Do you carry in a "gun-free zone?

[old curmudgeon]

7. Even with a permit, you may not carry a concealed handgun in the following areas:
a. Any law enforcement or correctional facility;
b. Any space occupied by state or federal employees;
c. Any premises where the carrying of a concealed handgun is prohibited by the posting of
a statement by the controller of the premises;

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Direct quote from the North Carolina statutes.

Therefore, definitely against the law.

As for "Who would know", what would happen if there was excitement of some kind that caused the cops to be called and they felt it necessary to interview or even search everyone in the area to determine who was and who was not the bad guy?

That would put you in a hot spot.

Sorry to say that NC law is so complex that it is difficult to carry all day without being forced to leave it in your vehicle at times, which is dangerous.

And the thing about not being able to carry in a high grade restaurant is really stupid.

What they are saying is that it is perfectly acceptable to be killed by a drunk. Just relax and accept it.

 

[Tomkat]

As a responsible citizen, I try to abide by all laws, even those with which I disagree. I also try to recognize other people's private property rights. Maybe it makes me a hypocrite; but, if I were to see a "no guns" sign, and it is not a criminal violation to carry there, I would carry concealed. I feel if they become aware of the fact I'm carrying, then I have violated their private property rights. They would only become aware of my violating their rights if the situation arose where I needed to use my weapon. I would then readily accept the consequences of my actions because the alternative would have been much worse.

 

[18DAI]

I advocate legal carry of handguns and encourage folks to be aware of all federal and local laws.

That said, if I'm standing in it, it ain't a gun free zone. YMMV. Regards 18DAI

 

[BuckeyeChuck]

In OHIO it's a CIVIL TRESPASS issue, not a criminal one.

Ohio Revised Code is more detailed than this.

If you carry in a GFZ that is specifically enumerated by law, you may be charged with a criminal offense. Examples of these GFZs are schools, police stations, courthouses, etc. In fact, if you carry into those places, I highly doubt you will be able to escape criminal prosecution. I'm pretty sure the charge for violations of this type will be a felony.

Ohio Revised Code says the following in section 2923.126, regarding penalties for carrying on posted private property:

(3) (a) Except as provided in division (C)(3)(b) of this section, 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. Except as otherwise provided in this division, 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. If a person knowingly violates a posted prohibition of that nature and the posted land or premises primarily was a parking lot or other parking facility, the person is not guilty of criminal trespass in violation of division (A)(4) of section 2911.21 of the Revised Code and instead is subject only to a civil cause of action for trespass based on the violation.
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If you knowingly carry into privately-owned posted premises, you are guilty of a fourth-degree misdemeanor. There seems to be a belief that you are guilty if you carry into a posted premise and refuse to leave after asked to depart, but I can't find any reference to that in the ORC. However, I'm no attorney so people who actually know better and can point to the statute should correct me.

As the quoted section says, if you carry onto a privately-owned parking lot, there is no criminal offense, but you can be sued civilly. Page 16 of Mike DeWine's Ohio's Concealed Carry Laws and License Application warns on this matter:

Ohio law provides that a person who knowingly violates a posted prohibition of a parking lot or other parking facility is not guilty of criminal trespass but is liable for a civil cause of action for trespass. ​

 

[Moonman]

Chuck,

The attorney, (Prosecutors Office) that is also an NRA CERTIFIED INSTRUCTOR, that does a session in our club on Current Ohio Law and LEGAL INTERPRETATIONS in our county. (not all Ohio's 88 county Sheriff's interpret the Ohio CCW Law exactly the same.)

Recently our club sponsored a Local COMMUNITY Seminar where he and a Lead Criminal Prosecutor gave a 3 hour talk about CCW.

Their opinions on Ohio CCW is that it is somewhat new (2004), and it takes YEARS FOR EVERYTHING to completely advance through the Legal system with test cases that somewhat absolutely solidify CASE LAW, we would hope, until the law is revised again.

MOONMAN

 

[rebel0994]

In Ga my understanding is that where no firearms is posted, the worse thing that can happen is if they see you carrying, they can ask you to leave. If at that point you leave, that is the end of it, if you stay they can charge you with trespassing. I carry concealed, and this has never been an issue. If anyone has to see my gun, it is because I've had to use it, and I am willing to pay the consequences in that situation.

 

[BuckeyeChuck]

Moonman, I don't understand the point you're trying to make in your most recent post. My latest post was offered to correct a glaring inaccuracy, namely that in Ohio failure to comply with the law governing concealed carry in a posted establishment is not a criminal issue. This is factually incorrect. It is a criminal issue. I have provided the specific section of Ohio Revised Code and while legalese is not always easy to read, this section is.

Regarding case law, I'm sure that plenty of that will be built up over the years, but this section of Ohio Revised Code is unambiguous: if you knowingly carry a concealed handgun into posted private premises, you are guilty of a misdemeanor.

 

[Moonman]

Chuck,

I'm not trying to start an argument.

STATUES are words on paper, when they actually become subject to test cases and finally are adjudicated at the state Supreme Court or Federal Supreme Court level they are still subject to different interpretations. That's how Attorneys and Judges make their money.

You could have legal problems with a statute and a higher court strikes it down, things can be complicated at times, take the interpretation of drug use items, NOT all LEO'S see things the same way.

I'm Tired, but here's another analogy, say you were doing 115 mph on I-71, one LEO might just buy your story of why you were doing 115, another might immediately jail you. What's the statute say.

 

[rangemeister]

The poll should have added another response, "situational", I carry everywhere and everplace I go. What I do when I get to one of the gun free zones is determined by the "situation". Those of you that live in a small community where there is only one theater for miles, it is posted, what do you do? Each person must decide on his/her own as to best action for them personally. My daughter is a nurse and working at night is a problem as she cannot lawfully carry her gun even into the dimly lit parking lot. Well, as every parent will attest, while we try to get rules changed through proper channels, I DO NOT WANT my child unable to protect herself in a dark parking lot trying to earn herself a decent life. I could on and on about this, but I believe most of you know what I am taking about.