Ohio Attorney General Dave Yost says that county fair boards must follow state gun laws, just like other local government agencies.
In a new legal opinion, Yost ruled on Monday that county agricultural societies — the groups that organize most county fairs — count as “political subdivisions” under Ohio law.
That means they cannot make their own firearm rules if those rules go against the state’s laws.
The opinion came after a request from Champaign County Prosecutor Kevin Talebi, after a controversial incident at the 2024 Champaign County Fair involving an off-duty officer carrying a firearm.
The conversation around firearm policies at county fairs was sparked by the arrest of Eric Smith, an off-duty St. Paris police officer, during the 2024 Champaign County Fair.
On Sunday, August 4, around 6:00 PM, deputies working security at the fair were alerted to a man openly carrying a firearm and displaying a police badge.
The man was identified as Smith, who was not on duty and had no jurisdiction at the event.
Deputies found Smith around the midway area of the fairgrounds, where both his gun and badge were visible.
Law enforcement asked him to either return the firearm to his vehicle or leave the fair, in line with Sheriff Melvin’s directive.
Smith refused, saying he intended to keep carrying his firearm.
Despite being given a direct order, Smith did not comply.
He was later spotted again at the fair, still armed.
Deputies then arrested him for obstructing official business and criminal trespassing.
He was removed from the fairgrounds, formally trespassed for the remainder of the event, and taken to the Tri-County Regional Jail.
In October 2024, a Champaign County Municipal Court judge dismissed the charges against Smith.
The case prompted legal questions about who exactly has the authority to make firearm rules at public events like county fairs, and led to the formal request for guidance from Prosecutor Talebi.
Under Ohio law (Revised Code 9.68), only the state can create gun laws.
Local governments, including cities, counties, and now fair boards, cannot pass their own rules that conflict with state law.
If they do, they risk lawsuits.
Attorney General Yost said that county agricultural societies qualify as “political subdivisions” under the law because they:
- Are set up by state law as public corporations
- Operate only within specific counties
- Carry out public functions like education and event hosting
Because of that, they must follow state rules — including those that protect the rights of legal gun owners.
Yost emphasized that Ohio’s gun laws are meant to be consistent across the entire state.
County fair boards — including the one in Champaign County — are not allowed to create firearm policies that contradict state law.
The Attorney General’s ruling means that only the state can decide who can legally carry firearms at public events like county fairs.
