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Written by Webmaster
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Apr 01, 2007 at 07:52 PM |
First, we make no claim as to be lawyers and any reference to the Ohio Revised Code is from a layperesons reference. DO NOT rely on what is presented here as an acceptable view in a court of law, please consult an attorney for "real" legal advise.
Having said this, it seems that the Ohio Revised Code assesses Crininal Trespassing as the crime for carrying a concealed handgun onto private land or premises with a posted prohibition, unless the land is a child care center, church, Liquor Establishment or other as found in 2923.126(B) ;
Exceprted from ORC 2923.126 C3
(3) The owner or person in control of private land or premises, and a private person or entity leasing land or premises owned by the state, the United States, or a political subdivision of the state or the United States, may post a sign in a conspicuous location on that land or on those premises prohibiting persons from carrying firearms or concealed firearms on or onto that land or those premises. A person who knowingly violates a posted prohibition of that nature is guilty of criminal trespass in violation of division (A)(4) of section 2911.21 of the Revised Code and is guilty of a misdemeanor of the fourth degree.
Criminal Trespassing as described in the Ohio Revised Code;
§ 2911.21. Criminal trespass.
(A) No person, without privilege to do so, shall do any of the following:
(1) Knowingly enter or remain on the land or premises of another;
(2) Knowingly enter or remain on the land or premises of another, the use of which is lawfully restricted to certain persons, purposes, modes, or hours, when the offender knows the offender is in violation of any such restriction or is reckless in that regard;
(3) Recklessly enter or remain on the land or premises of another, as to which notice against unauthorized access or presence is given by actual communication to the offender, or in a manner prescribed by law, or by posting in a manner reasonably calculated to come to the attention of potential intruders, or by fencing or other enclosure manifestly designed to restrict access;
(4) Being on the land or premises of another, negligently fail or refuse to leave upon being notified by signage posted in a conspicuous place or otherwise being notified to do so by the owner or occupant, or the agent or servant of either.
(B) It is no defense to a charge under this section that the land or premises involved was owned, controlled, or in custody of a public agency.
(C) It is no defense to a charge under this section that the offender was authorized to enter or remain on the land or premises involved, when such authorization was secured by deception.
(D) Whoever violates this section is guilty of criminal trespass, a misdemeanor of the fourth degree.
(E) As used in this section, "land or premises" includes any land, building, structure, or place belonging to, controlled by, or in custody of another, and any separate enclosure or room, or portion thereof.
HISTORY: 134 v H 511. Eff 1-1-74; 150 v H 12, § 1, eff. 4-8-04.
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Last Updated ( Jun 17, 2007 at 12:46 PM )
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