(OH) carry at county fair?


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Ukraine Train
August 9, 2004, 05:11 PM
Reading through the off-limits areas, I don't see anything about sports arenas or public gatherings. Is it legal to carry at a county fair in Ohio?


[§ 2923.12.6] § 2923.126. Expiration of license; carrying of license and identification; notice of change of residence; motor vehicle stops; prohibited places.

(B) A valid license issued under section 2923.125 [2923.12.5] or 2923.1213 [2923.12.13] 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:




(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, in violation of section 2923.122 [2923.12.2] of the Revised Code;




(3) A courthouse or another building or structure in which a courtroom is located, in violation of section 2923.123 [2923.12.3] of the Revised Code;




(4) Any room or open air arena in which liquor is being dispensed in premises for which a D permit has been issued under Chapter 4303. of the Revised Code, in violation of section 2923.121 [2923.12.1] 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 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;




(10) A place in which federal law prohibits the carrying of handguns.




(C) (1) Nothing in this section shall negate or restrict a rule, policy, or practice of a private employer that is not a private college, university, or other institution of higher education concerning or prohibiting the presence of firearms on the private employer's premises or property, including motor vehicles owned by the private employer. Nothing in this section shall require a private employer of that nature to adopt a rule, policy, or practice concerning or prohibiting the presence of firearms on the private employer's premises or property, including motor vehicles owned by the private employer.




(2) (a) A private employer shall be immune from liability in a civil action for any injury, death, or loss to person or property that allegedly was caused by or related to a licensee bringing a handgun onto the premises or property of the private employer, including motor vehicles owned by the private employer, unless the private employer acted with malicious purpose. A private employer is immune from liability in a civil action for any injury, death, or loss to person or property that allegedly was caused by or related to the private employer's decision to permit a licensee to bring, or prohibit a licensee from bringing, a handgun onto the premises or property of the private employer. As used in this division, "private employer" includes a private college, university, or other institution of higher education.




(b) A political subdivision shall be immune from liability in a civil action, to the extent and in the manner provided in Chapter 2744. of the Revised Code, for any injury, death, or loss to person or property that allegedly was caused by or related to a licensee bringing a handgun onto any premises or property owned, leased, or otherwise under the control of the political subdivision. As used in this division, "political subdivision" has the same meaning as in section 2744.01 of the Revised Code.




(3) 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. 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.




(D) A person who holds a license to carry a concealed handgun that was issued pursuant to the law of another state that is recognized by the attorney general pursuant to a reciprocity agreement entered into pursuant to section 109.69 of the Revised Code has the same right to carry a concealed handgun in this state as a person who was issued a license to carry a concealed handgun under section 2923.125 [2923.12.5] of the Revised Code and is subject to the same restrictions that apply to a person who carries a license issued under that section.




A peace officer has the same right to carry a concealed handgun in this state as a person who was issued a license to carry a concealed handgun under section 2923.125 [2923.12.5] of the Revised Code. For purposes of reciprocity with other states, a peace officer shall be considered to be a licensee in this state.

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George S.
August 9, 2004, 09:45 PM
In reading B9, it appears that you cannot carry on publicly-owned (state, county or city) property so if the fair is held on county property, it may not be legal.

In C3, it sounds like private propery owners can prohibit carry, so if the county fair is on private property and the owners post a sign, it may not be legal.

As far as sports stadiums, if they serve beer, it may not be legal to carry under what B4 seems to say.

You should probably check with an attorney to find out the "legal interpretation" of areas that you may not carry.

sendec
August 9, 2004, 10:18 PM
No, given that the buildings are typically owned by the county fair board, a political subdivision, and often has facilities owned or controlled by state ag and extension agencies. While technically it may be legal on the fair grounds, if no liquor is being served, "building" has not been well defined. Certainly a grange hall would be and so would a barn, an open pole barn, probably, grandstand, I dunno.....a booth, I give up.

I would offer that in my day as a rights-crushing JBT out to ruin everyone's Good Times, I spent a lot of time working the fair. Every low-life troll would crawl out from under their respective bridges and go to the fair to engage in the old country ways of fightin', stealin' and copulatin' with the 14 year olds. I could get more warrants served during one week at the fair than 1 month outside. Worse, being a storm trooper I would'nt even let them finish their elephant ears before dragging them off of a minor and clapping them in irons.

The point I am trying to make is that the fair is typically a lot less fun for LEOs than for "civilians". Given the amount of things that occur that the fair board does'nt want you to know about, I would'nt treat it like a Barnes and Noble or Starbucks'- the Shurfs are not likely to engage in calm and thoughtful discussions about your interpretation of the ORC. I would'nt go armed, but then I would'nt go anyway. Everything you've heard about carnies is TRUE:evil:

NoHarmNoFAL
August 9, 2004, 11:46 PM
Big sign at the State Fair, no go bangs, no knives, no bats, no chains and no any other weapons. No JOKE this was the sign. :rolleyes:

Weimadog
August 11, 2004, 01:16 AM
Just some advice: Avoid stupid places, avoid stupid situations, avoid stupid people.

Just stay away from any county fair.;)

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