Concealed carry in public malls in ohio?
- Thread starter JDib
- Start date
There is no law prohibiting concealed carry in malls. They are simply a private business like any other. As such, each individual mall may post a sign prohibiting firearms on their property, a violation of which would be criminal trespass. But unless a sign is posted in a conspicuous location, it is not illegal to carry there. Remember, however, that even if no sign is posted, if you are asked to leave and don't, it is also criminal trespass.
It can be a little interesting given what entrance you use. I've been in plenty of malls where the "mall" entrance had a No Carry sign, but one of the individual stores did not. I entered through the store and then into the mall and there was no sign. I've seen the opposite as well, permitted carry in the mall and no sign when walking into the store, but had I walked into the store from the outside they had a sign on the door. Gotta love that word "Conspicuous".
The thing to remember with that, Chris, is that the mens rea for the offense of criminal trespass is "knowingly". Therefore the state must prove you knowingly violated the posted restriction. If you used an entrance where there was no sign they would have a hard time proving you knowingly trespassed. They get the presumption that you knowingly violated the sign if the signs are conspicuously posted at all the public entrances, but they don't get the presumption you acted knowingly if there was no sign on the entrance you entered.
[QUOTE="T.L.Jones]The thing to remember with that, Chris, is that the mens rea for the offense of criminal trespass is "knowingly". Therefore the state must prove you knowingly violated the posted restriction. If you used an entrance where there was no sign they would have a hard time proving you knowingly trespassed. They get the presumption that you knowingly violated the sign if the signs are conspicuously posted at all the public entrances, but they don't get the presumption you acted knowingly if there was no sign on the entrance you entered.
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I understand that. Knowing is the key to pushing the criminal trespassing. I was more making the point to just be aware it may not be at the entrance of each place, mall or store.
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I understand that. Knowing is the key to pushing the criminal trespassing. I was more making the point to just be aware it may not be at the entrance of each place, mall or store.
mt theory is if it is concealed and a gun man comes in to kill what crime is more important to you
I know I don't miss the malls either. The only time I go is when I'm forced by the gf to go and I try to make it as quick and unpleasant as possible so she speeds it up 
I know I don't miss the malls either. The only time I go is when I'm forced by the gf to go and I try to make it as quick and unpleasant as possible so she speeds it up
You're in Toledo, right? I haven't been to the Franklin Park mall in over 10 years, but my understanding is that the teens/gangs are taking over much like they did Southwyck back in the day. If that's the case, the end is in sight. I stay far away from that place. If we need to go to a "mall", we just hit up the outdoor malls such as Levis Commons or Fallen Timbers. Even then, I don't go that often.
Yep that's why I hate going to it. Those reports are fairly accurate though the mall is doing what it can to prevent it, it's just not in an ideal location to combat the teenager and or gang problem that seems to happen over there on an almost nightly basis. I think there for a whole it was about 1-2 articles a week about violence