This forum is for discussion of general issues regarding Concealed Carry in your everyday life. This forum is not intended to be political or for discussing legislation.
The Agricultural Society owns the fairgrounds, not the county
commissioners. Assuming that the Wood County Agricultural Society is
organized under O.R.C. 1711.01 et seq., O.R.C. 1711.13 states that they
are a "body corporate and politic." In various Ohio Attorney General
opinions, the Agricultural Society has been held to be a "public body"
for purposes of "prevailing wages(O.R.C. 4155,03 et seq.)" 1984 OAG 035;
"public meeting/Sunshine law (O.R.C.121.22" 1992 OAG 078; "political
subdivision immunity (O.R.C. 2744.01 et seq)". Other AG opinions have
held: (1) "[A]n agricultural fair is not a private businees enterprise
but its purpose is instead 'the advancement of learning and the
[dissemination] of useful knowledge." 1951 OAG No. 597; see also 1930
OAG No. 2531; (2) the promotion of educational goals traditionally has
been regarded as an appropriate governmental activity." Id. (3) An
agricultural society is eligible to receive public funds or assistance
for certain purposes. 1984 OAG 026
Therefore, while they are not a county agency (under the jurisdiction of
the commissioners), it is my opinion that they are sufficiently clothed
with public purposes and status such that they are subject to the
concealed weapons law as a public body. O.R.C. 2923.12 permits persons
with a permit to carry a concealed weapon unless the person is knowingly
in a place described by O.R.C. 2923.126(B). That section in pertinent
part provides:
". . . A valid license does not authorize the licensee to carry a
convcealed handgun into any of the following places:
* * * *
(9) Any building that is owned by this state or any political
subdivision of this state, and all portions of any building that is not
owned by any ogvernmental entity listed in this division but that is
leased by such a governmental entity listed in this division:"
Therefore, an individual with a valid concealed weapon license may carry
a handgun onto the fairground premises but cannot carry the handgun into
a fairground building. The building must post signs under O.R.C.
2923.1212 that contain the statement "Unless otherwise authorized by
law, pursuant to the Ohio Revised Code, no person shall knowingly
possess, have under the poerson's control, convey, or attempt to convey
a deadly weapon or dangerous ordnance onto these premises."
If there are other facts about the Wood County Agricultural Society or
prooperty ownership that you believe might alter this opinion, please
let me know.
Linda Holmes
I have not been to the Fairgrounds yet so hopefully the entrances are not posted.
Print it and carry with you, if you go. Remember, concealed carry.
Also, the corespondance between the me and the Prosecutor was sent to and viewed by at least 16 people, both procecutors and Sheriff's Department personel.
Damn, son! That's mighty fine work you've done! And a mighty fine response from the prosecutor's office.
Kudos to you, and thanks to all the hired help!
TunnelRat
"Applying the standard that is well established in our case law, we hold that the Second Amendment right is fully applicable to the States." ~ McDonald v. Chicago
When your only tools are a hammer and sickle, every problem starts to look like too much freedom.
I stay at the fair all week cause I'm a advisor for a 4-H horse club there and the main entrances for the parking and stuff are posted with signs. Don't know what they exactly say, but from what I can tell they are saying they don't want any weapons on the fairgrounds.
"Let me not mourn for men who have died fighting, but rather let me be glad that such heros have lived" ----- General George S. Patton Jr.
The first step was getting the Prosecutor to admit that is is legal to carry on the grounds. Pardon the expression, but it gives us ammo to use in getting the signs removed.
The next step is to get the signs taken down.
Hopefully by next year some things will have been fixed.
Who knows, this may well be a perfect opportunity for another march. The illegal prohibition of concealed weapons (at the State wide level) is something worth fighting isn't it?
I agree that they have no right to post them signs and agree that we need to do something to get them down. Whatever it takes I'm more than happy to help out with it.[/quote]
"Let me not mourn for men who have died fighting, but rather let me be glad that such heros have lived" ----- General George S. Patton Jr.