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Thread: question on ORC 9.68 preemption

  1. #1
    Regular Member conandan's Avatar
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    question on ORC 9.68 preemption

    I am a truck driver and travel thru Ohio often. I have noticed they are posting at weigh stations, NO FIREARMS ON PREMISES. Now the way I understand your preemption laws the parking areas are allowed just not in buildings. But the sign seems to apply to the entire property. I do have chl that is recognized by Ohio.
    So my question is if I'm found to have my firearm on there property do I have a legal defense of preemption while in the parking area.

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    Accomplished Advocate BB62's Avatar
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    Quote Originally Posted by conandan View Post
    I am a truck driver and travel thru Ohio often. I have noticed they are posting at weigh stations, NO FIREARMS ON PREMISES. Now the way I understand your preemption laws the parking areas are allowed just not in buildings. But the sign seems to apply to the entire property. I do have chl that is recognized by Ohio.
    So my question is if I'm found to have my firearm on there property do I have a legal defense of preemption while in the parking area.
    You're good to go OUTSIDE the buildings - but you raise an interesting question. Actually, it's one I've never heard before, and I've heard almost every one. It may be because you're an out-of-state trucker, and most Ohioans aren't!

    I'll PM MyWifeSaidYes about this thread, since he now occupies the exalted and highly paid job of 9.68 enforcer for Ohioans for Concealed Carry. He does have an itchy trigger finger, though, so don't rile him up!

    THanks for bringing this to our collective attention. Please keep an eye on this thread, and keep us posted of what you see over the next month or two.

  3. #3
    Regular Member conandan's Avatar
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    Next time I stop at one of the posted scales I will take a picture of the sign and post it with the location.

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    Are the people working at the weigh stations state employees or is it possible that the state has contracted with a private company to run these facilities?

  5. #5
    Regular Member conandan's Avatar
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    Quote Originally Posted by RT48 View Post
    Are the people working at the weigh stations state employees or is it possible that the state has contracted with a private company to run these facilities?
    Unless its changed they are run by state police.

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    Ohio State Police ?

    Quote Originally Posted by conandan View Post
    Unless its changed they are run by state police.
    Ohio does not have a State Police department.

    Many Ohio State Highway Patrol troopers act as if they are a state police department; some of them express wishes they WERE a state police department.

    They are not.

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    Accomplished Advocate BB62's Avatar
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    Quote Originally Posted by docachna View Post
    Ohio does not have a State Police department.

    Many Ohio State Highway Patrol troopers act as if they are a state police department; some of them express wishes they WERE a state police department.

    They are not.
    How nice of you to point that out, yet not explain further.

  8. #8
    Regular Member MyWifeSaidYes's Avatar
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    The signage is incorrect.

    There is no law that I can find that allows the OSHP to post anything but their buildings as CPZ's.

    ---

    As far as the OSHP not being "State Police", I guess I don't know what "State Police" means in other states.

    If the issue is whether the OSHP has full and complete jurisdiction anywhere in the state, then no, they are NOT a state police agency.

    They only have jurisdiction on any state owned or leased property OR anywhere they are requested to help by a sheriff or other police agency.

    In other words, they CAN have jurisdiction anywhere in the state IF they are invited by the local LE agency.

    ---

    Here are a couple excerpts from ORC 5503
    http://codes.ohio.gov/orc/5503.01
    ...The superintendent and state highway patrol troopers shall be vested with the authority of peace officers for the purpose of enforcing the laws of the state that it is the duty of the patrol to enforce and may arrest, without warrant, any person who, in the presence of the superintendent or any trooper, is engaged in the violation of any such laws. The state highway patrol troopers shall never be used as peace officers in connection with any strike or labor dispute.

    http://codes.ohio.gov/orc/5503.02(D)(1)
    State highway patrol troopers have the same right and power of search and seizure as other peace officers.
    No state official shall command, order, or direct any state highway patrol trooper to perform any duty or service that is not authorized by law. The powers and duties conferred on the patrol are supplementary to, and in no way a limitation on, the powers and duties of sheriffs or other peace officers of the state.
    ------------------------------------------------------------
    What does a caring, sensitive person feel when they are forced to use a handgun to stop a threat?

    Recoil.

  9. #9
    Regular Member conandan's Avatar
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    Are the highway patrol and state police the same. I belive they are both state law enforcement just different titles.
    I could be wrong.....ok I understand the difference now....
    Last edited by conandan; 11-08-2013 at 06:20 PM.

  10. #10
    Regular Member conandan's Avatar
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    Well... When I get to a scale that's posted I will try again to ask the officer on duty about the posting and I will have my recorded running and see how it goes.. I tried when I first saw the sign but the office did not want to engage in a debate on the law, and was not in a good mood so I didn't push it.

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