JediSkipdogg wrote:I can't think of any legal exception. Heck, the landlord section you found won't even let someone watching your apartment carry. They can only carry in the presence of the actual renter.
joerocket wrote:... I ran across ORC 2923.123 (3b) ...
djthomas wrote:In essence the landlord waived his right to apply a concealed carry restriction to his unit, and by other language in the contract, couldn't enforce it on the common areas for people going to/from the tenant's unit. Of course it wasn't explicitly worded that way, but that was the effect.
someguy wrote:Make friends with some of the residents. If you are in the same building with another person you might be a visitor or guest.
MyWifeSaidYes wrote:joerocket wrote:... I ran across ORC 2923.123 (3b) ...
2923.126(C)(3)(b) only protects residential tenants.
You might have a chance if you point out 2923.126(C)(2)(a) to your landlord. They are immune from civil liability if they allow licensees to carry.
Don't mention the part where they are also immune if they disallow licensed carry.
djthomas wrote:In business everything is negotiable. I know a guy who leased some commercial space for two years and during all the back and forth had his lawyer slip in a seemingly unrelated line basically saying that the tenant had sole discretion with respect to trespass matters concerning his unit. When asked my buddy laughed and told some yarn about how at their previous place the landlord had an alcoholic cousin who would hang around the store and scare customers away but the police refused to arrest him because he was technically part owner of the building. The landlord insisted that such behavior would never happen on his premises and readily agreed to the provision.
There was already another provision stating that the landlord would not restrict or otherwise inhibit the tenant's customers and employees from accessing the unit as otherwise provided in the agreement.
In essence the landlord waived his right to apply a concealed carry restriction to his unit, and by other language in the contract, couldn't enforce it on the common areas for people going to/from the tenant's unit. Of course it wasn't explicitly worded that way, but that was the effect.
It never came to be an issue because in order for it to be an issue, you first have to get caught. But believe me, given the neighborhood, my buddy and most of his employees were well aware of what the agreement said.
M-Quigley wrote:someguy wrote:Make friends with some of the residents. If you are in the same building with another person you might be a visitor or guest.
Based on what Jedi pointed out, (see above) what difference would that make?
schmieg wrote:Prior to HB12 taking effect in 2004, many business owners maintained guns at the place of business as there was no prohibition against it. There still is no prohibition against it, but the property owner's rights to restrict firearms was put into the code and that preempts your right to keep firearms in the business location absent the landlord's permission (if you obtain such permission, get it in writing). There may be issues in maintaining a firearm at the premises even with permission if you do not have a CHL, though that has not yet been adjudicated. The issue would be if you kept the firearm in a desk drawer, does that constitute a concealed weapon under the code.
I kept a Browning HiPower at my office for years until HB12 passed and then I obtained my CHL as soon as it was available. The reasonable man affirmative defense that used to exist was changed when concealed carry passed to only cover long guns, just so you are aware.
Your main problem is your landlord's posting.
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