Huber Heights shopping center

This forum is dedicated to the discussion of organizations that have declared their intent to cater to society's criminal element by prohibiting the legal carry of firearms on their premises. Please submit new CPZs to the DNPWA database on OhioCCW.org

Moderators: Chuck, Mustang380gal, Coordinators, Moderators

Post Reply
qmti
OFCC Member
OFCC Member
Posts: 664
Joined: Fri Dec 12, 2014 2:18 pm

Huber Heights shopping center

Post by qmti »

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?
SMMAssociates
Posts: 9557
Joined: Mon Jul 04, 2005 1:36 am
Location: Youngstown OH

Re: Huber Heights shopping center

Post by SMMAssociates »

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 :D.)

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.

(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
Brian D.
Posts: 16229
Joined: Mon Jul 04, 2005 8:42 pm
Location: SW Ohio

Re: Huber Heights shopping center

Post by Brian D. »

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!

********************************************************************************
1911 and Browning Hi Power Enthusianado.
User avatar
JustaShooter
OFCC Coordinator
OFCC Coordinator
Posts: 5800
Joined: Thu Feb 07, 2013 3:08 pm
Location: Akron/Canton Area

Re: Huber Heights shopping center

Post by JustaShooter »

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 :D.)

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....
And, as I often do, I'll take a moment to post the other side of this argument.

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.
Christian, Husband, Father
NRA Life Member
NRA Certified Range Safety Officer
NRA Certified Pistol & Rifle Instructor

Want to become more active with OFCC and help fight for your rights? Click Here!
User avatar
JediSkipdogg
Posts: 10257
Joined: Sun Jul 27, 2008 3:03 pm
Location: Batavia
Contact:

Re: Huber Heights shopping center

Post by JediSkipdogg »

JustaShooter wrote:
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 :D.)

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....
And, as I often do, I'll take a moment to post the other side of this argument.

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.
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."
Carrying Concealed Handguns - Signage Answers

Ohio Concealed Carry Classes in S/W Ohio
http://www.ProShootersTraining.com" onclick="window.open(this.href);return false;

I am not a lawyer. My answers are based on research, knowledge, and are generally backed up with facts, the Ohio Revised Code, or the United States Code.
User avatar
WY_Not
OFCC Patron Member
OFCC Patron Member
Posts: 2435
Joined: Wed May 02, 2007 10:15 pm
Location: Miami County, OH
Contact:

Re: Huber Heights shopping center

Post by WY_Not »

Soooo then every person who purchases a firearm at Rural King is a criminal as soon as the sale is finalized.
Learn how Project Appleseed is supporting freedom through Marksmanship and Heritage clinics.
Samuel Adams wrote:If ye love wealth better than liberty, the tranquility of servitude better than the animating contest of freedom, go home from us in peace. We ask not your counsels or your arms. Crouch down and lick the hands which feed you. May your chains set lightly upon you, and may posterity forget that you were our countrymen.
Brian D.
Posts: 16229
Joined: Mon Jul 04, 2005 8:42 pm
Location: SW Ohio

Re: Huber Heights shopping center

Post by Brian D. »

WY_Not wrote:Soooo then every person who purchases a firearm at Rural King is a criminal as soon as the sale is finalized.
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.
Quit worrying, hide your gun well, shut up, and CARRY that handgun!

********************************************************************************
1911 and Browning Hi Power Enthusianado.
User avatar
JustaShooter
OFCC Coordinator
OFCC Coordinator
Posts: 5800
Joined: Thu Feb 07, 2013 3:08 pm
Location: Akron/Canton Area

Re: Huber Heights shopping center

Post by JustaShooter »

WY_Not wrote:Soooo then every person who purchases a firearm at Rural King is a criminal as soon as the sale is finalized.
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.
Christian, Husband, Father
NRA Life Member
NRA Certified Range Safety Officer
NRA Certified Pistol & Rifle Instructor

Want to become more active with OFCC and help fight for your rights? Click Here!
User avatar
YoteHuntr
Posts: 174
Joined: Tue Mar 19, 2013 4:44 am
Location: New Carlisle, Ohio

Re: Huber Heights shopping center

Post by YoteHuntr »

JustaShooter wrote:
WY_Not wrote:Soooo then every person who purchases a firearm at Rural King is a criminal as soon as the sale is finalized.
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.

So wouldn't that mean that Rural King itself could be culpable for facilitating illegal firearm sales?
U.S.A.F. Retired (1974-1998)
NRA Endowment Life Member
OFCC Member
USCCA Member
Handloader 34 years
EDC Gun: Ruger LC9s, SR9c and/or LCP

Brian D.
Posts: 16229
Joined: Mon Jul 04, 2005 8:42 pm
Location: SW Ohio

Re: Huber Heights shopping center

Post by Brian D. »

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!

********************************************************************************
1911 and Browning Hi Power Enthusianado.
qmti
OFCC Member
OFCC Member
Posts: 664
Joined: Fri Dec 12, 2014 2:18 pm

Re: Huber Heights shopping center

Post by qmti »

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.
User avatar
Ray
Posts: 419
Joined: Thu Nov 27, 2008 10:16 pm
Location: Clark Co., Ohio

Re: Huber Heights shopping center

Post by Ray »

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.

Ray
Me and my
XD-9
Taurus 38
PT638 Pro-380
P-22
Sig 9 for wife
NRA Member
Post Reply