Yes, you can carry guns at county fairs, says Attorney General Yost

Ohio Attorney General Dave Yost has issued an opinion on whether county agricultural societies have the authority to restrict guns at county fairs, and it boils down to this: No, they don't.

Champaign County prosecuting attorney Kevin Talebi had sought an official opinion from Yost on whether the Champaign County Agricultural Society is a political subdivision in regard to Ohio's preemption law on firearms (ORC 9.68).

If it isn't a political subdivision, ORC 9.68 wouldn't necessarily apply, and the ag society might have some authority to prohibit open carry and concealed carry of firearms on its premises — outside buildings — during the Champaign County Fair and other times throughout the year.

But it is a political subdivision, so it cannot prohibit firearms, Yost said. However, the opinion applies only to outdoor areas, and there may still be restrictions on carrying inside buildings on fairgrounds.

"For the reasons that follow, I find that a county agricultural society organized under R.C. Chapter 1711 is a political subdivision for purposes of R.C. 9.68," Yost wrote in his opinion dated July 28.

Per Yost's opinion:

You have advised a member of my staff that the Champaign County Agricultural Society is controlled by twenty-six board members elected by the society’s membership. The agricultural society owns the land and buildings that constitute the Champaign County Fair Grounds in Urbana, Ohio. It controls and manages the fairgrounds, and it contracts with the county sheriff to provide law enforcement services on the grounds.

You further related that the Champaign County Agricultural Society has implemented specific rules limiting the open and concealed carry of firearms on its premises. The issue your question seeks to resolve is whether a county agricultural society is a “political subdivision” for purposes of R.C. 9.68 and thus subject to that statute’s requirements. You are requesting a formal opinion on this matter in order to properly advise the county sheriff of his responsibilities regarding enforcement of the agricultural society’s rules.

Yost made it clear the state law serves two purposes: to affirm an individual right to keep and bear arms and to apply uniform laws throughout the state with respect to guns and knives.

Yost said a county ag society is "a creature of statute" that derives its existence, powers, responsibilities, and limitations from state law (ORC 1711 and 1711.13), pointing out that the ag societies are "hereby declared bodies corporate and politic."

Yost pointed to a pair of court cases:

County agricultural societies have been determined to be political subdivisions in at least two court decisions. The 11th District Court of Appeals, without detailed analysis, held the Portage County Agricultural Society to be a political subdivision for purposes of bidding on public contracts under R.C. 153.54. Griffith v. Portage Cty. Agricultural Soc., 1992 Ohio App. LEXIS 2774 (11th Dist. May 29, 1992).

The Ohio Supreme Court in Greene Cty. Agricultural Soc. v. Liming, 89 Ohio St.3d 551, 556 (2000), held that a county agricultural society is a political subdivision for purposes of tort liability even though it is not specifically listed as such in the definitional section of R.C. 2744.01. In reaching its decision, the Court looked to the three additional characteristics of a political subdivision stated in that statute: to be a political sub division, an entity must be a (1) “body corporate and politic” (2) that is responsible for governmental activities (3) in a geographical area smaller than the state. Id. at 554.

Buckeye Firearms Association executive director Dean Rieck welcomed the opinion but was not surprised by it.

"Every summer, people contact us asking about whether they can carry at county fairs," Rieck said. "It's been a confusing and contentious issue.

"So a couple years ago, we took the issue to the attorney general and even spoke to fair groups about regulations and respecting Ohio's gun laws. We're glad to see some clarity on this."

Last year, BFA worked with Yost's office to clarify a similar issue regarding law-enforcement officers' right to carry concealed weapons at public events and establishments, regardless of whether they are on duty. That includes restaurants, hotels, sports venues, and amusement parks.