ORC 9.68 compliance vs noncompliance

A sub-forum for the purpose of discussing ORC 9.68 compliance. This sub-forum is strictly for the discussion of progress in individual cities and their respective parks.

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This sub-forum is strictly for the purpose of submitting of, and status updates related to, ORC 9.68 compliance. This could mean park bans, open carry bans, or anything that is a compliance issue. Note the format in which original threads were created. We'll track each individual case here and post updates if assistance is needed, etc. You may start a new thread here to notify us of a non-compliant scenario. Please try to research contact information for each city, village, etc, Email, fax, and postal addresses are great. Digital photos of infractions (Signs) are ideal. With limited exceptions this is NOT a discussion forum.

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Re: ORC 9.68 compliance vs noncompliance

Postby SMMAssociates » Tue Sep 27, 2016 2:34 am

JustJack:

I think the referenced law also includes guests, but apparently requires the presence of the renter....

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Re: ORC 9.68 compliance vs noncompliance

Postby JustaShooter » Tue Sep 27, 2016 6:36 am

SMMAssociates wrote:JustJack:

I think the referenced law also includes guests, but apparently requires the presence of the renter....

Regards,

Guests of a renter that has a CHL are also exempted (notice that if *you* as a guest have a CHL, but your friend/relative that is the renter does not, you are not exempted from the prohibition...) - but does not appear to require the presence of the renter. Also, only protects the possession of handguns by a renter with a CHL (or his guest), not long guns.

Looks to me like they may know about the exemptions, but hope the renters and guests do not.
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Re: ORC 9.68 compliance vs noncompliance

Postby JediSkipdogg » Tue Sep 27, 2016 6:57 am

JustaShooter wrote:
SMMAssociates wrote:JustJack:

I think the referenced law also includes guests, but apparently requires the presence of the renter....

Regards,

Guests of a renter that has a CHL are also exempted (notice that if *you* as a guest have a CHL, but your friend/relative that is the renter does not, you are not exempted from the prohibition...) - but does not appear to require the presence of the renter. Also, only protects the possession of handguns by a renter with a CHL (or his guest), not long guns.

Looks to me like they may know about the exemptions, but hope the renters and guests do not.


Yes it does...

(b) A landlord may not prohibit or restrict a tenant who is a licensee and who on or after September 9, 2008, enters into a rental agreement with the landlord for the use of residential premises, and the tenant's guest while the tenant is present, from lawfully carrying or possessing a handgun on those residential premises.

So, I go visit Joe Smoe while carrying at Little Town Apartments and he happens to not be home, I'm breaking the law.
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Re: ORC 9.68 compliance vs noncompliance

Postby pirateguy191 » Tue Sep 27, 2016 7:35 am

John1022 wrote:I will look for other forums on my question as well. I had encountered a no firearms sign on an apartment building that states "You are prohibited from carrying a firearm, deadly weapon, dangerous ordinance or concealed firearm in or onto these premises even if you have a state permit!" yes it even has the exclamation point. Then it states "*pursuant to Ohio revised code and AMHA policy,...“. Then goes on to state "No person shall...." you know the rest of that part. I know that this is against the law, but I am not sure how to go about stopping them from posting this.


What is AMHA? Government housing? Would it be a legal posting if it is government housing?
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Re: ORC 9.68 compliance vs noncompliance

Postby JediSkipdogg » Tue Sep 27, 2016 7:41 am

pirateguy191 wrote:
John1022 wrote:I will look for other forums on my question as well. I had encountered a no firearms sign on an apartment building that states "You are prohibited from carrying a firearm, deadly weapon, dangerous ordinance or concealed firearm in or onto these premises even if you have a state permit!" yes it even has the exclamation point. Then it states "*pursuant to Ohio revised code and AMHA policy,...“. Then goes on to state "No person shall...." you know the rest of that part. I know that this is against the law, but I am not sure how to go about stopping them from posting this.


What is AMHA? Government housing? Would it be a legal posting if it is government housing?


American Miniature Horse Association.... :mrgreen:

If it's government housing then that becomes slightly tough. Keep in mind the Supreme Court has ruled that government housing is not private property and therefore not an exemption under the Gun Free School Zone Act unless on has a CHL. Leave the house and leave your kids with your locked gun safe in the bedroom, your kids are now committing felonies.

Now, at least in Ohio, I don't think government employees would be regularly present in government housing. Therefore, I don't think it would become a banned government building under Ohio law.
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Re: ORC 9.68 compliance vs noncompliance

Postby pirateguy191 » Tue Sep 27, 2016 9:52 am

Is it a shelter? Parking structure? Restroom?
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Re: ORC 9.68 compliance vs noncompliance

Postby JustaShooter » Tue Sep 27, 2016 9:54 am

JediSkipdogg wrote:
JustaShooter wrote:
SMMAssociates wrote:JustJack:

I think the referenced law also includes guests, but apparently requires the presence of the renter....

Regards,

Guests of a renter that has a CHL are also exempted (notice that if *you* as a guest have a CHL, but your friend/relative that is the renter does not, you are not exempted from the prohibition...) - but does not appear to require the presence of the renter. Also, only protects the possession of handguns by a renter with a CHL (or his guest), not long guns.

Looks to me like they may know about the exemptions, but hope the renters and guests do not.


Yes it does...

(b) A landlord may not prohibit or restrict a tenant who is a licensee and who on or after September 9, 2008, enters into a rental agreement with the landlord for the use of residential premises, and the tenant's guest while the tenant is present, from lawfully carrying or possessing a handgun on those residential premises.

So, I go visit Joe Smoe while carrying at Little Town Apartments and he happens to not be home, I'm breaking the law.

Sorry, you are correct - I completely missed that.
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Re: ORC 9.68 compliance vs noncompliance

Postby pirateguy191 » Tue Sep 27, 2016 10:35 am

pirateguy191 wrote:Is it a shelter? Parking structure? Restroom?


Jedi, in Cleveland we have CMHA.....Cleveland Metropolitan Housing Authority housing. There have their own police force that are regularly present on CMHA properties.
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Re: ORC 9.68 compliance vs noncompliance

Postby JediSkipdogg » Tue Sep 27, 2016 10:55 am

pirateguy191 wrote:
pirateguy191 wrote:Is it a shelter? Parking structure? Restroom?


Jedi, in Cleveland we have CMHA.....Cleveland Metropolitan Housing Authority housing. There have their own police force that are regularly present on CMHA properties.


Like work there or just regularly patrol there?
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Re: ORC 9.68 compliance vs noncompliance

Postby pirateguy191 » Wed Sep 28, 2016 7:52 pm

2923.126 Duties of licensed individual.


(B) A valid concealed handgun license does not authorize the licensee to carry a concealed handgun in any manner prohibited under division (B) of section 2923.12 of the Revised Code or in any manner prohibited under section 2923.16 of the Revised Code. A valid license does not authorize the licensee to carry a concealed handgun into any of the following places:



(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;


Jedi, I don't see anywhere that states that an employee needs to be regularly present.
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Re: ORC 9.68 compliance vs noncompliance

Postby JustaShooter » Wed Sep 28, 2016 8:11 pm

pirateguy191 wrote:
2923.126 Duties of licensed individual.


(B) A valid concealed handgun license does not authorize the licensee to carry a concealed handgun in any manner prohibited under division (B) of section 2923.12 of the Revised Code or in any manner prohibited under section 2923.16 of the Revised Code. A valid license does not authorize the licensee to carry a concealed handgun into any of the following places:



(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;


Jedi, I don't see anywhere that states that an employee needs to be regularly present.


See section (G) (3)
(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.
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Re: ORC 9.68 compliance vs noncompliance

Postby Brian D. » Wed Sep 28, 2016 10:02 pm

Come on pirateguy191, you have seen that part of the ORC before, haven't you?
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Re: ORC 9.68 compliance vs noncompliance

Postby pirateguy191 » Thu Sep 29, 2016 4:13 am

Brian D. wrote:Come on pirateguy191, you have seen that part of the ORC before, haven't you?


I have now.
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Re: ORC 9.68 compliance vs noncompliance

Postby Brian D. » Thu Sep 29, 2016 8:45 am

pirateguy191 wrote:
Brian D. wrote:Come on pirateguy191, you have seen that part of the ORC before, haven't you?


I have now.


Okay. It's not like I never have a "How the heck did I not see that before??" moment. It do happen.
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Re: ORC 9.68 compliance vs noncompliance

Postby pirateguy191 » Thu Sep 29, 2016 10:04 am

Brian D. wrote:
pirateguy191 wrote:
Brian D. wrote:Come on pirateguy191, you have seen that part of the ORC before, haven't you?


I have now.


Okay. It's not like I never have a "How the heck did I not see that before??" moment. It do happen.


I've heard it and spoke it but never really read it.
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