Visitors, Employees and Ohio's New Concealed Carry Law

By John Lowe IV

The Ohio General Assembly passed Amended Substitute House Bill 12, which authorizes county sheriffs to issue licenses to people who want to carry concealed handguns. On January 8, 2004, Governor Taft signed the bill, and it will become effective in early April, 2004.

The law prohibits concealed handguns in most state and federal buildings. And, it allows private entities to prohibit guns by posting a sign:

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.

So if you don't want visitors to be able to lawfully carry concealed weapons on your property, you must post a sign that says something like, "Weapons Are Prohibited."

As for your employees, you don't need a sign, just a policy. The law states that it does not "negate or restrict a rule, policy, or practice of a private employer prohibiting the presence of firearms on the private employer's premises or property, including motor vehicles owned by the private employer."

So, if you don't want employees to be able to lawfully carrying concealed weapons on your property, you need to issue a policy prohibiting employees from bringing guns onto your property. Or, if you want your employees to be able to carry concealed weapons, simply don't have a policy.

The Legislature sought to protect employers from potential liability in deciding whether or not to allow employees to carry concealed weapons. The law states:

A private employer shall be immune from liability in a civil action for any injury, death, or loss to person or property that allegedly was caused by or related to a licensee bringing a handgun on the premises or property of the private employer, including motor vehicles owned by the private employer, unless the private employer acted with malicious purpose. A private employer is immune from liability in a civil action for any injury, death or loss to person or property that allegedly was caused by or related to the private employer's decision to permit a licensee to bring, or prohibit a licensee from bringing, a handgun onto the premises or property of the private employer.