Is OAC 128-4-02
something we should be looking to change? (G)(10) reads "(10) Weapons - with the exception of those carried by peace officers in the course of their duties and as expressly authorized under division (N) of section 105.41 of the Revised Code, firearms or other weapons, concealed or otherwise, are prohibited within the capitol buildings and grounds without the express written permission of the board." Wasn't the prohibition on the grounds removed by HB 495 back in 2013? It also seems to conflict with ORC 2923.126(B)(7).
I'm sure some of our more local activists can weigh in but the board seems to know they are on shaky ground in light of ORC 9.68 and some folks at the AG's office have unofficially said so. Officially the board will say that state law allows them to make rules, ergo any rule they pass concerning weapons is pursuant to state law, thus lawful under 9.68. They will also say that the rule went through JCAR as all rules do, thus the General Assembly had an opportunity to veto it but declined to do so. However, when push comes to shove the board has quietly given permission for weapons at rallies which has the legal effect of mooting the immediate controversy. Clearly the board isn't as confident in its legal position as it likes to portray.
I can also add that in the half dozen times I've been in Columbus since this rule went into effect I've made it a point to openly carry a full size pistol across the grounds and I've never once been hassled. I've gotten (and returned) a nod from OSHP personnel once or twice.
Be that as it may I suspect there's not going to be much political will to strike this rule; it's funny how squeamish some Republicans get when it comes to the land around their office.
Never ask if you can carry at a non-posted place, but always ask why you cannot at one that is!
Just because they offer call ahead seating doesn't mean you call ahead for carry permission.