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I currently reside in Ohio as a CHL/CCW licensee. I've recently moved into a community with a strict firearms clause that simply states that a firearm must be unloaded, fully encased, and carried in the open when transporting anywhere in the common area (including, but not limited to anywhere outside of the leased property; hallways, parking lot, etc). This would prevent someone from carrying on their person. Failure to comply results in immediate eviction notice. I signed the lease.

I have no problem complying, albeit it defeats the efforts I've gone through financially, and in training to hold this CCW.

However, Ohio has 2923.126(C)(3)(b):

A landlord may not prohibit or restrict a tenant who is a licensee and who on or after September 9, 2008, enters into a rental agreement with the landlord for the use of residential premises, and the tenant's guest while the tenant is present, from lawfully carrying or possessing a handgun on those residential premises

http://codes.ohio.gov/orc/2923.126

The definition of the residential premises:

"Residential premises" means a dwelling unit for residential use and occupancy and the structure of which it is a part, the facilities and appurtenances in it, and the grounds, areas, and facilities for the use of tenants generally or the use of which is promised the tenant. "Residential premises" includes a dwelling unit that is owned or operated by a college or university. "Residential premises" does not include any of the following:..

However in the context of firearms, it does NOT include a dwelling unit that is owned or operated by a college or university

2923.126(C)(3)(i)

Is the counter signed lease's firearms clause legal to enforce with the explicit laws prohibiting landlords from doing so in the case that I have a CHL/CCW?

  • Just to be clear, the community you're living in isn't owned or operated by a college or university, correct? Nor any other type of community that has restrictions like a senior citizen community? – mkennedy May 27 at 21:00
  • My bad I forgot to clarify that. No, it is not, nor are there housing restrictions. – ohio13377 May 27 at 21:05
  • Well, a non-lawyers'view could be that the clause is not preventing you carrying or possessing a handgun; it prevents you carrying or possessing a loaded or hidden handgun. – SJuan76 May 27 at 21:14
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You are evidently a tenant and the person supposedly empowered to initiate eviction proceedings is a landlord. This restriction is presumably part of a CCR for that community, and if the community is more that 12 years old, this condition may have been there since the beginning. Nothing mandates that statutorily-invalid conditions be removed from a lease. In case that law is repealed, it would then become effective, but at present, it is unenforceable.

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