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Old February 4, 2006, 10:48 PM   #1
Nytelyte
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Join Date: September 28, 2005
Location: Columbus, OH
Posts: 144
CCW Clarification (Mall)

In Ohio, is it legal to carry in a mall with a valid CCW permit? There are none of those dadblurned signs on the premise. I ask because I thought it was, but my friend, who is an "expert* (self proclaimed, and must always be taken with a grain of salt) persists that is is a "place of public gathering," and thus illegal. Even further, he spoke to a mall security guard who told him that they arrest ccw holders "all the time."
At this point I don't know what to think. I am fairly new to CCW, just got it about 1 mo ago. I don't think he is right, however it is enough to throw the shadow of doubt, and I really don't want problems. Whether or not I choose to follow the law or not is my choice, concealed means concealed, and I am not asking for the ok from anyone, but I want to know what, if anything, I am/would be getting into, be it right or wrong. I searched Packing.org and could not find anything. Pretty much, I want a sentence ... Ohio..mall...legal/illegal.

One step further, what about theaters?
Thanks in advance,
Nytelyte
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Old February 4, 2006, 11:59 PM   #2
ghostrider_tx
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Howdy Nytelyte
You might try the following site and then if you have any questions contact the Attorney Generals office.http://www.ag.state.oh.us/le/prevent...0040319-72.pdf

Some states have some really bizarre carry laws. According to the above site;there is only 3 ways to carry concealed and loaded in an auto in Ohio. 1 On your person in a holster in PLAIN SIGHT. 2 Locked in a case in PLAIN SIGHT. 3 Locked in a glove box or trunk. REALLY strange laws.:barf:
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Old February 5, 2006, 01:05 AM   #3
Garand Illusion
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Location: Colorado
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Here is the summary from packing.org. Probably want to follow the links to read the law yourself.

Quote:
Date updated: Jul 28, 2005 @ 11:15 pm

Sec. 2923.126. (B) … does not authorize the licensee to carry a firearm

A Police Station.
Sheriff’s Office
State Highway Patrol Station
Premises controlled by the Bureau of Criminal Identification and Investigation,
State Correctional Institution, Jail, Workhouse, or other Detention Facility,
Airport Passenger Terminal,
School
Courthouse or building that Houses a Court.
Public or Private College/University (May keep locked in Vehicle in Packing lot)
House of Worship.
Child Day-Care Center.
Any and all areas of a building that is owned or leased by this state or any political subdivision of this state,
A place in which federal law prohibits the carrying of handguns.
ยง 2923.121 Illegal possession of firearm in liquor permit premises.

(A) No person shall possess a firearm in any room in which liquor is being dispensed in premises for which a D permit has been issued under Chapter 4303. of the Revised Code.
Just wanted to add ... I bed a bunch of private security guards are having CCW holders arrested "all the time." How would they know when people are carrying?
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Old February 5, 2006, 04:10 AM   #4
#18indycolts
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Location: Indpls
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couldn't anywhere outside your house be considered a "place of public gathering?"
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Old February 5, 2006, 09:49 AM   #5
Dust_Devil
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Join Date: August 5, 2005
Location: Arizona
Posts: 235
There is nothing saying that CCW is restricted at shopping malls. Like #18indycolts is asking, what defines "a place of public gathering"? That can mean anyplace.
The whole thought that all these "CONCEALED" weapons are discovered and people are arrested doesn't seem accurate. If you know of anyone who had been arrested for carrying a concealed weapon, ask them how the gun was discovered.
From what I can tell, you're good to go with CCW in malls unless the shopping mall posts signs saying you cannot.
Does anyone know of any places where it it illegal to carrying firearms that does not clearly state on a sign that it is illegal to bring firearms on the property?
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Old February 6, 2006, 01:03 PM   #6
Ares45
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Join Date: May 2, 2005
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Can't speak for your state but I posed the same question to my CCW instructor/retired LEO. He responded that the public gathering clause was intended for things like the local Fun Fourth (July 4th) block party or any public assembly, rally, protest, or otherwise ORGANIZED assembly. He also added that a good qualifier was the orgainzation of a group that gathered for a SINGLE goal or purpose. FWIW, the mall is completly legal here. I make it a habit of avoiding the local mall like the plague but if I find myself in the parking lot I'll be foraging for an additional spare mag, OC spray and a BUG, and hopefully a team mate to cover my six.
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Old February 6, 2006, 02:36 PM   #7
MeanStreaker
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Join Date: September 21, 2005
Location: Dayton, OH
Posts: 45
Malls in Ohio are not mandated CPZ's, but they can post just like any other private business in any way they choose. A mall in the Dayton, OH area has no signs on any of their doors (that I have seen) but Rule #1 on a "Standards of Conduct" sign sitting in the middle of the hallway just inside most doors says "it is illegal to carry a firearm even with a valid permit" (or something very similar).

In order for someone with a valid CHL to be illegally carrying in a posted business in Ohio, the licensee must knowingly disregard signs. This is why I didn't name the specific mall, so all southwest Ohioans officially don't know which Dayton mall is posted, as there are a few in the area.

My usual procedure for approaching a business while carrying is to look at the doors and surrounding area without breaking stride. If I can't see a sign, I happily enter. It was by pure dumb luck that I deviated from my routine and decided to check out this pedestal in the middle of the hallway. Of course, once I read the rules, I left.

A lot of people say their reaction to being stopped in a CPZ that they know is posted will be, "Sign? What sign?" Personally, I wouldn't be comfortable giving a statement under oath that I didn't see a sign when I actually did.
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