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Walk in downtown Cincy

color of law

Accomplished Advocate
Joined
Oct 7, 2007
Messages
5,950
Location
Cincinnati, Ohio, USA
The plain meaning rule advises interpreters to follow the plain meaning of language unless the text suggests an absurd result. Many states have implicitly codified the plain meaning rule by referring to its absurd results exception.

ORC §1.42
Words and phrases shall be read in context and construed according to the rules of grammar and common usage. Words and phrases that have acquired a technical or particular meaning, whether by legislative definition or otherwise, shall be construed accordingly.

The state sign placed on a private business can only be understood as a "welcome" sign.

The Attorney General's handbook makes it clear. Private business better go seek legal advise before posting the state's sign on their private property. That is the warning shot across the bow.

The only consensus that has been reached is by the AG. Businesses and persons wishing to post such signs are strongly advised to consult their legal counsel for language, style, format, and placement.

I'm just saying......
 

eye95

Well-known member
Joined
Jan 6, 2010
Messages
13,524
Location
Fairborn, Ohio, USA
The local mall has no signs on the door. However, once inside, if you look for them, you can find the "rules." Among them is a "no weapons" policy. The typeface is not small, but it is smaller than you typically see on the standard signs. How enforceable is this? Not that I'd violate it. Just curious.


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Brian D.

Regular Member
Joined
Jul 27, 2007
Messages
937
Location
Cincy area, Ohio, USA
The local mall has no signs on the door. However, once inside, if you look for them, you can find the "rules." Among them is a "no weapons" policy. The typeface is not small, but it is smaller than you typically see on the standard signs. How enforceable is this? Not that I'd violate it. Just curious.


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This has happened a few times...normally the mall security will ask you to leave, and probably contact law enforcement. If you opt to leave, that's likely the end of it. If you stay around long enough to have further discussion with LE, chances are you'll get to take a ride in the back of a cruiser.

I know that's far from a direct answer, but it's all I've got to offer, based on experiences related by OC'ers around Ohio. Lots and lots of gray area relevant to "conspicuous'.
 

eye95

Well-known member
Joined
Jan 6, 2010
Messages
13,524
Location
Fairborn, Ohio, USA
Sounds pretty much like what I experienced in Montgomery at Eastdale Mall--except for the cruiser ride. Most of the PD came to me and I was not "free to go" for about two hours. Ultimately, I was told that I could put my pistol in the car and then return or I could leave. I chose to leave and never return. The officer who first stopped me escorted me to my car, where, in front of him, I promptly reloaded and reholstered.

Since there was no sign, the officer had no RAS and the detention was illegal. Had there been a sign, they still could've only asked me to leave, but IMO he would have had RAS. No-gun signs in Alabama do not set up a trespass situation.


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