May we never forget those in uniform who protect us night and day in lands far away. And those in all wars who paid the supreme sacrifice in defense of our country. May God Bless our Troops and First Responders.
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