Question about new ohio resturant carry

This is a discussion on Question about new ohio resturant carry within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; From what I understand entering into a business with a no firearms sign while carrying was only considered trespassing. Now I see that entering into ...

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  1. #1
    Senior Member Array zeppelin03's Avatar
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    Question about new ohio resturant carry

    From what I understand entering into a business with a no firearms sign while carrying was only considered trespassing. Now I see that entering into an establishment with posted signage is considered a felony.

    What is the distinction? Is it felony for posted liquor establishment, and trespass for ordinary business? Or is it felonies all around?

    Just want to make sure in case i do not notice a sign or something.

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  3. #2
    Member Array gunsnroses's Avatar
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    Ohio revised code.

    Restriction is in 2923.126(C)(3) - Lawriter - ORC - 2923.126 Duties of licensed individual.

    (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.

    (b) A landlord may not prohibit or restrict a tenant who is a licensee and who on or after the effective date of this amendment enters into a rental agreement with the landlord for the use of residential premises, and the tenant’s guest while the tenant is present, from lawfully carrying or possessing a handgun on those residential premises.

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    Member Array rtroha's Avatar
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    I'm not sure where you got the idea that a "no guns" sign is a felony but that is incorrect. It is Criminal Trespassing, a 4th degree misdemeanor. Also, don't confuse private property "no guns" signs with the sign the state liquor agency hands out to licensed establishments. That sign only applies to non-licensed (no CHL) individuals.

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    Distinguished Member Array noway2's Avatar
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    I'm not sure where you got the idea that a "no guns" sign is a felony but that is incorrect
    Was that the NEW law that goes into effect 10/1 or the existing one? I ask because I recall reading the same thing that Zeppelin03 is asking about.

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    Quote Originally Posted by rtroha View Post
    I'm not sure where you got the idea that a "no guns" sign is a felony but that is incorrect. It is Criminal Trespassing, a 4th degree misdemeanor. Also, don't confuse private property "no guns" signs with the sign the state liquor agency hands out to licensed establishments. That sign only applies to non-licensed (no CHL) individuals.
    I think rtroha has it right. A bar owner may put up signage prohibiting firearms - same as it is now for other business owners. Violation is a misdemeanor at worst. However, under the new law (SB17), to carry into an establishment and consume even one alcoholic drink would be a felony.

    Disclaimer - not a lawyer...
    Honor is self-esteem made visible in action. - Ayn Rand

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    Senior Member Array zeppelin03's Avatar
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    I think I saw the felony thing in an article on here. I dont imagine going to many places that are posted anyhow. If it stays trespass then its all good.

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    Member Array OldMick's Avatar
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    Here is a copy of a letter that Ohioans For Concealed Carry distributed to law enforcement in Ohio. The comparison of old law vs. new is in a PDF format and linked at the bottom:

    "The purpose of this letter is to ask for your assistance in educating law enforcement officers
    and citizens concerning the substantive changes to Ohio’s firearms law set to take effect on Sep-
    tember 30, 2011. We hope that through the concerted efforts of your department and OFCC, we
    can reduce misunderstandings that sometimes occur in the first few months after a change in
    state law.

    Ohioans for Concealed Carry is an Ohio not-for-profit corporation organized in 1999 to advocate for the
    rights of responsible Ohio gun owners. OFCC’s first mission was to pass a concealed carry law in Ohio,
    which it accomplished in 2004. Since then, OFCC has reached out to concealed carry licensees with news
    and information intended to facilitate safety and compliance with the law.
    As you may know, Ohio Senate Bill 17 (SB17) was signed by Governor Kasich on June 30, and its provisions
    will become law on September 30. The new law specifies changes to the way a loaded handgun may
    be carried by a CHL holder in a motor vehicle, and allows CHL holders to carry in businesses with a Class
    D liquor license.

    We have created a flier (attached) that summarizes these changes. We hope that you will make this critical
    information available to as many of your law enforcement officers as possible.
    We know your agency is probably out in front of these pending changes. Still, issues occasionally arise
    throughout the state during major revisions in the law. We hope with this letter to put any possible confusion
    to rest.

    If you would like to discuss this further, please feel free to contact OFCC’s Chris Harben at 888-
    881-2559, ext. 6, or you can fax any concerns or comments to the same number. Additionally, we
    invite you and everyone in your agency to visit our web site Ohioans For Concealed Carry - The Premier Gun Rights Organization in Ohio Since 1999 for more information.

    Respectfully,

    Ohioans For Concealed Carry, Inc.

    Attachments: Flier (2 pages)"

    OFCC SB17 PDF Document

  9. #8
    Member Array rtroha's Avatar
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    The law went into effect today (9/30). Under the old law it was a felony to just walk in the door of a liquor serving establishment. Now it is a felony only if you consume alcohol.

    Either someone was disseminating bad information or you guys misinterpreted what was written. I'd have to see the posting to say which.

  10. #9
    Member Array gunsnroses's Avatar
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    As far as I understand the laws up there.....It is a 4th degree misdemeanor to knowingly violate a "no gun" sign posted on a private business. However, If it is a place specifically prohibited by statue (i.e. school, govt building, court house etc.) then it is a felony. (say bye-bye to your CHL!)

    Class D restaurants used to be prohibited by statue up until 12:00 am this morning.

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