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Thread: Carrying on rental residental properties.

  1. #1
    Regular Member RCall's Avatar
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    Carrying on rental residental properties.

    Before I ask for your opinions I would like to quote the ORC:

    2923.126
    (3)(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.

    (c) As used in division (C)(3) of this section:

    (i) “Residential premises” has the same meaning as in section 5321.01 of the Revised Code, except “residential premises” does not include a dwelling unit that is owned or operated by a college or university.

    (ii) “Landlord,” “tenant,” and “rental agreement” have the same meanings as in section 5321.01 of the Revised Code.

    With that said I also would like to say this is strictly a hypothetical situation and I'm just looking for some opinions on how you would handle a situation as such:

    Lets say you are visiting a friend or family member residing on rented residential property and either a neighbor or an agent of the landlord notices you are carrying a handgun and one way or another you are asked to leave, even while the resident you are visiting is present. Do you leave without saying anything in fear of being arrested for trespassing to handle it in a courtroom or other means of civil meditation? Or, do you stay and argue the fact that you know you are legally able to be on the property and risk being arrested for trespassing and having the cops tell you your argument is a civil matter?

    Here is a second scenario, Lets say you are involved in the same activity as scenario # 1 But you may/may not know ahead of time that the landlord has attempted to prohibit the legal carrying of handguns by either a statement in the lease or maybe there might be signs posted that you may or may not have seen ahead of time. Do you bring it to the landlords attention ahead of time to make them aware that they are not legally able to prohibit such an act? Or do you just ignore it and see if an issue arises?

    Occasionally I do notice apartment communities with gun buster signs posted at the entrance but I have never needed to pass one on my way into any I visit.

    Im interested in hearing some opinions on how you would handle this type of situation and why you would handle it in that manner. If anybody knows of any Ohio case law pertaining to such a situation also that would also be great.

  2. #2
    Regular Member MyWifeSaidYes's Avatar
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    The law, which you quoted, seems quite clear.

    If you are a tenant, or a guest of a tenant, the landlord has no direct authority to remove you for carrying, assuming the lease was signed after the appropriate date, and CHL holders are involved.

    If you are open carrying without a CHL, or if you are not a tenant or guest of a tenant, you can be asked to leave legally.
    ------------------------------------------------------------
    What does a caring, sensitive person feel when they are forced to use a handgun to stop a threat?

    Recoil.

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    What is the date mentioned? Just for future reference..

  4. #4
    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by Cutlass327 View Post
    What is the date mentioned? Just for future reference..
    (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 September 9, 2008, 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.
    (c) As used in division (C)(3) of this section:
    (i) "Residential premises" has the same meaning as in section 5321.01 of the Revised Code, except "residential premises" does not include a dwelling unit that is owned or operated by a college or university.
    (ii) "Landlord," "tenant," and "rental agreement" have the same meanings as in section 5321.01 of the Revised Code.

    http://www.legislature.state.oh.us/b...?ID=129_HB_425
    Last edited by Grapeshot; 07-25-2012 at 01:46 AM. Reason: fixed strike though
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    Quote Originally Posted by MyWifeSaidYes View Post
    If you are open carrying without a CHL, or if you are not a tenant or guest of a tenant, you can be asked to leave legally.
    Where do you get that open carriers could be asked to leave?

  6. #6
    Regular Member RCall's Avatar
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    Quote Originally Posted by bhclark View Post
    Where do you get that open carriers could be asked to leave?
    I believe he is referring to the following:

    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.

    The way I interpret that line at this time, and I believe MWSY also interprets it, as it only provides an exemption if you are a c/c licensee.

  7. #7
    Regular Member MyWifeSaidYes's Avatar
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    Quote Originally Posted by RCall View Post
    ...The way I interpret that line at this time, and I believe MWSY also interprets it, as it only provides an exemption if you are a c/c licensee.
    Yep. What he said.
    ------------------------------------------------------------
    What does a caring, sensitive person feel when they are forced to use a handgun to stop a threat?

    Recoil.

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