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Author’s note: this is part 14 in a series of educational posts I am going to write about State of Ohio and federal weapon and firearm laws. Part 1 can be found here. There is a list of the previous articles at the bottom (or side, depending on your device) of the page. This post does not offer legal advice. I am not a lawyer. I am a Certified Firearm Specialist through the International Firearm Specialist Academy and the State of Ohio certifies me to teach Ohio’s weapon laws in the Basic Police Academy. I’ve spent quite a bit of time studying federal law and Ohio’s laws in 30 years on the job. More than anything, this series of posts is an attempt to educate people on portions of the law and to show them where they can find the laws so that they can educate themselves further. Please consult with an attorney who specializes in firearms and weapons law if you have questions that require a legal opinion. If you are a law enforcement officer, check with your jurisdiction’s legal counsel for guidance. And remember, not all attorneys are created equal. And keep in mind that laws, interpretations of laws and definitions change. So what was current at the time I published this article may have changed over time.
Since permit-less carry became legal a few years ago, fewer people are going through the process of obtaining their Concealed Handgun License (CHL). However, if you do plan on going through the process to get your CHL, there a couple of statutes within the Ohio Revised Code that you want to be aware of. First, under 2921.13 it is a 4th degree felony to lie on your CHL application. Or to present a certificate of competency that is false or fictitious. And remember, a 4th degree felony conviction would ban someone from owning firearms under federal law. Answering the questions on the CHL application may get tricky if you have had convictions expunged or sealed. If you have ever had a conviction sealed or expunged, my advice is to talk with an attorney before you submit any paperwork for a CHL.
Second, 2923.1211 makes it a felony to alter a CHL and a misdemeanor to be in possession of a suspended or revoked CHL.
Now let’s talk about Ohio Revised Code 2923.1212. 2923.1212 requires certain entities to post no weapon signs in “one or more conspicuous locations”. Now, in order to understand 2923.1212 you must understand 2923.126(B). If you remember back to earlier articles, you’ll remember that 2923.126(B) is where the prohibited carry locations are listed. With that in mind – 2923.1212 requires the prohibited locations listed in 2923.126(B) to post signs with language that is substantially similar to the following: “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.”
Now, 2923.1212 has changed over the years. When it was first passed into law in 2014, it spelled out which political subdivisions of the state, courts, schools and day cares had to post these signs. When the legislature “simplified” it in 2019, they actually changed who it applied to. I’m not sure if that was intentional or not, but I have to wonder if they actually knew what they were passing. In the 2019 revision they passed, they specifically linked the signs to the prohibited locations in 2923.126(B). Locations that were not covered under the original version of 2923.1212 that are now required to post these signs include: liquor establishments, colleges and universities and places that are prohibited due to federal law. Can a state require the federal government to do something?
I understand the intent of 2923.1212 – to make it easy for people to know that they cannot carry a concealed handgun into that location. However, I think the manner in which they attempted this is flawed. Which leads me to a theoretical legal conundrum regarding the open carry of firearms that I would like you to consider. Now, before I explain the conundrum, let me make sure I’m clear about one thing – I am not encouraging anyone to be the test case for this conundrum. I just want you to consider the conundrum and then think about the ridiculousness of how these laws are written.
Over the last twenty years I’ve been asked on more than one occasion whether or not open carry was legal in government buildings. And the answer I always gave was what our prosecutor told me – no, it isn’t. But is it really illegal? Bear with me as I walk you through this confusing mess known as the Ohio Revised Code.
First, the groundwork. We know that Ohio Revised Code 9.68 codifies the fact that open carry is a legal activity. “Except as specifically provided by the United States Constitution, Ohio Constitution, state law, or federal law, a person, without further license, permission, restriction, delay, or process, including by any ordinance, rule, regulation, resolution, practice, or other action or any threat of citation, prosecution, or other legal process, may…..carry…..any firearm…” 9.68 goes on to clarify – “The….. carrying of firearms …… include, but are not limited to ….. carrying, openly or concealed on a person’s person or concealed ready at hand, of firearms……”
9.68 also establishes the concept of preemption – meaning state law is paramount and local ordinances restricting firearms can only happen if the state allows it. This has been ruled on by the Ohio Supreme Court more than once.
It is pretty clear that 9.68 establishes open carry is legal UNLESS it is restricted by state (or federal) law in some manner. Now let’s move to Chapter 2923 of the Revised Code and see what it says about open carry. It is important to look at the specific language in the different sections of Chapter 2923. For example, 2923.12 specifically bans CONCEALED carry in the prohibited locations listed in 2923.126(B). Other sections of 2923 have a broader ban than concealed carry:
.121 bans “firearms” in certain liquor establishments with no reference to concealed pistols
.122 bans “deadly weapons and dangerous ordnance” in school zones with no reference to concealed pistols
.123 bans “deadly weapons and dangerous ordnance” in courthouse with no reference to concealed pistols
2923.126(B) specifically bans the carrying of “concealed handguns”: “ A valid license does not authorize the licensee to carry a concealed handgun into any of the following places…” These places include government buildings.
And finally, let’s look at 2923.1212. This section requires certain people/organizations in control of “any place or premises identified in division (B) of section 2923.126 of the Revised Code as a place into which a valid license does not authorize the licensee to carry a concealed handgun…” to put up no guns signs. However, the language this section requires for the sign is broader than what 2923.126 requires. Instead of prohibiting “concealed handguns”, the language requires the terms “deadly weapon or dangerous ordnance”. So we have a sign that prohibits (with a few exceptions) carrying not only concealed handguns, but deadly weapons and dangerous ordnance – which is not supported by any other section of the Ohio Revised Code. More importantly, 2923.1212 does not prohibit a person/concealed handgun licensee from doing anything. It just tells certain people/organizations they have to put signs up.
Here’s an example to help you understand where I’m coming from: in the City that I work in, the police department and the court are not in the same building as the rest of the City offices. Since there is no court or courtroom in the City Administration Building, the general ban on “deadly weapons and dangerous ordnance” under 2923.121 does not apply. The only portions of the law that apply to the Administration Building would be the ban of concealed handguns under 2923.12 and 2923.126(B).
So, I ask you this – if 9.68 says that open carry is legal unless a law specifically says otherwise, and 2923.12 and 2923.126 only specifically ban concealed handguns from prohibited locations, is there a blanket prohibition on the open carry of firearms into most government buildings? I would argue that there is NOT a blanket prohibition on open carry in government buildings. But I’m just one cop amongst over 20,000 cops in Ohio. Judges and/or juries would ultimately have to decide.
In previous articles I’ve mentioned that the Supreme Court of the United States decision in Bruen is changing the landscape of firearm laws across the country every day. Here is a great example of what I mean by that.
