Columbus Franklin Park Conservatory

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starride
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Columbus Franklin Park Conservatory

Post by starride »

Once a year I go to the Asian festival at Columbus Franklin Park Conservatory off of Broad Street.

I usually carry while I am there due to the violence and other activities instigated by the locals.

The park itself does not seem to be posted but the buildings are.

I noticed that the activity center is posted, so I stay out, but at the same time I question the present legality and viability of the posting. It may be a government building but doesn't someone have to actually work there full time for it to be a statutory CPZ.
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Stryker74
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Re: Columbus Franklin Park Conservatory

Post by Stryker74 »

Whether a government official works in a building or not has no bearing. If it is owned by a government entity, and is not primarily a restroom, rest facility, or parking garage - then it is off limits.
ORC 2923.126 (B) (9) states:

"(9) Any building that is a government facility of this state or a political subdivision of this state and that is not a building that is used primarily as a shelter, restroom, parking facility for motor vehicles, or rest facility and is not a courthouse or other building or structure in which a courtroom is located that is subject to division (B)(3) of this section"
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starride
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Re: Columbus Franklin Park Conservatory

Post by starride »

Thank you for the clarification.
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cashman966
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Re: Columbus Franklin Park Conservatory

Post by cashman966 »

Stryker74 wrote:Whether a government official works in a building or not has no bearing. If it is owned by a government entity, and is not primarily a restroom, rest facility, or parking garage - then it is off limits.
ORC 2923.126 (B) (9) states:

"(9) Any building that is a government facility of this state or a political subdivision of this state and that is not a building that is used primarily as a shelter, restroom, parking facility for motor vehicles, or rest facility and is not a courthouse or other building or structure in which a courtroom is located that is subject to division (B)(3) of this section"

Um not quite so cut and dry. the statute goes on to state:
2923.126(G) As used in this section:

(3) "Government facility of this state or a political subdivision of this state" means any of the following:

(a) A building or part of a building that is owned or leased by the government of this state or a political subdivision of this state and where employees of the government of this state or the political subdivision regularly are present for the purpose of performing their official duties as employees of the state or political subdivision;

(b) The office of a deputy registrar serving pursuant to Chapter 4503. of the Revised Code that is used to perform deputy registrar functions.
I am, not familiar with the building you are talking about but yes, employees need to be regularly present for it to be a CPZ. Note it does not say "full time" and I am not aware of any case law that would help define regularly present so YMMV.
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starride
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Re: Columbus Franklin Park Conservatory

Post by starride »

Well the activity center is the first building south east of the amphitheater, it is actually built like a storm shelter. Their signage is quite explicit and the first line says no concealed carry. I am just trying to figure out how it meets the definition of a statutory CPZ, and as it appears to be the storm shelter how that would apply.
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Re: Columbus Franklin Park Conservatory

Post by JustaShooter »

starride wrote:Well the activity center is the first building south east of the amphitheater, it is actually built like a storm shelter. Their signage is quite explicit and the first line says no concealed carry. I am just trying to figure out how it meets the definition of a statutory CPZ, and as it appears to be the storm shelter how that would apply.
It may appear to be a storm shelter, and may be built like one, but it is primarily used as an activity center, correct? The statute reads "Any building that is a government facility of this state or a political subdivision of this state and that is not a building that is used primarily as a shelter..." so if it is "owned or leased by the government of this state or a political subdivision of this state and where employees of the government of this state or the political subdivision regularly are present for the purpose of performing their official duties as employees of the state or political subdivision;" then it qualifies as a statutory CPZ and must be posted.
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MyWifeSaidYes
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Re: Columbus Franklin Park Conservatory

Post by MyWifeSaidYes »

I gave up on the "regularly are present" argument a while back.

If a government employee shows up once a month to take out the trash, it could be argued that is 'regular'.

:(
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Re: Columbus Franklin Park Conservatory

Post by Webeable »

Parks can be regulated by the city, making the GFZ
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JustaShooter
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Re: Columbus Franklin Park Conservatory

Post by JustaShooter »

Webeable wrote:Parks can be regulated by the city, making the GFZ
If I understand what you are saying, that a city can regulate guns in city parks making them gun free zones, then that is incorrect. Ohio has preemption over local laws when it comes to firearms. See ORC 9.68. So if you encounter a city ordinance or signs that prohibit firearms in a city park, it is likely in violation of Ohio law. Post about it in the ORC 9.68 Compliance Form and the folks there can help determine if it is a violation and help get it corrected.
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