Barring Concealed Weapons from Ohio Funeral Homes
By: T. Scott Gilligan
OFDA General Counsel
On April 8, 2004, Ohio's new concealed weapons law takes effect. Basically, the law allows individuals who have obtained a license to carry a concealed handgun. To obtain a license to carry a concealed handgun, an individual needs to meet certain training and educational requirements, and obtain a license from the sheriff in the county where the individual resides or in adjoining counties.
The concealed carry law lists several places where an individual holding a license is still prohibited from carrying a handgun. These include police stations, sheriff offices, correctional institutions, airport terminals, courthouses, universities, places of worship, child care day centers, premises that dispense liquor, school safety zones, and government buildings. In addition, private employers and owners of private buildings have the option of prohibiting individuals from carrying handguns onto their property.
Section 2923.126(C) of the Ohio Revised Code allows private employers to prohibit the presence of firearms on their property or in motor vehicles owned by the employer. The law also provides that a private employer is immune from liability in a civil action for any injury, property damage or death that allegedly was caused or related to an individual bringing a handgun onto the premises or property of the private employer, unless the private employer acted with a malicious purpose. Therefore, if a funeral home employer decides not to prohibit its employees from bringing concealed weapons into the funeral home, it will not be liable for any damages, injuries or death caused by the individual carrying the concealed weapon unless the funeral home employer acted out of a malicious purpose.
Property owners may also elect to exclude individuals from carrying concealed weapons onto their property. In order to do so, the property owner must post a sign in a conspicuous location on the land or on the premises. The language on the sign must specifically prohibit persons from carrying firearms or concealed firearms on or onto the land or the premises. Any person who knowingly violates a posted prohibition is guilty of criminal trespass.
While the statute does not spell out exactly what language must be utilized on a sign, it does offer sample language. We have added that sample language to the notice which appears on the following page. Funeral homes that wish to exclude concealed weapons from funeral home premises may use this sample language in putting together a notice. As indicated above, that notice should be conspicuously displayed at the entrance of the funeral home.
Whether to exclude concealed weapons from a funeral home is a decision each owner will have to make. If any member has questions regarding the new concealed carry law, please contact
T. Scott Gilligan at (513) 587-4440.
NOTICE
To maintain the dignity and sanctity of the services conducted at this funeral home, no firearms are permitted.
It is illegal to carry a firearm, deadly weapon, or dangerous ordnance
anywhere on these premises.
Unless otherwise authorized by law, no person shall knowingly possess, have under the person's control, convey, or attempt to convey a deadly weapon or dangerous ordnance onto these premises.
Posted Pursuant to the Ohio Revised Code