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   Public Sector

Key Points on Conceal and Carry
for Municipalities

January/February 2004

By: Kimball H. Carey

VIEW OR PRINT ARTICLE IN PDF FORMAT

The controversial “conceal/carry” bill, signed by Governor Taft on January 8, 2004, contains a number of provisions that will have a direct impact on Ohio municipalities. Some key things for municipal officials to note about the new law (effective 4-8-04) include the following:

  • It does NOT authorize a conceal/carry licensee to carry a concealed handgun into ANY municipally owned or leased property OR into any type of jail or other detention facility, airport passenger terminal, department of mental health institution, department of MR/DD facility, or federal facility.

    One rather bizarre exception: A conceal/carry licensee MAY bring a handgun into a courtroom if the licensee transfers the handgun to the officer in charge of the courtroom. This officer must secure the handgun until the licensee is prepared to leave the premises.

  • It grants immunity to municipalities for “any injury, death, or loss . . . that allegedly was caused by or related to a licensee bringing a handgun” onto municipal property.

  • The director of public safety for a municipality, or other persons in charge of municipal buildings, are required to post a sign “in a conspicuous location” at each municipal building or facility “that contains a statement in substantially the following form:”

    UNLESS OTHERWISE AUTHORIZED BY LAW, PURSUANT TO OHIO REVISED CODE, NO PERSON SHALL KNOWINGLY POSSESS, HAVE UNDER THE PERSON’S CONTROL, CONVEY, OR ATTEMPT TO CONVEY A DEADLY WEAPON OR DANGEROUS ORDNANCE ONTO THESE PREMISES.

    Note that the law allows the wording of the sign to be modified slightly, as long as the modifications are not “substantial.” Note also that the signs posted need only “contain” the above language. Thus, it would appear to be permissible to add additional wording or symbols, such as wording or symbols designed to emphasize that conceal/carry licensees are NOT given special permission to carry firearms into the building.


Reprinted from Finley’s Ohio Municipal Service, with the permission of the publisher and copyright owner, West Group.

 

 

 

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