MOR-G3-2011 13:28 From:GREENE CO PROS s37se2s107 Torsiaaeagsasas P.17g Voice: 887/862-6250 Fax. 0372562-5107 61 Greene Street Second Floar Xenia, Ohio 45385, STEPHEN K. HALLER Prosecuting Attorney Greene County March 2, 2011 ‘Suzanne H. Schmidt Fist assistant Prasceutor Jefrey 0. Hucter ‘cher Tt Counser ‘Thomas C Miler (Givi Dison Chet Christopher A. Mutray ‘Suacon Enforcement Chief Assit Posters dasion. tone Ghent Stu, cienk ee a fargo, nares cae bute show own Purcuant to your public records request, please find enclosed the following Sepaane 8 tyson memos with attachments: sevaon® ng Boek Devine 1, Memo dated February 18, 2011 nami 2. Memo dated February 24, 2011 Mae. agens Inept Ted Uae Visitas or Respectfully yours, Viciniveiness Advocates OFFICE OF THE GREENE COUNTY Dance casren PROSECUTING ATTORNEY Meio on oytiaM. Gove By SEADK. Ue aaa Steiner Prog Contnstor Jeanne M.Adine ‘aminitater (iviKtovenie Orvsion Vietinntiness Division ‘Support Enforcement Division Voice: 937/582-5689, Voice: 937/562-5087 Voice: 937/562-5380 Fax: 937/987-5255 Fax: 937/582-5647 ax: 837/662-6285MOR-G3-2011 13:28 From:GREENE CO PROS Te: 12a64gsaR45 P.2g Greene County Herald ‘Stephen Haller ‘Greene County Proseouter 431 Greene St ‘Xenia, OH 45385, Public Records Request, To: Greene County Prosecutor, Pursuant to Ohio Revised Cede 149.43, | am requesting all public records. correspondence, letters, reperia, ‘methodology, devices, Items, emais, audio and telephone recordings, and any other relevant records which meet ‘ORG 149,011(6) criteria, created, stored and exchanged by your office regarding the resent Meme sent by your office te Police Departments in Greene County regarcing the legality of openly carrying firearms in the State uf Chio and in Greene County be made available to me in full for inspection and for copying within 7 days of the reacipt of tis request Please contact me at the address above, ema me al rews@areeneherald.com oF call m2 ct A! th ‘a date and time when the recarde are available for inspection, You ean also fax copies of the documents requested to 1-208- 495-0845. Ifredaction is necessary and may cause 2 delay, please contact me with 2 timeline for the redaction process. ‘Sincerely, ID:GREEME CO PROS PoserOQi Rese%MOR-G3-2011 13:28 From:GREENE CO PROS s37se2s107 Torsiaaeagsasas P39 MEMO TO All Greene County Police Chiefs and Sheriff Fischer FROM Stephen K. Haller, Greene County Prosecutor DATE February 18, 2011 RE Open Carry Protocol ‘The Beavercreek Police Department recently requested guidance as to how to proceed when a police officer is confronted with an individual who is openly carrying a firearm. In the fact, situation provided, a police officer is called to a public place where a complaint has been received from a patron that an individual fs pregent and has on hie person and in fll view by anyone a irearm. 1. Itig legal in the State of Ohio to openly carry a firearm in a public place. Since the weapon is not concealed, It is not a criminal violation in and of itself. 2. When an officer observes an individual openly carrying a firearm or receives a dispatch and is sent to an establishment or a scene where open carrying of a firearm is reported, the officer may approach the individual to ask for identification. 3. Ifidentification ie provided, the officer may run information through the LEADS database to determine if there is any reason why the person cannot possess a firearm. which includes the crime of having a weapon under disability, in violation of Onio Revised Code Section 2923.13. A Copy of that statute is attached to this memorandum. 4. If the individual refuses to give information and absent any reasonable suspicion of criminal activity on the part of the individual, the officer may not force the individual to produce identification, 5, Police officers should be aware that Revised Code Section 2921.29 does provide sanctions against individuats who fail to disclose personal information when requested by a law enforcement officer under certain circumstances. A copy of the Statute ie attached ©. Once the officer determines that there is no legal reason that the individual may not openly carry a firearm, the officer may inform the individual that openly displaying a firearm may ‘cause other citizens to'be alarmed and could cause a disruption or a disturbance wherever people might gather. A disturbance or disruption could possibly lead to disorderly conduct chargos against all persons involved, including the possessor of the firearm. However, itis important to note that openly carrying a firearm, absent any other circumstance described herein, is not a violation of law. Should police officers have a question in this regard, they may contact the on-call prosecutor from the Greene County Prosecuting Attorney's Office for advice as needed. Shlwk patter Tephen K Haller Greene County ProsecutorMOR-G3-2011 13:28 From:GREENE CO PROS Lawriter - ORC - 2923.13 Having weapons while under disabilit 75625107 Torsiaaeagsasas Pag Page | of | 2923.13 Having weapons while under disability. (A) Unless relieved from disability as provided in section 2923.14 of the Revised Code, no person shall knowingly acquire, have, carry, of use any firearm or dangerous ordnance, if any of the following apply: (A) The person is a fugitive from justice. (2) The person is under indictment for or has been convicted of any felony offense of violence or has been adjudicated a delinquent child for the commission of an offense that, if committed by an adult, would have been a felony offense of violence. (2) The person is under indictment for of has been convicted of any offense involving the illegal Possession, use, sale, administration, distribution, or trafficking in any drug of abuse or has been adjudicated a delinquent child for the commission of an offense that, it committed by an adult, would have been an offense involving the illagal possession, use, sale, administration, distribution, or trafficking in any drug of abuse. (4) The person is drug dependent, in danger of drug dependence, or a chronic alcoholic. (8) The person is under adjudication of mental incompetence, has been adjudicated aa a mental defective, has been committed to a mental institution, has been found by a court to be @ mentally ill person subject to hospitalization by court order, or is an involuntary patient other than one who Is a patient only for purposes of observation. As used in this division, “mentally ill person subject to hospitalization by court order” and “patient” have the same meanings as in section $122.01 of the Revised Code. (8) Whoever violates this section is guilty of having weapons while under disability, a felony of the third degree. Effective Date: 04-08-2004 htip-//eodes.ohio.gow/ore/2923.13 272011MOR-G3-2011 13:28 From:GREENE CO PROS 7S625107 Torsiaaeagsasas P.sa Lawriter - ORC - 2921.29 Failure to disclose personal information, Page 1 of 1 2921.29 Failure to disclose personal information. (A) No person who is in a public place shall rafuse to disclose the person’s name, addross, or date of birth, when requested by a law enforcement officer who reasonably suspects either of the following: (4) The person is committing, has committed, or is about to commit a criminal offense. (2) The person witnessed any of the following: (2) An offense of violence that would constitute a felony under the laws of this state; (b) A felony offense that causes or results in, or creates a substantial risk of, serious physical narm to another person or to property; (©) Any attempt or conspiracy to commit, or complicity in committing, any offense identified in (A)(2)(8) oF (b) of this section; (2) Any conduct reasonably indicating that any offense identified in division (A)(2)(a) or (b) of this section or any attempt, conspiracy, or complicity described in division (A)(2)(c) of this section has been, is being, or is about to be committed. (B) Whoever violates this section is guilty of failure to disclose one’s personal information, & misdemeanor of the fourth degree, (©) Nothing in this section requires a person to answer any questions veyond that person's name, address, or date of birth. Nothing in this section authorizes a law enforcement officer to arrest a person for not providing any information beyond that person’s name, address, or date of birth or for refusing to describe the offense observed. (0) Ik is not a violation of this section to refuse to answer a question that would reveal a person's age or date of birth if age is an element of the crime that the persen is suspected of committing. Effective Date: 04-14-2006 hitp://eodes.chio.gov/ore/2921.29 27/2011MOR-G3-2011 13:29 From:GREENE CO PROS Torsiaaeagsasas P.6g To: All Greene County Police Chiefs and the Greene County Sheriff From: Greene County Prosecutor Stephen K. Haller Date: February 24, 2011 Re: Clarification as to Open Carry Opinion Last week sued an opinion on an Open Carry of firearms situation, My opinion did not address situations where an i ividual is openly carrying a firearm and tries to enter a business or place where @ sign is posted prohibiting weapons, or a place where weapons are otherwise prohibited by Ohio law. If weapons are prohibited in a particular place or facility, then its illegal to isplay or carry a firearm openiy, as well as to conceal a firearm in those places. Please see the attached statutes, ORC 2923.126, and ORC 2923.1212.MOR-G3-2011 13:29 From:GREENE CO PROS Torsiaaeagsasas P.7g 2923.126 Duties of licensed individual (IN PART) (B) A valid license issued under section 2923.125 or 2923.1213 of the Revised Code dees not authorize the licensee to carry a concealed handgun in any manner prohibited under division (8) of section 2923.12 of the Revised Code or in any manner prohibited under section 2923.16 of the Revised Code. A valid license does not authorize the licensee to carry a concealed handgun into any of the following places: (1) A police station, sheriff's office, of state highway patrol station, premises controlled by the bureau of criminal identification and investigation, a state correctional institution, jail, workheuse, or other detention facility, an airport passenger terminal, or an institution thet is maintained, operated, managed, and govetned pursuant to division (A) of section $119.02 of the Revised Code or division (A)(1) of section 5173.03 of the Revised Code; (2) A school safety zone if the licensee's carrying the concealed handgun is in violation of section 2923.12 of the Ravised Code; (2) A courthouse or anothar building or structure in which a courtroom is located, in violation of (4) Any premises or open air arena for which 2 D permit has been issued under Chapter 4303. of the Revised Code if the licensee’s carrying the concealed handgun is in violation of section 2923.121 of the Revised Code; (5) Any premises owned or leased by any public or private college, university, or other institution Of higher education. unless the handgun is in a locked motor vehicle or the licensee is in the immediate process of placing the handgun in a locked motor vehicle; (6) Any church, synagogue, Mosque, or other place of worship, unless the church, synagogue, mosque, or other place of worship posts or permits otherwise; (7) A child day-care center, a type A family day-care home, a type 8 family day-care home, or a type € family day-care home, except that this division does not prohibit a licensee who resides in a type A family day-care home, a type B family day-care home, or a type C family day-care home from carrying a concealed handgun at any time in any part of the home that is not dedicated or used for day-care purposes, or from carrying a concealed handgun in a part of the home that is dedicated or used for day-care purpocos at any timo during which no children, other than chilaran of that licansee, are in the home; (8) An aircraft that is in, or intended for operation in, foreign air transportation, interstate air transportation, intrastate air transportation, or the transportation of mail by aircraft; (9) Any building that Is a government facility of this state or a political subdivicion of this state and that is not a building that is used primarily ag a shelter, restroom, parking facility for motor vehicles, or rest facility and is not a courthouse or other building or structure in which a courtroom is located that is subject to division (B)(3) of this section; (10) A place in which federal law prohibits the carrying of handguns.MOR-G3-2011 13:29 From:GREENE CO PROS Te: 12a64gsaR45 Pag (©)(2) Nothing in this section shall negate or restrict a rule, policy, or practice of @ private employer that Is not a private college, university, or other institution of higher education concerning or prohibiting the presence’ of firearms on the private employers premises or property, including motor vehicles owned by the private employer. Nothing in this section shall require & private employer of that nature to adopt a cule, policy, or practice concerning or prohibiting the presence of firearms on the private employer's premises or property, including motor vehicles owned by the private employer. (2)(a) A private employer shall be immune from liability in a civil action for any injury, death, or Joss to person or property that allegedly was caused by or related to a licensee bringing a handgun onto the premises or property of the private employer, including motor vehicles owned by the private employer, uniess the private employer acted with malicious purpose. A private employer is immune fram liability ina civil action for any injury, death, or loss to person or property that allegedly was caused by or related to the private employer's decision to permit a licensee to bring, or prohibit @ licensee from bringing, a tiendgun onto the premises or property of the private employer. As used in this division, “private employer” includes a private college, university, or other institution of higher education. (b) A politica! subdivision shall be immune from liability in a civil action, to the extent and in the manner provided in Chapter 2744. of the Revised Code, for any injury, death, or loss to person or property that allegedly was caused by or related to a licensee bringing a handgun onto any pramises or property owned, leased, or otherwise under the control of the political subdivision. ‘As used in this division, “political subdivision” has the same meaning as in section 2744 01 of the Revised Code. (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 sign in 2 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 thie division, @ person who knawingly viclates a posted prohibition of that nature is guilty of criminal trespass in violation of division (A)(4) of section 2011.21 of the Ravisea 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 @ civil cause of action for trespass based on the violation.MOR-G3-2011 13:30 From:GREENE CO PROS s37se2s107 Torsiaaeagsasas P.gg 2923.1212 Signage prohibiting concealed handguns. (A) The following persons, beards, and entities, or designees, shall post in the following locations 3 sign that contains a statement in substantially the following form: "Unless otherwise authorized by lav, pursuant to the Ohio Revised Code, io person shall knowinaly possess, nave under the person's control, convey, or attempt to eanvey 2 deadly weapon or dangorous ordnance onto these premizes.”: (1) The director of pubic safety or the person or board charged with the erection, maintenance, or repair of police Stations, municipal jails, and te municipal courthouse and courtrooms in a consoicuous location at ail police stations, municipal jis, ‘and municipal courthouses and courtrooms: (2) The sheriff or sheriff's designes who has charge of the sheriffs offies in a conspicuous location in that office; (3) The suzerntenaent of the state highway patrol or the superintendent's dasignee in a conspicuous location at all State highway petrol stations; (4) Esch sheriff, chiaf of police, or person in charge of every county, multicounty, municipal, municipel-county, or ‘mufucounty-muhicinal ail or ‘workhouse, community-based correctional facility, altway house, alternative residential faciity, or other local or state correctional institution or detention facily within the state, or that Person's designee, in a conspicuous location at that facility under that person's charge; (5) The board of trustees of a regional airport authority, chisf administrative officer of an sirport facility, or other Person in charge ef an airport facility in a conspicuous location at each alrport facility under that person's contol, (6) The officer or officer's designae who has charge of a courthouse or the bullding or structure in which 3 ‘courtroom is loceted in 2 conspicuous location in that butlging ar structure; (2) The superintendent of the bureau of criminal Kdenuication and investigation or the superintendent's designee in 23 conspicuous location in all premises controlieg by that buroau; (8) The owner, administrator, oF operator of a child day-care canter, a type A family day- emily day-care home, o° @ type C family day-care home; re home, @ type B (9) The officer ofthis state or of a political subaivision of this state, or the officer's designee, who has charge of a Dulding that 1s 2 government faciity of this state or the poltical subdivision of thie state,’se defined in section 2923.426 of the Revised Code, and that is nol a Dullding that i Used primarily as a shelter, restroom. carling fariity for motor vehicles, er’‘rest faciity and is nat a courthouse or other building or structure in’ which a ‘courtroom Is located that is subject to division (B)(3) of that section. {B) The following boards, bodies, ond persons, ar desigiiess, shall post in the following locanons a sign tat Contains 2 statement in substantially the following form: "Unless otherwise authorizad by law, pursuant to Oho Revised Code section 2923.122, no person shall Knowingly possess, nave under the persorrs control, convey, of attempt te convey a deadly weapon o dangerous ordnance inte a choo safety zone." ¢ (2) A board of education of a city, local, exempted village, oF joint vocational schoo! district or thet beard’s designee in 8 conspicuous location in each building and on each parce! of real prozerty owned ef controlled by the board, (2) A governing body of a schoo! for which the state board of education prascribes minimum standards under ‘section 3302.07 of the Revised Code or viat body's designee in a conspicuous location in each building and on each parcel of real property owned or controlled by the echool; () The principal or chief administrative offiear of a nonpublic school in @ conspicuous lecation an property owned (or controlled by that nonpublic school. Effective Date: 04-08-2004; 2008 SBi64 09-09-2008