imported post
If the sign was worded the way you say, then it would appear that it must be private property. The Attorney General has given guidance to government entities as to what the sign must say. The sign you describe does not meet the Attorney General’s order.
May a person Open Carry, or a licensed person Concealed Carry on a private premise if a sign is posted giving notice that firearms are not welcomed?
It all depends on what the sign says.
ORC 2923.126(C)(1) states:
(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.
ORC 2923.126(C)(3) states:
(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.
ORC 2923.126(C)(3) states in part that: “…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.”
So it would appear that if a sign stated: “NOTICE – No person shall carry a firearm, Deadly Weapon, or Dangerous Ordnance anywhere on this land, or these premises.” then if you ignored such notice you could be charged with trespass. The above notice does not leave much to the imagination. It’s hard to misinterpret.
But, the Attorney General suggests a different sign.
See:
http://www.ag.state.oh.us/le/prevention/concealcarry/index.asp
Concealed Carry Sign (NOTE: This is an example of a standard warning sign approved for use on state buildings. If you see this sign, it means that you cannot bring your concealed handgun inside. This sign is in the public domain. Businesses and persons wishing to post such signs are strongly advised to consult their legal counsel for language, style, format and placement.)
The link to the sign that the Attorney General approved for use on state buildings may be obtained from the following link.
http://www.ag.state.oh.us/le/prevention/pubs/cc_hb12_sign.pdf
When you read the sign there is a disclaimer. The disclaimer starts with: “Unless otherwise authorized by law, no person…” The law states where a person cannot carry a firearm as it relates to government property. But, the law states what private property owners must do to not permit the carrying on their private property. In other words, if a private property owner posted the sign that the Attorney General states is authorized for government buildings, the sign would not be adequate Notice as to private property. The “Unless otherwise authorized by law” would indicate that if a person is not permitted open carry, or not licensed to conceal carry then the person may not carry on the private property. The Ohio Constitution permits open carry. And Ohio law permits licensed persons may conceal carry.
Therefore. if a private property owner uses the government approved sign, then adequate notice has not been given.
As stated above the Attorney General gives notice to private property owners to consult an attorney. I bet they don’t.
But remember, if the private property owner asks you to leave and you don’t, you could be charged with trespass.
