Traveling to Ohio, need some information please.

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creitzel

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So the wife and I are going to hop on the bike tomorrow, and head down to the Sandusky area for the Ohio bike week festival. We've got our Michigan CPLs and would like to carry for the trip.

Is there anything special about Ohio's laws that I need to know? I hear that you guys got rid of the "in plain sight" provision from car carry, so I assume this means I don't have to open carry on my bike. What about restrictions on entertainment venues? Will it be ok to carry at this bike festival? How friendly are the local merchants to gun owners? Oh, and I read something about not being able to carry where vendors have a class D license to sell alcohol, what's this all about? Does it affect my plans?

I guess what I'm trying to figure out is should we just leave the guns at home? We really don't want to get into a situation where we have to take the guns off, and the only place we have to store them is in the saddle bags.

Thanks in advance for any information you guys can provide :)
 
Welcome to Ohio gun laws! :)

Typical Disclaimer: IANAL.

You are correct that as of the middle of March, you do not have to carry your concealed handgun "in plain sight" on your motorcycle anymore. I don't recall Michigan's law, but you do have to immediately notify any LEO that you're carrying during an "official stop" whether on the bike or not.

The main difference between Ohio and Michigan law (as you pointed out) is that any portion of a building or an open air arena that has a Class D liquor license and is serving liquor for consumption is automatically off-limits for CCW. So, if your bike rally is serving liquor and they have a Class D license, you can't be in that area. I've found this usually isn't a problem as most festivals and such have a roped off area where people are drinking. Just stay out of that area. Also, almost all outdoor festivals have a temporary Class F license and not a Class D. Of course, there's no way to know this unless you go up and ask an event coordinator... and they probably won't know either. While that is the letter of the law, I have a feeling most LEO think of it as "alcohol = no guns." Also, most festivals usually only serve beer and not liquor. This is a sticky topic of discussion for Ohioans that we continually argue over. You'll see below that the law specifically says "liquor". However, "liquor" in Ohio code does not cover beer. Again, I have a feeling most LEO will follow the spirit of the law and not pull out the precise legal definition of liquor. YMMV.

Private businesses can prohibit concealed carry if they choose to. Depends on the area for how many "No Guns" signs you see. The owner is allowed to notify you in any way, there are no regulations. Most common is a sign on the door, but it can be scrawled in crayon in some back corner and as soon as you see it, you're breaking the law. That's because Ohio law is written as you are guilty if you "knowingly" enter a prohibited place. I don't break the law, but I don't go out of my way to look for half inch signs on some bulletin board. I walk towards a place and glance around the door without breaking stride. If I don't see a No Guns sign, I figure I'm good to go.

I've snipped a bit of Ohio Revised Code below. You can follow the link to read about all prohibited places.

Hope this helps.

Section 2923.126
(B) A valid license issued under section 2923.125 or 2923.1213 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:

...

(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 of the Revised Code;

...

(C)

...

(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.
 
Thanks very much for the information MeanStreaker. :)

We have the same requirements for notification here in Michigan as you do in Ohio, so that shouldn't be a problem.

I believe the festival is being held in and around Sandusky. I don't know if they will have a specific gathering place or not. (Here's a link to the event page ) So basically it sounds like as long as I don't enter any beer tents or areas (in addition to the normal no bars or restaurants serving etc), I should be ok?

Since private businesses have to post signage conspicously, It seems that I should be able to avoid the ones that don't want my business.

Thanks again
 
Since it looks like that is just downtown and not in an enclosed fairgrounds or anything, I personally (as a non-lawyer) think that makes it a lot easier on you.

Where does the festival begin/end? Probably hard to tell. :) What if you're not "attending" the festival, but just happen to be downtown looking for a store? Hard to tell. :)

Good luck.
 
A lot of the activities will be centered around places like The Broken Spoke Saloon and the live entertainment venue, both of which will be serving alcohol -- at least I think they serve in the area the bands play in. It's like a big block party, basically. There will be businesses you can enter with no worries, but are they places you want to be during an event like this? My wife and I will be there with friends and won't be carrying just because it would restrict us from doing the things we are going there to do. Obviously, the choice is yours.
 
You can't just slip your gun into your motorcycle jacket, though. If you're on the bike, the gun has to be in a holster if you're carrying it.
 
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