WORKERS COMP' AND SOCIAL SECURITY

Covering Yourself to Carry

By Jennifer M. Brill Co-Chair Workers' Comp & Social Security Section, Hunter Brill, LLC

Many lawyers find themselves in perilous situations regularly. Whether it’s a guardian ad litem visiting a child in a troubled or violent home, or an attorney meeting with a client or potential witness in a less than savory area of town, we are often faced with situations where diligent representation of a client also means possibly defending ourselves from harm. Years ago, when I was a much younger (and pregnant) attorney, I visited a client at home to prepare her for a deposition, as she had no transportation or money to get to my office. I was unfamiliar with the area, and quickly found myself questioning my safety. I hurriedly sent notes to both my office and my husband making sure they knew where I was, and to check in on me if they didn’t hear from me within a few hours. This situation isn’t unfamiliar to many of you, and some of you may find the need to carry a gun to protect yourself if you find yourself in these situations on a regular basis. While you may feel more physically safe while carrying, let’s make sure you are on the right side of the law when you carry.

Before you obtain a license to carry a concealed handgun in Ohio, you will need proof of your competency certification, and will need to complete an application, which is submitted to the sheriff in the county where you reside. There are multiple methods for obtaining your certification, which are more fully set forth by the Ohio Attorney General in the Ohio Attorney General’s Concealed Carry Laws Manual. 1 Most of these involve taking a safety course by a certified instructor. A number of factors play into approval of the application, including your mental competency, civil protection orders, and current and past criminal charges and convictions, among others. The sheriff must approve or issue a denial of your license within 45 days of receiving the completed application, and the license is good for 5 years.

Beware, once you are approved to carry a firearm, you do not have an open license to carry a firearm at all times:

Places such as police stations, correctional institutions, courthouses, schools and a number of other government buildings are “Forbidden Carry Zones”- Leave your firearm at home when visiting.

You may not consume beer or intoxicating liquor before carrying a concealed firearm.

If you are stopped in a traffic stop, you MUST promptly inform the officer that you have a concealed firearm, even if it is not on your person, but it is inside the vehicle, and keep your hands in plain sight at all times during the stop.

When visiting a place of business, such as a client’s corporate office, be aware that employers may prohibit the presence of firearms on their property.

Just because you have a concealed carry license in Ohio, you may not be clear to carry in other states. You can check for states with reciprocity on the Ohio Attorney General’s website.

Ohio’s concealed carry laws do not regulate “open carry”. If you feel that carrying a firearm is necessary in your practice, be sure to review all of the regulations that apply to carrying and are properly licensed.

ENDNOTES:

1 https://www.ohioattorneygeneral.gov/Files/Publications-Files/Publications-for-LawEnforcement/Concealed-Carry-Publications/Concealed-Carry-Laws-Manual- %28PDF%29.aspx

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