Can I carry to work? [Archive] - Glock Talk

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jeanderson
08-10-2012, 06:25
Should be getting my CCW any day now. I have an unusual work situation that I would appreciate any input on:

The property on which I work is mostly owned by a university. And Ohio law states that you cannot carry concealed on:

Any premises owned or leased by any public or private college, university, or other institution of higher education, unless the handgun is in a locked motor vehicle or the licensee is in the immediate process of placing the handgun in a locked motor vehicle. Ohio code 2923.126(5)

The company I work for is on the second floor of a 5-story building. The first 2 floors are owned outright by a private company that leases space to my company.
My company, nor the private company that owns the 2 floors, has any direct affiliation with the university.
The university owns the land, the top 3 floors and operates security for the building and parking lot.
There are no posted no-gun signs anywhere.
From the law, it is clear I can carry my gun in my car, and park it on their property as long as my car is locked. But, can I carry into my place of work?

ParisArms
08-10-2012, 06:41
If the university owns the land then as I understand it no. You are better then me as I can not even have a weapon in my car on university own property.


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cloudbuster
08-10-2012, 10:03
The first 2 floors are owned outright by a private company that leases space to my company.

That really muddies the water a bit. If they own it, they own it, I'd think, and it's not university property within those floors. It's like when you own a condo: the condo association may own the grounds, but the property of the interior of the condo is completely, legally yours, and you have all ownership rights that implies.

You could try to get a written opinion from the Ohio AG's office. You might also try posing this question to the people at buckeyefirearms.org, and ohioccw.org -- they've got a lot of expertise with our specific state law.

Other than that, anything you get here is worth what any internet advice is. Anything short of a written opinion from the Ohio AG really won't mean a lot if you ever end up in court over it.

Personally, I don't trust that the opinion you'd get from the AG would necessarily be correct, but if you ask, you're committing yourself to it. They may take the safest (for them) statist interpretation and tell you no, even though a good lawyer could prevail in court on the grounds that a private company owns the building property within which you're carrying, regardless of who owns the land. Tough call.

dudel
08-10-2012, 16:10
Who's property are you on when you walk between your desk and your car?

Bruce M
08-10-2012, 17:34
Congratulations on your CCW license/permit. As suggested, legal advice obtained for free is generally worth that or less. My guess is that your employer might have a potential say in the matter also (or you have a say if it is your company.) If they back you up (or you wish to and own it) my guess is that you would be on slightly firmer ground than if they were to say no, if asked.

And that said since you clearly have to go through some areas they own or at least secure, the less frequently you carry on their portion, the safer you would be from a potential problem. Which is perhaps a long way of suggesting that keeping a gun in your office might be better than always carrying it on their parking lot.

jeanderson
08-10-2012, 18:22
Who's property are you on when you walk between your desk and your car?
Outside, from my car to the building's door, it's the university's property. I know that would seem to seal the deal, but I have no interaction with anyone until I get to my office.

There are no classrooms, students or faculty at this facility. It is business offices only.

cloudbuster
08-10-2012, 18:35
Who's property are you on when you walk between your desk and your car?

Back to the condo example. If the property management company doesn't allow guns on its property (say, the clubhouse, grounds etc.), does that mean you can't take guns in and out of your own home, because you have to cross the management co.'s property and use their parking lot? I'd think that owning space in a building, whether a condo or office space, guarantees you certain access rights to it.

I'm not a lawyer, just throwing that out there.

An interesting and applicable example for Ohio -- OSU owns apartments and condos that are leased to graduate students. That would, therefore, be university ground, just like the office building. So, in that sense, guns would be prohibited, but people are usually allowed to retain full civil rights in a private place of residence, even if they are only leasing it. Which would prevail? Interesting question.

wrenrj1
08-10-2012, 18:46
No.

But I'm a Husker grad and look forward to football season!

TheJ
08-11-2012, 03:52
I would guess the answer is no. Unless the law says it's ok to have a gun on the school property "if you don't interact with anyone and the property doesn't have students and stuff on it.".

midnitesi
08-11-2012, 04:00
best thing to do is ask a campus police officer, they should help a lot, if no help, then refer to local laws, and campus laws

jeanderson
08-11-2012, 08:45
best thing to do is ask a campus police officer, they should help a lot, if no help, then refer to local laws, and campus laws
In Ohio, no local entity (city or county) can impose any rules which restrict your gun rights, including the right to carry. I have consulted the campus web site and they have a stated no gun policy.

The overwhelming evidence seems to point to my not being able to carry into my place of business. That really makes me mad. There have been numerous crimes close by - 2 days ago a car stolen a couple of blocks away, an assault and robbery last month right across the street, and in May a car was broken into in the lot I park.

My employer is strongly considering moving. Until then, if anything goes down, it better be while I'm getting in or out of my car. :shocked:

ICARRY2
08-11-2012, 17:05
How can the university own the top three floors, the private company own the first two floors and university own 100% of the land?

Wouldnt there need to be some sort of easement in the title for the private company that owns the first two floors?

And if so, wouldnt that easement allow you to carry your gun from your car to your office without violating the law?

Is it possible that all owners own the land and the university offered to provide security for the property?

JTB
08-12-2012, 12:33
I guess the first question is what does your company policy say about carrying at work, check the employee handbook?

jeanderson
08-12-2012, 14:04
How can the university own the top three floors, the private company own the first two floors and university own 100% of the land?

Wouldnt there need to be some sort of easement in the title for the private company that owns the first two floors?

And if so, wouldnt that easement allow you to carry your gun from your car to your office without violating the law?

Is it possible that all owners own the land and the university offered to provide security for the property?
I looked up the country records for the address and there are 10 separate legal parcels - things like portions of the basement and ventilation shafts, etc. One of the parcels is the first 2 floors (where I work) and that is owned outright by the private company.

The university, who owns the land, does in fact provide security. I walk from my car to the door of the 1st floor of the building and I am walking on university property. Once I set foot in the building, I am on private property not owned by the university. It's like when you own a condo - you own a portion of the building but not the surrounding land.

I have read the law several times and this situation seems confusing. In the interest of not losing my license, and not being charged with other crimes, I think I will leave my gun locked in the car.

NEOH212
08-12-2012, 21:25
In Ohio, no local entity (city or county) can impose any rules which restrict your gun rights, including the right to carry. I have consulted the campus web site and they have a stated no gun policy.

The overwhelming evidence seems to point to my not being able to carry into my place of business. That really makes me mad. There have been numerous crimes close by - 2 days ago a car stolen a couple of blocks away, an assault and robbery last month right across the street, and in May a car was broken into in the lot I park.

My employer is strongly considering moving. Until then, if anything goes down, it better be while I'm getting in or out of my car. :shocked:

It's time we lobby Columbus to change this stupid restriction already.