URGENT UPDATE! Local Village Attempting Open Carry Ban (NE Ohio) - click on the "Read More..." link below for information.
Some public officials may be guilty of violating Ohio's new concealed carry law before it even takes effect.
On February 2, the Akron Beacon Journal reported that Summit County Executive James McCarthy issued an executive order "prohibiting guns in all county buildings and vehicles and on county property."
On February 12, the Delphos Herald reported that the Delphos liberary Board of Trustees "passed a resolution stating the library does not permit weapons of any kind, either concealed or in plain view, on its property or in its buildings, unless the owner of the weapon is a law enforcement officer."
These officials may be guilty of violating Ohio law, or even the Ohio Constitution, as interpreted by the recent Ohio Supreme Court ruling. Consider Section 9 of the Act (House Bill 12), which states as follows:
- The General Assembly finds that licenses to carry concealed handguns are a matter of statewide concern and wishes to ensure uniformity throughout the state regarding the qualifications for a person to hold a license to carry a concealed handgun and the authority granted to a person holding a license of that nature. It is the intent of the General Assembly in amending sections 1547.69, 2911.21, 2921.13, 2923.12, 2923.121, 2923.123, 2923.16, 2953.32, and 4749.10 and enacting sections 109.69, 109.731, 311.41, 311.42, and 2923.124 to 2923.1213 of the Revised Code to enact laws of a general nature, and, by enacting those laws of a general nature, the state occupies and preempts the field of issuing licenses to carry a concealed handgun and the validity of licenses of that nature. No municipal corporation may adopt or continue in existence any ordinance, and no township may adopt or continue in existence any resolution, that is in conflict with those sections, including, but not limited to, any ordinance or resolution that attempts to restrict the places where a person possessing a valid license to carry a concealed handgun may carry a handgun concealed. (emphasis added)
Under 2923.126, CHL-holders are prohibited from carrying weapons in state, county, or municipal buildings only. County property is not included under HB12, and to extend the ban beyond the building walls is a direct violation of Section 9. Furthermore, openly carrying firearms is still legal in our state. An outright ban of firearms in these locations may also be in violation of the state Constitution.
Ohioans For Concealed Carry is already in consulations with an attorney on these matters. This should serve as fair notice to other city officials considering the possibility of enacting similar rules in their towns - OFCC will consider any attempts to preempt state's new CHL law with utmost seriousness.
