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Discussion Starter · #1 ·
Disclaimer: I fully understand that any opinions shared or answers to my question do NOT qualify as legal advice and should, in no way, be interpreted as more than opinion and speculation. :D

So I live in Ohio and the law regarding those with licenses to carry a concealed weapon states that:

(3) (a) Except as provided in division (C)(3)(b) of this section, the owner or person in control of private land or premises, and a private person or entity leasing land or premises owned by the state, the United States, or a political subdivision of the state or the United States, may post a sign in a conspicuous location on that land or on those premises prohibiting persons from carrying firearms or concealed firearms on or onto that land or those premises. Except as otherwise provided in this division, a person who knowingly violates a posted prohibition of that nature is guilty of criminal trespass in violation of division (A)(4) of section 2911.21 of the Revised Code and is guilty of a misdemeanor of the fourth degree. If a person knowingly violates a posted prohibition of that nature and the posted land or premises primarily was a parking lot or other parking facility, the person is not guilty of criminal trespass in violation of division (A)(4) of section 2911.21 of the Revised Code and instead is subject only to a civil cause of action for trespass based on the violation.

(b) A landlord may not prohibit or restrict a tenant who is a licensee and who on or after the effective date of this amendment 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.

(c) As used in division (C)(3) of this section:

(i) “Residential premises” has the same meaning as in section 5321.01 of the Revised Code, except “residential premises” does not include a dwelling unit that is owned or operated by a college or university.

(ii) “Landlord,” “tenant,” and “rental agreement” have the same meanings as in section 5321.01 of the Revised Code.

My question is, if I signed a lease agreement that states "a tenant is in default of the lease if they knowingly possess a firearm" and THEN I get a concealed carry permit does this clause of my lease agreement then become null and void per the law?

I was just looking for opinions or better yet, maybe a link to further reading on the subject if it exists. Thanks in advance for your opinions and my apologies for the lengthy post.
 

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Questions... Do you already have a firearm? ( Having a CCW doesn't necessarily mean you have a firearm.) 2.Did you sign a lease BEFORE this law went in effect?
A lot of your answers are based on the "when" you signed the lease. As I read it it, a Landlord cannot restrict a person, who has signed a lease AFTER the effective date of the firearms law, of possessing a firearm on the leased property. Further, the landlord cannot restrict a guest of the leasee from having a firearm in their possession in the leased property. If you are unsure, I would consult a real estate attorney.
 

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Discussion Starter · #3 ·
I DO already have a firearm, but it is not at the residence in question because I do not yet have my permit, but will in the near future.

I signed the lease AFTER the law was amended.

I was under the same impression that law trumped contract.

I plan to contact a lawyer for an official opinion, but wanted to go for the cheaper option first! ;)

Thanks for your reply!
 

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The landlord is likely using a canned lease form that was written before the law changed, so that clause is now void.
 

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Why say anything to the landlord? I rent 5 homes and have no idea, nor would I care if the tenants owned a gun.
 

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Discussion Starter · #6 ·
Why say anything to the landlord? I rent 5 homes and have no idea, nor would I care if the tenants owned a gun.
Oh, I have no intention of him or the 30+ guys I live with knowing. I just wanted to make sure that in the event it became an issue, that I was well within my rights. I'm only living there through November so I'm not too worried about it.
 
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