question about CCW's and "no gun" signs

Couple of questions.

If a ccw holder walks into a business with the standard no guns sign, Has he committed a crime?

Second

In same scenario, ccw holder asks business to lock up said weapon in a lock box and business does lock weapon up, has a crime been committed?

if said business asks you to leave and you do not you can be arested for criminal tresspass. If it is a no carry zone defined by law (like a school zone) it is much more serious.

And don't ask them to lock up your weapon, just lock it up yourself in your vehicle. Businesses with signs are either ignorant of guns and/or anti gun so it would not be wise to draw the attention to yourself.

I am not the ccw holder..............I work for the business

There's your problem right there. Get your CCW and take down the "No Guns" sign immediately.

I really do not want to get to detailed over the nature of this question,but lets just say that I am in conflict with my employer with this subject.

Well I'm sorry to tell you this, but its "his house, his rules" You can ask and try to inform him about the signs. But when it comes down to the final word, Its his choice. Another thing is where does he have the signs posted?? Are they at the entrance to his parking lot? Or on the door when you enter the building??

Because if the only on the door then you have the right to leave your weapon locked in you vehicle. If there posted at the driveway into the place of business Then he has the right to say no weapons on the property at all.

Hope this helps.

This was my understanding of the law when I was an Ohio CHL owner before I moved out of state.

Actually, not quite correct.

Any owner of private property can ask you to leave, and if you don't, then you are trespassing and can be arrested. This can be for whatever reason they choose, and whether or not they have anti-gun signs makes no difference. This has always been the case. Furthermore, employers can choose to take disciplinary action action employees for carrying weapons anywhere, based on their own policies - no need for any legal case for them to fire you or impose penalties. Unfortunately, we don't have any legal protections at the moment to specifically prohibit employers from doing this for just having firearms in your personal vehicle, something that some other states have and has been discussed in this state before.


No-CCW signs posted at parking lots (or similar) no longer carry any legal standing. They need to post the "functional" areas to legally prevent carrying.


(From the ORC; my emphasis added.)



Knowingly carrying onto premises that are properly posted is a crime in and of itself (and does not require the owner to ask you to leave). This type of "prohibited place" violation is just a misdemeanor, however (you are guilty of criminal tresspass) - it's not like the specific places that are otherwise prohibited by law (IIRC, violating any of those is a felony).

FWIW.......My employer has the signs posted and is saying its ok to lock up firearms for patrons who want us to do that. We are doing it every now and then,but I was led to believe that with the signs posted correctly it was a crime to even enter the business with a weapon.

Thanks for the "Splitting of hairs". And as for the parking lot, Yes posting a sign at ALL entrances is still valid. AS PER THE O.R.C. There is a lop hole that occurs when there is a multi entrance such a shopping mall or what not. That a tenet of the building fights against.

My exp. is with a customer of mine they have ALL 3 entrance points posted, And is gated and fenced 100%. As per there contract with the D.O.D and the D.O.J. No weapons by cilvian are permitted on the grounds. This also falls into the Ohio CCW sign law.


As for the OP. if your employer has a surrender weapon program is place thats cool. But is he breaking the OHIO law? Not any that I can find. Many states have laws that say you can check your weapon with a police station, or a surrender station. Such as the case in NY. And NYC. As was the case with the lady from TN that was in the news back in Dec. She came to NYC to visit the world trade center memorial. And saw the NO GUN SIGN. Being from TN and custom to there laws, Asked where to check her CCW weapon. She was arrested and charged with carrying a CCW. And she is looking at a min. of 3 years in the NY State Pen.

FYI:

NY STATE AND NEW YORK CITY DOES NOT RECONIZE ANY OTHER STATES CCW PERMIT, WHAT SO EVER. AND DEOS NOT LIKE ANY OTHER LEO CARRING IN THERE STATE OR CITY FOR THAT MUCH. BUT THEY HAVE TO SWALLOW THE LEO THING UNDER THE FEDERAL LAW. BUT THEY DO NOT LIKE IT.

Thank you Mr. Bloomberg..............

Why would anyone hand over their weapon to have a business lock it up in a lock box? if some dip-shit accidentally fires your gun on the way to or from the lock box, guess what it is your gun and ammo that was fired. Who do you think they will try to hold most repsonsible, the dip-shit or the gun owner? What about somebody damaging the gun or if it gets lost or stolen?

If it is your weapon, you need to be in control of it at all times.

Per the ORC, one cannot prevent carrying in a parking lot by means of the criminal penalties created by no-guns signage. If the only posted signs are at the entrances to the lot, and nothing for any entrances to the other "functional" areas (whether they be buildings or open-air areas), then there are no criminal penalties associated with carrying there under Ohio law.

You can and always have been able to set your own rules about what happens on your property; infractions there are normally covered by civil means, unless the violator has been asked to leave and refuses to do so. Then they can be arrested for trepass. This is nothing new, and the no-guns signs don't figure into any of this at all.

lets squash this myth. you can not be hooked up for "criminal tresspass". if carrying in a "no guns allowed" area (with the exception of the prohibited places as per the AG) the max violation is an MM (same as a speeding ticket). That is all. Myth now busted. Dismissed.

Instead of busting fake myths, lets just go to the Ohio Revised Code and see what it says:

R.C. 2923.126(C) (emphais added):

(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.

Its still wrong. CT is a CSV (chickenshitviolation). Anyone ever heard of anyone ever being hit with this? Anyone? Ever? Speak up, I mean if you can from deep in your prison cell. Anyone else sick of following the rules? lets conform through anti-conformity.

Can you say what type of business? I just find that senerio extremely odd.

I guess I don't understand your point. The original question was whether it was a crime to violate a no guns sign at a private business. The answer is yes. Whether you want to follow the law or disregard it is for you to decide––but it doesn't change what the law is.

I don't know if anyone has ever been charged with criminal trespass for carrying in a posted private business. There are no reported appellate court cases on it. And I wouldn't expect there to be any since it's a ticket that gets resolved in municipal court 99.99% of the time. If I had to wager on it––I would bet there have been tickets issued for such violations in Ohio.

A possible "loop hole"? Under the castle law, a vehicle is considered your castle. so while you may be on their property... your still in your own property, which one takes precedence? I know that the law only applies if you're inside said vehicle. I just don't see how they (the business) can govern what is inside your personal vehicle.

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