ohio mall carry allowed
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ohio mall carry allowed

This is a discussion on ohio mall carry allowed within the Concealed Carry Discussion forums, part of the Main Category category; I am wondering if its legal to carry in ohio malls. Do signs matter in ohio. And if so what ...

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    Default ohio mall carry allowed

    I am wondering if its legal to carry in ohio malls. Do signs matter in ohio. And if so what must they contain to be valid. In ky I know mall carry is okay. Permits in ky supercede the signs from what I have heard as long as its not already prohibited . My permit is ky

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    XJ_MAC is offline M.A. Cooper
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    If the mall is posted, you can't carry in the mall, permit or not! Westfield malls are all posted.

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    How about eastgate? Also does the sign have to be visible or are there any loopholes? For instance entering through the sears there is no sign but on the foodcourt glass there is a revolver with a slash through it

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    Quote Originally Posted by 901-Memphis View Post
    How about eastgate? Also does the sign have to be visible or are there any loopholes? For instance entering through the sears there is no sign but on the foodcourt glass there is a revolver with a slash through it
    In order for you to be PROSECUTED, you have to ignore a REASONABLY placed sign.

    They can ask you to leave, whether they're posted or not. If you refuse, that's criminal trespass.

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    Ohio Revised Code Title [29] XXIX CRIMES - PROCEDURE Chapter 2923:, section 2923.126 - Duties of licensed individual.

    (3) (a) Except as provided in division (C)(3)(b) of this section, the owner or person in control of private land or premises, and a private person or entity leasing land or premises owned by the state, the United States, or a political subdivision of the state or the United States, may post a sign in a conspicuous location on that land or on those premises prohibiting persons from carrying firearms or concealed firearms on or onto that land or those premises.

    Except as otherwise provided in this division, a person who knowingly violates a posted prohibition of that nature is guilty of criminal trespass in violation of division (A)(4) of section 2911.21 of the Revised Code and is guilty of a misdemeanor of the fourth degree.

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    So if my entrance doesnt have a sign or I dont see it im technically ok?

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    Quote Originally Posted by 901-Memphis View Post
    So if my entrance doesnt have a sign or I dont see it im technically ok?
    Well, if there is no sign, then obviously the law would not apply.

    If there is a sign in a non-conspicuous location, it wouldn't qualify under the law.

    But if there is a sign in a "conspicuous location" that you don't see, then perhaps you should reconsider the whole carrying a weapon in the first place. And also reconsider driving to the mall.

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    Let's discuss the legal definiton of 'conspicuous' as it pertains to ohio law then shall we?

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    Quote Originally Posted by 901-Memphis View Post
    Let's discuss the legal definiton of 'conspicuous' as it pertains to ohio law then shall we?
    The common "gun buster sign", posted on or next to a door or entrance meets the requirement.

    Signs or warnings, either out of view, in areas to which the public has no access (employee bulletin boards, etc.) or inconspicuously mixed in with other mundane information wouldn't qualify.

    Again, if asked to leave, you must. If a reasonable person would not know that carry is prohibited by the owners before entering, you cannot be prosecuted.

    Posted parking lots are different. Disobeying those signs is civil trespass... IF they find out. If asked to leave, you must or it becomes criminal trespass. Unless you're waving your firearm around in the parking lot, how would they know you have it?

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    I'd look at it from a different angle...

    (3) (a) Except as provided in division (C)(3)(b) of this section, the owner or person in control of private land or premises, and a private person or entity leasing land or premises owned by the state, the United States, or a political subdivision of the state or the United States, may post a sign in a conspicuous location on that land or on those premises prohibiting persons from carrying firearms or concealed firearms on or onto that land or those premises. Except as otherwise provided in this division, a person who knowingly violates a posted prohibition of that nature is guilty of criminal trespass in violation of division (A)(4) of section 2911.21

    If you don't look for and see a sign your not knowingly violating the law.
    Then if they ask you to leave... leave.

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