Huber Heights shopping center
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Huber Heights shopping center
Went to the Huber Heights shopping center (near Dayton) to the new Rural King store to get some ammo on sale. I noticed that the entire shopping center parking lot is posted NO GUNS except for the portion directly in front of Rural King. Krogers is in the shopping center which would effectively prohibit a CCW carrier to get to the store (no street parking). Does anyone know if this is a new sign posting or has it always been posted?
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Re: Huber Heights shopping center
qmti:
Effective a couple years ago, private parking lot signs are a civil issue, not a criminal one. IOW, they have to sue you....
IANAL, but the consensus has been to just ignore the signs, while not being too obvious (i.e., no AR on your back).
They don't want you there, and I'd prefer to not give them any of my money, but....
(Kind of feels like the Rural King folks cut a deal with them, too .)
Normally, advising you to break the law would be a no-no here, but in this case, it's probably appropriate. IAC, it's not a crime....
Regards,
Effective a couple years ago, private parking lot signs are a civil issue, not a criminal one. IOW, they have to sue you....
IANAL, but the consensus has been to just ignore the signs, while not being too obvious (i.e., no AR on your back).
They don't want you there, and I'd prefer to not give them any of my money, but....
(Kind of feels like the Rural King folks cut a deal with them, too .)
Normally, advising you to break the law would be a no-no here, but in this case, it's probably appropriate. IAC, it's not a crime....
Regards,
Stu.
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(Why do those who claim to wish to protect me feel that the best way to do that is to disarm me?)
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(Why write a quick note when you can write a novel?)
(Why do those who claim to wish to protect me feel that the best way to do that is to disarm me?)
יזכר לא עד פעם
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Re: Huber Heights shopping center
Kroger sometimes gets boned like this when they are just a tenant of the property. Their corporate honchos will empathize with our complaints but they are sort of stuck between a rock and a hard place. If Kroger left they'd likely catch flack from nearby residents about creating a "grocery desert" or similar derogatory catchphrase.
Quit worrying, hide your gun well, shut up, and CARRY that handgun!
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- JustaShooter
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Re: Huber Heights shopping center
And, as I often do, I'll take a moment to post the other side of this argument.SMMAssociates wrote:qmti:
Effective a couple years ago, private parking lot signs are a civil issue, not a criminal one. IOW, they have to sue you....
IANAL, but the consensus has been to just ignore the signs, while not being too obvious (i.e., no AR on your back).
They don't want you there, and I'd prefer to not give them any of my money, but....
(Kind of feels like the Rural King folks cut a deal with them, too .)
Normally, advising you to break the law would be a no-no here, but in this case, it's probably appropriate. IAC, it's not a crime....
According to the ORC, the owner of the property can post that property as a no carry zone (http://codes.ohio.gov/orc/2923.126" onclick="window.open(this.href);return false; Section (C) (3) (a).) If, as is the case on The Strip in Canton, every entrance into the shopping center is posted, then in my (non-lawyer) opinion, the entire property is posted and carrying into it is Criminal Trespass. The ORC allows for an exemption if the "posted land or premises primarily was a parking lot or other parking facility", making it a Civil offense of trespass. But, (again, in my non-lawyer opinion) the property that a shopping center is located on is not "primarily ... a parking lot" so my take is that it is still Criminal Trespass to carry past those signs. I might be able to be convinced that as long as your gun stays in the parking lot that it might be civil, but as soon as you carry into a building it would still be criminal.
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- JediSkipdogg
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Re: Huber Heights shopping center
That has always been my take as well. One close to me is the Monroe Outlet Mall. All entrances to the parking lot are posted and the ORC only gives an exemption to the parking lot section being civil. Nowhere does the ORC say where the building has to be posted. So I take it as the parking lot posted is notice to the building unless the signage specifically says "no firearms in the parking lot."JustaShooter wrote:And, as I often do, I'll take a moment to post the other side of this argument.SMMAssociates wrote:qmti:
Effective a couple years ago, private parking lot signs are a civil issue, not a criminal one. IOW, they have to sue you....
IANAL, but the consensus has been to just ignore the signs, while not being too obvious (i.e., no AR on your back).
They don't want you there, and I'd prefer to not give them any of my money, but....
(Kind of feels like the Rural King folks cut a deal with them, too .)
Normally, advising you to break the law would be a no-no here, but in this case, it's probably appropriate. IAC, it's not a crime....
According to the ORC, the owner of the property can post that property as a no carry zone (http://codes.ohio.gov/orc/2923.126" onclick="window.open(this.href);return false; Section (C) (3) (a).) If, as is the case on The Strip in Canton, every entrance into the shopping center is posted, then in my (non-lawyer) opinion, the entire property is posted and carrying into it is Criminal Trespass. The ORC allows for an exemption if the "posted land or premises primarily was a parking lot or other parking facility", making it a Civil offense of trespass. But, (again, in my non-lawyer opinion) the property that a shopping center is located on is not "primarily ... a parking lot" so my take is that it is still Criminal Trespass to carry past those signs. I might be able to be convinced that as long as your gun stays in the parking lot that it might be civil, but as soon as you carry into a building it would still be criminal.
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Ohio Concealed Carry Classes in S/W Ohio
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- WY_Not
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Re: Huber Heights shopping center
Soooo then every person who purchases a firearm at Rural King is a criminal as soon as the sale is finalized.
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Re: Huber Heights shopping center
Sounds like the landlord wouldn't try to do that, given location given of the signs. Stupid mindset? Yes. Hypocritical? Yeah. We've seen this before.WY_Not wrote:Soooo then every person who purchases a firearm at Rural King is a criminal as soon as the sale is finalized.
Quit worrying, hide your gun well, shut up, and CARRY that handgun!
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- JustaShooter
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Re: Huber Heights shopping center
Technically? Yeah. Is that likely to ever become an issue? No. Someone is going to have to make it an issue, and Rural King certainly isn't going to, and the landlord isn't likely to either.WY_Not wrote:Soooo then every person who purchases a firearm at Rural King is a criminal as soon as the sale is finalized.
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- YoteHuntr
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Re: Huber Heights shopping center
JustaShooter wrote:Technically? Yeah. Is that likely to ever become an issue? No. Someone is going to have to make it an issue, and Rural King certainly isn't going to, and the landlord isn't likely to either.WY_Not wrote:Soooo then every person who purchases a firearm at Rural King is a criminal as soon as the sale is finalized.
So wouldn't that mean that Rural King itself could be culpable for facilitating illegal firearm sales?
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Re: Huber Heights shopping center
As previously stated , YoteHuntr, I can't see the landlord renting space to a store that is known to have an FFL and sells guns, somehow sicking the cops on them for doing so. Further, I can't imagine the police doing something like that on their own. And I'm as cynical towards corrupt police and/or politicians as most on here.
Quit worrying, hide your gun well, shut up, and CARRY that handgun!
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Re: Huber Heights shopping center
Hello everyone. Thanks for the reply's but I think the sign posting was misread. I stated that the parking lot DIRECTLY in front of Rual King is not posted. But just beyond where their building ends the entire lot is. So if you stay in front of their store (they have two entrances) you are under their control and you are legal. All the rest of the stores from CiCi Pizza on north is posted.
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Re: Huber Heights shopping center
The landlord posted the parking lot. That is why I don't shop anywhere in the strip mall. I do go to Rural King, however.
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