"Unless authorized by law" - Page 2
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Thread: "Unless authorized by law"

  1. #11

    Being prudent while carrying concealed.

    The codes are pretty specific as noted below exempt specific persons from restricted carry and they are not CHL holders, so if you see a sign prohibiting you will need to comply or be in violation of one if not more Ohio Revised Codes.

    Lawriter - ORC - 2923.1212 [Effective Until 1/1/2014] Signage prohibiting concealed handguns.

    “The following persons, boards, and entities, or designees, shall post in the following locations a sign that contains a statement in substantially the following form: "Unless otherwise authorized by law, pursuant to the 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.":

    This shows that the verbiage must be specific to apply to law to the circumstances in order for the law to apply.

    Lawriter - ORC - 2923.122 Illegal conveyance or possession of deadly weapon or dangerous ordnance or of object indistinguishable from firearm in school safety zone.

    (D)
    (1) This section does not apply to any of the following:
    (a) An officer, agent, or employee of this or any other state or the United States, or a law enforcement officer, who is authorized to carry deadly weapons or dangerous ordnance and is acting within the scope of the officer's, agent's, or employee's duties, a security officer employed by a board of education or governing body of a school during the time that the security officer is on duty pursuant to that contract of employment, or any other person who has written authorization from the board of education or governing body of a school to convey deadly weapons or dangerous ordnance into a school safety zone or to possess a deadly weapon or dangerous ordnance in a school safety zone and who conveys or possesses the deadly weapon or dangerous ordnance in accordance with that authorization;
    (b) Any person who is employed in this state, who is authorized to carry deadly weapons or dangerous ordnance, and who is subject to and in compliance with the requirements of section 109.801 of the Revised Code, unless the appointing authority of the person has expressly specified that the exemption provided in division (D)(1)(b) of this section does not apply to the person.
    I'd rather be a Conservative Nutjob. Than a Liberal with NO Nuts & NO Job

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  3. Quote Originally Posted by Axeanda45 View Post
    ...the Constitution of the US and Ohio's Constitution both say SHALL NOT BE INFRINGED...That to me says everyone is Authorized BY LAW.......
    The US constitution's language only applies to governments, not private nongovernmental actions. That's probably the case with Ohio's constitution as well. And the "shall not be infringed" language is hardly universal and absolute.

  4. #13
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    Quote Originally Posted by TroutStalker View Post
    Same in my home state of WV. They don't carry the force of law.
    I'm origionally from WV and didn't know that and I was a CC permit holder for many years. Thanks for educating me.

  5. #14
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    Unfortunately, here in WI, signage (if meets criteria) does carry the force of law.

  6. #15
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    Quote Originally Posted by nosreme View Post
    The US constitution's language only applies to governments, not private nongovernmental actions. That's probably the case with Ohio's constitution as well. And the "shall not be infringed" language is hardly universal and absolute.
    In this situation/topic it applies to business properties and such... Their property "RULES" are not "LAWS"..... As such, the "unless otherwise prohibited by law" means that ANYONE can carry on those properties WITHOUT being "unlawful", because despite what you say, the FACT is, SHALL NOT BE INFRINGED is THE LAW even though these govt's have passed "laws" that are in direct violation of their power to do so...

  7. #16

    "Unless authorized by law"

    Not familiar with Ohio Law but I'd be careful with this. In a 2011 decision in Oregon State Court of Appeals, they found that being a CCW holder DID NOT mean your were "authorized by law" to carry in places that restricted it "unless authorized by law." The case was between the Oregon Firearms Educational Foundation and the Oregon Board of Higher Education, regarding a rule the Board instated restricting the carry of firearms on University campuses and it's possible violation of Oregon's preemption statute. The Foundation made their case around several points, one being the phrase in the rule "unless authorized by law," and the fact that a CCW holder should be considered "authorized by law." That argument was shot down but the rule was, in the end, invalidated as being in violation of the preemption statute.

  8. #17
    Interesting topic. In the Colorado Theater slaughter no firearms were allowed. We know how that turned out. In Utah there are some stores and at least one movie chain that have signs saying no weapons. They do not carry the weight of law in Utah. And I ALWAYS carry in the damn theater that bans weapons. Concealed of course. Some person comes into a supposedly unarmed theater in Utah looking for unarmed victims - he/she is the most likely to be slaughtered.
    Typos are for the entertainment of the reader. Don't let it go to your head!

  9. Quote Originally Posted by Axeanda45 View Post
    ...the FACT is, SHALL NOT BE INFRINGED is THE LAW even though these govt's have passed "laws" that are in direct violation of their power to do so...
    It's a never-ending source of amusement (and dismay) in certain gun forums to see how those who read constitutional language in complete ignorance of the principles and history of constitutional interpretation lecture those of us who have done that professionally for many, many years. But then there are those for whom slogans that lend themselves to bumper stickers and t-shirts mean more than inconvenient reality about how the law really works. Certainly there's a lot less thinking involved.

  10. #19
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    Quote Originally Posted by nosreme View Post
    It's a never-ending source of amusement (and dismay) in certain gun forums to see how those who read constitutional language in complete ignorance of the principles and history of constitutional interpretation lecture those of us who have done that professionally for many, many years. But then there are those for whom slogans that lend themselves to bumper stickers and t-shirts mean more than inconvenient reality about how the law really works. Certainly there's a lot less thinking involved.
    The legal system in this country is corrupt and broken just like the political system. In fact, they are becoming one in the same. "How the law works" is the whole problem. You can come off all indignant and attempt to insult others as much as you want, but the truth is, you are trolling. I just do not understand how it can be anything else. It would be "ignorant" to think differently because if I were on a website where the posts bothered me as these appear to bother you, I would just leave. After all, why on earth would such an intellectually superior being such as yourself bother with us low life cretins in the first place?


    I used to be a government-educated stooge. By the grace of God, I repent. -Robert Burris

  11. #20
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    Believe you are free to carry under the second amendment. Should produce some interesting results if every American started carrying.

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