SB 199 - Concealed Carry Modifications Goes In To Effect Soon

[David (OHGO)]

Just a heads up that I believe on March 21st (maybe 22nd) the Senate Bill 199 officially goes in to law.  You can view the full text of the law right here: https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA131-SB-199


But a quick run down includes some new protections for those of us who have a concealed carry license, such as being able to store the weapon in your vehicle while at the workplace. (My current employer STRICTLY prohibits this). The relevant part of the law is:

Sec. 2923.1210. (A) A business entity, property owner, or public or private employer may not establish, maintain, or enforce a policy or rule that prohibits or has the effect of prohibiting a person who has been issued a valid concealed handgun license from transporting or storing a firearm or ammunition when both of the following conditions are met:


(1) Each firearm and all of the ammunition remains inside the person's privately owned motor vehicle while the person is physically present inside the motor vehicle, or each firearm and all of the ammunition is locked within the trunk, glove box, or other enclosed compartment or container within or on the person's privately owned motor vehicle;


(2) The vehicle is in a location where it is otherwise permitted to be.

I'm pretty excited about this change being able to legally carry while going to/from work will be a relief for those who drive through or work around less than desirable areas.

 

[Spazstick]

I am newer to Ohio and was concerned with the lack of a "parking lot" law protecting individuals who are going onto school grounds and employer lots.  I didn't realize this bill had passed but I was pleasantly surprised this morning while reading the news seeing an article online for the local cinci Fox News station.

 

[~ZENAS~]

Yep. Effective day is today. The parking lot protections are very nice. Even though I wasn't thrilled with the way they addressed some issues in the bill, overall I'm very happy with it.

 

[Spazstick]

I know that I haven't been here long and am looking to sign up this week for a ccw class to get my Ohio carry license but my understanding is the no gun signs carry the weight of law. It would be great if they didn't.  I appreciated the concealed meant concealed in Indiana because the manager could ask you to leave if it was posted and at that time if you didn't leave that was when you could be charged with a criminal trespassing charge. My understanding of OH is if it's posted whether you see it or not you are still charged and could lose your ccw.  But I guess that's why the class is mandated to educate individuals on the laws

 

[~ZENAS~]

In Ohio, the sign has the "force of law" in the sense that if a property owner has a sign posted in a conspicuous place, violating that sign is criminal trespass. It's not quite as simple as "whether you see it or not" because our criminal trespass statute (R.C. 2911.21(A)(5)) requires a person to "knowingly" enter or remain on the land or premises of another in violation of a posted restriction. So the mens rea is still knowingly. What ends up happening is that the state will get the presumption that you knowingly violated the statute if the sign complies with the statute and is posted in a conspicuous location. This shifts the burden to you to prove by a preponderance of the evidence that you did not see the sign, or know it was there. Obviously that's going to be hard for you to prove, so my advice is always be diligent in looking for signs, but legally speaking, it isn't that you are guilty "whether you see it or not". Also, like Indiana, if a property owner asks you to leave, it is also criminal trespass to refuse to immediately leave.

 

[RangerTim]

As usual, T.L Jones hit it on the head.  Conspicuous and Knowingly are the keys.  An example I often use is our local shopping mall.  Several individual stores do not have posted "No Carry" signage.  However, every entrance directly into the "mall" portion which connects the individual stores does have posted signage.  If I enter through Sears (which doesn't have a posted no carry sign) and proceed through the store into the "common area" of the mall, I very likely did not KNOWINGLY violate posted signage law as there is not a sign conspicuously located at the entrance into the mall directly from the Sears store.

 

[Spazstick]

T.L Jones and Chris thank you for your feedback and help.  One more question I have read that Ohio is an "Open Carry" State and that you are able to carry a loaded firearm in a holster as long as it's not covered without a permit. My question is when in a vehicle he gun must be empty and stored seperatly from a loaded mag so there are three steps to loading the firearm. 


Also so I have selected a class I am going to take on the 22nd of April that works with my schedule I just have to register  now.  Up until now I have just left the pistol at home but if I can OC then there are a few occasions I wouldn't mind doin so. Normally I personally am very much  a CC guy.

 

[David (OHGO)]

T.L Jones and Chris thank you for your feedback and help.  One more question I have read that Ohio is an "Open Carry" State and that you are able to carry a loaded firearm in a holster as long as it's not covered without a permit. My question is when in a vehicle he gun must be empty and stored separately from a loaded mag so there are three steps to loading the firearm.

This does sound like you have a good understanding of the transporting of firearms in vehicles.

 

[~ZENAS~]

You are correct. You can open carry in Ohio per our constitution.  But you are also right that there are specific ways to carry a gun in a motor vehicle. Once you get your CCW license you will be able to keep your gun loaded in your car, but until then, there is really no such thing as open carry in a car. Courts have always found loaded guns in a car to be concealed, even if otherwise seemingly out in the open. So an unlicensed person must always unload and comply with 2923.16 when transporting a gun in a car.