3 Gun Law Myths…BUSTED! | Ohio

The following is a video transcript.

As part of my responsibilities to U.S. LawShield members, I may answer questions by phone and email. As a result of answering these questions, I have discovered there are some common myths among our members that I would like to address.

Myth Number One: Signs prohibiting firearms that are posted by private businesses are not enforceable.

Signage is enforceable in Ohio to the extent that you can be charged with a criminal trespass, a misdemeanor of the fourth degree, if you continue into that location with your firearm.

The problem and confusion seems to arise with language and location.

ORC § 2923.126 states they must be conspicuous and inform the person that firearms are prohibited. Just remember, this is going to boil down to interpretation. But they are technically enforceable and not just suggestions.

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Myth Number Two: I can consume alcohol and possess a firearm as long as I do not become intoxicated.

No. It amazes me that some people, and you’d be surprised how many have asked me about this, think it is okay to continue to carry their firearm and just have a beer or two—or have a few sips of wine here and there. Remember, it’s not like an OVI where .08 blood alcohol content is the threshold. Drunkenness does not have to be proven.

Myth Number Three: An old conviction does not count against you when applying for a handgun license.

The length of time since the conviction does not matter. It is going to have an effect on your application. It does not matter that it has been a long time or that you were a juvenile.

Unless you take steps to have the matter sealed and/or expunged and perhaps have relief granted from the disability (if the condition was such that it generated a weapons disability), then you will be unable to get through the application process successfully.

Now remember, you can call or email and get in touch with me through U.S. LawShield if you have any further questions about these topics or you want to discuss anything else. I look forward to speaking with you.

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Comment section

4 comments on “3 Gun Law Myths…BUSTED! | Ohio

  1. I have seen less no gun signs in establishments since I have my concealed carry permit. Maybe people are making establishment owners know that they don’t want to be exposed fish in a barrel to nut cases that intent on killing people.

  2. Has the term “conspicuous” been challenged in court? There is a business that I’ve been to that has a post-it note sized translucent sign posted on their glass door at ankle level. Could this be defendable if one had to fight a trespass charge?

  3. Will… it is a good question. I’ve had it come up before in my classes. The best advice is to err on the side of caution. If you see a sign that prohibits firearms then don’t patronize that company. If you must patronize them, then keep the firearm locked safely in your vehicle.

    If by chance you did not see the signage and as you say it was inconspicuous, then you should be ok… it does not mean you will not be breaking the law, if the police officer responding decides to cite you.

  4. Have a ? I was told that you are not aloud to have a loaded gun in your car when driving is this true thanks

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