Firearms in parking lot (OHIO)

The area of my concern that you guys are missing is illustrating in the parking lot area issue. If one can carry legally, go to work everyday, get to work and park your car, and the place of work says no guns allow, then how is one suppose to bear arms daily? Legally that is.

Therefore, I ask is the rule (parking lot) constitutional, say as in a federal institution? No one is dictating anything on private property, the owner can tell someone to leave. That's fine but if one cannot leave weapons in vehicle, then the right to bear arms has been infringed. That's my opinion.
 
To my knowledge, there were no rules concerning concealed or open carry at that time, anywhere. I'm sure there were places where people carried their muskets to church, for self protection in the event of an Indian attack.

Firearms at that time were not very capable of being concealed, as you'd have to had a powder horn (or some vessel carrying black powder) and balls along to reload. Pistols were more for duels, or close contact battles military officers might face, such as ship commanders. Infantry officers generally were armed with swords.

How exactly do you conceal a Kentucky Long Rifle?
 
The area of my concern that you guys are missing is illustrating in the parking lot area issue. If one can carry legally, go to work everyday, get to work and park your car, and the place of work says no guns allow, then how is one suppose to bear arms daily? Legally that is.

Therefore, I ask is the rule (parking lot) constitutional, say as in a federal institution? No one is dictating anything on private property, the owner can tell someone to leave. That's fine but if one cannot leave weapons in vehicle, then the right to bear arms has been infringed. That's my opinion.
Click to expand...

Nobody is missing that area. Parking space ownership is dictated by state law. In Texas the employer has ownership of that lot. In FL I believe it's considered public area (outside specific exemptions).

I advise my employees that any CHL (CCW) or those who carry only in their vehicle allowed by TX state law to park off property and obviously leave their weapon in their vehicle.
 
The COTUS has not be found to override employer policies or private property ban signs. If you think it does, head to the SCOTUS.

We have debated this intensively before as to whether property rights trumps the right of self-defense. Some say yes and some say no.

You might search on this. Businesses don't have absolutely control so file suit rather than insisting it's your way. Wait for the next 5/4 - but which way?
 
In Florida, the law has changed to allow for weapons in cars at work except for Disney I think. The constitutionality issue is on Federal parking lots where I think the government is wrong to ban it. Just as it was wrong when the ban was in the National parks. Pres. Bush changed that. Someone will eventually challenge it (parking lots) in the courts. Ohio? I'm ignorant there.
 
Minor Threat said:
Are there any Ohio gun-law attorneys here? I just need an answer.
Click to expand...

I am an Ohio attorney who represents a number of employers.

As I may have indicated earlier, the issue you raise is not a gun rights issue in Ohio, but an issue of at-will employment.


Also, this board is a great resource for keeping up on 2d Am developments. However, I wouldn't use an internet message board for a legal opinion on which my employment depends.
 
The best route for parking lots is legislative. But be aware that business will be dead set against it. They have money and tremendous lobbying power.

Oh, businesses are conservative - yep, economically conservative. In TX, the TSRA clearly pointed out that parking lot carry was killed by business and not antis (who are politically weak).
 
You must log in or register to reply here.
Back
Top