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Banks

Postby spek » Fri Dec 10, 2010 3:16 pm

Hello, I know whats been said on forum, and in AG book, and in orc about banks. I also understand that they are not a federal/government building and not CPZs by default. But I have been in a long standing debate with several LEOs at my place of work that it would be illegal still to carry in a bank. I was looking for specific codes or websites "not on a gun nut" website to prove to them that it is legal to carry in a non federal bank. I tried emailing the ohio ag and just got a letter back stating


"RE: Ohio Concealed Carry Law

Dear Constituent,

Thank you for contacting the Ohio Attorney General's Office with your request for clarification of Ohio Concealed Carry law.

In order to have your inquiry appropriately addressed, I recommend that you contact your county sheriff's office. It is the responsibility of the county sheriff to review CCW applications, issue the concealed carry permits, and assist in enforcing the concealed carry law.

It may also be beneficial for you to contact your county prosecutor's office. As the top law enforcement authority at the local level, that office may be able to provide you with the information that you have requested

Please be advised that the Office of the Attorney General is empowered to serve as legal counsel and advisor only to state officials, state agencies, county prosecutors, and the Ohio General Assembly. Consequently, our office has no authority to intervene in the matters referenced in your letter.

Again, thank you for contacting our office. I hope you find this information to be of assistance in moving forward.

Sincerely,

Richard Cordray
OHIO ATTORNEY GENERAL


J. Hill
Constituent Liaison
Constituent Relations and Outreach



-----Original Message-----

Could you please tell me if a bank that is not a federal reserve constitutes a federal or goverment building in regards to a no cary zone, if bank does not have no ccw signs posted. And if it is legal to ccw in a bank
thank you"



If this yields no results I will email the sheriffs office and prosecuter like suggested.

Thanks
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Re: Banks

Postby charben » Fri Dec 10, 2010 3:21 pm

You are going about it from the wrong direction. Ask your law enforcement friends to produce the ORC section that shows that it IS illegal to carry in a bank. Unless specified in the code, it is legal to carry there.
Chris

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Re: Banks

Postby pirateguy191 » Fri Dec 10, 2010 3:24 pm

spek wrote:
Could you please tell me if a bank that is not a federal reserve constitutes a federal or goverment building in regards to a no carry zone, if bank does not have no ccw signs posted. And if it is legal to ccw in a bank
thank you"



If this yields no results I will email the sheriffs office and prosecuter like suggested.

Thanks


If it's not a Federal Reserve Bank, how could it be a Federal or Government building? If a bank is not posted, you may legally carry.
"In this present crisis, government is not the solution to our problem; government is the problem." - Ronald Reagan

"When democracy turns to tyranny, the armed citizen still gets to vote." ~ Mike Vanderboegh

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Re: Banks

Postby parbreaker » Fri Dec 10, 2010 3:26 pm

charben wrote:You are going about it from the wrong direction. Ask your law enforcement friends to produce the ORC section that shows that it IS illegal to carry in a bank. Unless specified in the code, it is legal to carry there.



This. It is because of this method that the laws work that makes open carry legal. Open carry is legal because it is not specifically ilegal. In that same manner, carry in banks is not illegal because it is not named in law as being such.

The US and state Constitutions give us the right to bear arms. Any restrictions on those rights must be enumerated in law. Since banks are not enumerated, then it is not illegal.
"A free people ought not only to be armed and disciplined, but they should have sufficient arms and ammunition to maintain a status of independence from any who might attempt to abuse them, which would include their own government."
- George Washington
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Re: Banks

Postby mrjam2jab » Fri Dec 10, 2010 4:28 pm

spek wrote:Hello, I know whats been said on forum, and in AG book, and in orc about banks. I also understand that they are not a federal/government building and not CPZs by default. But I have been in a long standing debate with several LEOs at my place of work that it would be illegal still to carry in a bank. I was looking for specific codes or websites "not on a gun nut" website to prove to them that it is legal to carry in a non federal bank. I tried emailing the ohio ag and just got a letter back stating




The ORC is your 'not a gun nut" source.... 2923.126 :D It's NOT listed in (B)....therefore it is legal.

FDIC insured does not make one a federal building... :wink:
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Re: Banks

Postby djthomas » Fri Dec 10, 2010 4:33 pm

mrjam2jab wrote:The ORC is your 'not a gun nut" source.... 2923.126 :D It's NOT listed in (B)....therefore it is legal.

Furthermore if they want to claim "well it doesn't say you can either" be sure to point them to 2923.126 (A) which says in part "Except as provided in divisions (B) and (C) of this section, a licensee ... may carry a concealed handgun anywhere in this state."

mrjam2jab wrote:FDIC insured does not make one a federal building... :wink:

By that logic my house would be a federal building because I'm sure my mortgage got packaged up and sold to Fannie or Freddie...
Besides, just because it's a federal building doesn't mean it's off limits. There must be federal employees regularly assigned there. Even the NPS recognizes this and decided to NOT post their stand alone bathrooms because their take is that although employees enter to service them, nobody has an assigned work place of a bathroom.
Never ask if you can carry at a non-posted place, but always ask why you cannot at one that is!
Just because they offer call ahead seating doesn't mean you call ahead for carry permission.
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