• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Questions about Open Carry?

JmE

Regular Member
Joined
Mar 28, 2007
Messages
358
Location
, ,
If the place has a class D license and any patron is consuming alcohol or even if alcohol is available for purchase and consumption on the property then I'd say it applies.
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
[h=4]2923.121 Possession of firearm in liquor permit premises - prohibition, exceptions.[/h]
(A) No person shall possess a firearm in any room in which any person is consuming liquor in premises for which a D permit has been issued under Chapter 4303. of the Revised Code or in an open air arena for which a permit of that nature has been issued.
http://codes.ohio.gov/orc/2923.121
 

MyWifeSaidYes

Regular Member
Joined
Dec 29, 2009
Messages
1,028
Location
Logan, OH
^^^What Grapeshot said. And 2923.121(B)(1)(e) gives the exception for CHL holders who are not consuming.


Without a CHL, do not go into any restaurant that serves alcohol...or any bar that serves food. :(
 

Hareuhal

Regular Member
Joined
May 5, 2012
Messages
209
Location
somewhere
Well that needs to be fixed.

I'm actually OK with it. I'm all for bearing arms, but I'm just unsure of how many irresponsible people would carry into a bar, decide to drink, and then be carrying a weapon with alcohol in their system. Requiring a permit, in my opinion, lessons that because people definitely won't want to lose something they had to pay for and spend time getting.

Just my opinion.
 

MyWifeSaidYes

Regular Member
Joined
Dec 29, 2009
Messages
1,028
Location
Logan, OH
I'm actually OK with it. I'm all for bearing arms, but I'm just unsure of how many irresponsible people would carry into a bar, decide to drink, and then be carrying a weapon with alcohol in their system. Requiring a permit, in my opinion, lessons that because people definitely won't want to lose something they had to pay for and spend time getting.

Just my opinion.

And even irresponsible people can get a CHL.

And why would an irresponsible person (without a CHL) NOT carry into a bar NOW?

They were carrying into bars and getting drunk before we had legal CC in Ohio.

They were carrying into bars and getting drunk before we had restaurant carry WITH a CHL.

They WILL be carrying into bars until the bars install metal detectors at all entrances.
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
And even irresponsible people can get a CHL.

And why would an irresponsible person (without a CHL) NOT carry into a bar NOW?

They were carrying into bars and getting drunk before we had legal CC in Ohio.

They were carrying into bars and getting drunk before we had restaurant carry WITH a CHL.

They WILL be carrying into bars until the bars install metal detectors at all entrances.

Yep - criminals don't obey laws.

Such restrictions only penalize LACs


Virginia's guns and alcohol permissive laws (OC legal to drink, CC OK, but can't drink) has been such a dismal failure - shoot outs everywhere and blood running down the streets
 

wrenching89

New member
Joined
Jun 14, 2012
Messages
9
Location
Elyria, Ohio
Oh,well.

I have had a few odd stares when standing at my tailgate, loading a mag or two, picking up my handgun and firmly inserting a magazine before holstering.

I'm doing a legal activity. If it bothers them, that's too bad.


If police are present "at that time" you had best not be holding the gun, but you can happily load magazines to your hearts content. As your gun should still be stored in your car, and you are out of your car, they can ask for ID, but you don't have to give.


IF they have RAS, yes.


I believe 'brandishing' is not a crime in Ohio. The uninformed police will try to threaten you with Disorderly Conduct and other such nonsense.


:lol: Did you obtain CHL?

Yeah, I would deffently aggree that I would not want to he holding it. What if I didnt see any around at the time and they sneak up on me what could they do if they saw me insert the magazine and load one in the chamber?

Would a complaint of someone walking into a store just seen loading a gun be RAS enough to detain? And what happens if someone from the store calls in a complaint but dose not approach you first, asking you to leave due to store policy (no sign posted on enterance). Can they detain you or arrest you for trespassing.

How sure are you on that?
 
Last edited:

William Fisher

Regular Member
Joined
Jan 21, 2011
Messages
238
Location
Oxford, Ohio
First, cops are allowed to lie. Do not rely on legal information from a LEO.

Second, the law says you can't have a gun in a room where alcohol is being served (without a CHL).

So yes, you can go into a Kroger's legally, then, while you are shopping, they could start a wine tasting, putting you in violation and you might not realize it.

You carries your gun and you takes your chances!

While I have no link I believe I've read that as long as you stay 30 + feet away from wine tasting area that it is legal. But I am not certain. The Krogers here in Oxford has their wine tasting on Fridays.
 

color of law

Accomplished Advocate
Joined
Oct 7, 2007
Messages
5,931
Location
Cincinnati, Ohio, USA
While I have no link I believe I've read that as long as you stay 30 + feet away from wine tasting area that it is legal. But I am not certain. The Krogers here in Oxford has their wine tasting on Fridays.

Thanks for the tip. The last thing I want to be around is a bunch of wine guzzling vagabonds and rowdies.....
 

MyWifeSaidYes

Regular Member
Joined
Dec 29, 2009
Messages
1,028
Location
Logan, OH
:lol: Did you obtain CHL?
Yeah, I finally took the plunge. My wife said...well, she told me to.

Yeah, I would deffently aggree that I would not want to he holding it. What if I didnt see any around at the time and they sneak up on me what could they do if they saw me insert the magazine and load one in the chamber?

Tell you to put the gun down...unless you're aiming it at them. Then they would just shoot you.

That's another thing the CHL gets you...reduced amount of handling your handgun...it's just safer.

Would a complaint of someone walking into a store just seen loading a gun be RAS enough to detain?

No. Loading a gun is a legal activity.

And what happens if someone from the store calls in a complaint but dose not approach you first, asking you to leave due to store policy (no sign posted on enterance). Can they detain you or arrest you for trespassing.
Only if there are CPZ signs posted. Otherwise, no. You have to be asked to leave or otherwise know you are trespassing. That's why we say "When you are asked to leave, leave."



How sure are you on that?

As sure as any free, anonymous non-legal advice you find on the Internet from a non-lawyer can be.

Also, I actively open carry in central and south-eastern Ohio. On June 8th, I was OC'ing in Waverly, OH and on June 23rd (this Saturday) I will be OC'ing in Grove Park in Springfield Township, OH.

This past Sunday, I met a newer OC'er and went window shopping with him at a Kohl's store. That was right after I OC'ed during lunch at Five Guys Burgers and Fries.

IF you are NOT sure of the laws found in the Ohio Revised Code, DO NOT OPEN CARRY! Your lack of confidence will work against you.

IF you want to open carry, find someone in your area to go with you.
 
Last edited:

MyWifeSaidYes

Regular Member
Joined
Dec 29, 2009
Messages
1,028
Location
Logan, OH
While I have no link I believe I've read that as long as you stay 30 + feet away from wine tasting area that it is legal. But I am not certain. The Krogers here in Oxford has their wine tasting on Fridays.

William-

No offense to you because I don't know what you read, but whoever wrote what you read is full of it, IMHO.

My preference is to follow the laws of Ohio as they are written.

For others reading this thread, those written laws can be found at http://codes.ohio.gov

And there, one will find this little gem, that Grapeshot posted earlier, for those without a CHL:

2923.121 Possession of firearm in beer liquor permit premises - prohibition, exceptions.

(A) No person shall possess a firearm in any room* in which any person is consuming* beer or intoxicating liquor in a premises for which a D permit has been issued under Chapter 4303. of the Revised Code or in an open air arena for which a permit of that nature has been issued.

*room...Kroger's is usually one big room

*consuming...not MAY consume, but actively consuming

If you are in a store during a wine tasting:

- If you have your CHL, you can open carry and walk right up to the wine tasting and have a big...sniff.

- Without a CHL, immediately leave the building. Do not check out...drop your groceries and go.
 
Last edited:

William Fisher

Regular Member
Joined
Jan 21, 2011
Messages
238
Location
Oxford, Ohio
I stand corrected MWSY. lol. You do need a concealed carry permit

From Ohio Concealed Carry Manual.


Forbidden Carry Zones
The law sets forth several places where your license does not allow you to
carry a handgun. Under the law, you may not carry a concealed handgun
into the following places:

• Police stations• Sheriffs’ ofces• Highway Patrol posts• Premises controlled by BCI• Correctional institutions or other detention facilities• Airport terminals or airplanes• Facilities for the care of mentally ill persons• Courthouses or buildings in which a courtroom is located• Universities, unless locked in a motor vehicle or in the process of being locked in a motor vehicle

• Places of worship, unless the
place of worship permits otherwise

• Childday-care centers

• Licensed Class D liquor permit premises if you are consuming beer or intoxicating liquor or are under the infuence. If you are not consuming, you may carry unless there is a conspicuous sign prohibiting carry.

Possession of a concealed frearm is allowed in a retail store with a D-6 or D-8 permit as long as the concealed carry license holder is not consuming liquor. Class D permits are generally issued to an establishment that sells alcohol for consumption on the premises.
 

wrenching89

New member
Joined
Jun 14, 2012
Messages
9
Location
Elyria, Ohio
Just a Question

Why is all the information except for the current post out of date. Most of it is from 2008. Not bashing, just curious as to why that is.:eek:
 

MyWifeSaidYes

Regular Member
Joined
Dec 29, 2009
Messages
1,028
Location
Logan, OH
Which post is the 'current' one? Which data is out of date?

The members of OCDO are from Ohio AND states other than Ohio. Some people may have out-dated information they are referencing.

Don't take anything you read on this or any other resource as gospel. You want accurate, up-to-date info, pay an attorney. That doesn't guarantee you accurate info, but at least then you would have someone to sue if it turns out to be wrong. :)
 

JmE

Regular Member
Joined
Mar 28, 2007
Messages
358
Location
, ,
For others reading this thread, those written laws can be found at http://codes.ohio.gov

And there, one will find this little gem, that Grapeshot posted earlier, for those without a CHL:



*room...Kroger's is usually one big room

*consuming...not MAY consume, but actively consuming

If that class D licensed establishment sells alcoholic beverages for consumption on the premises (i.e. persons MAY consume) then I'd consider it as good as others consuming. It's not letter of the law, but the way we approached class D in other situations in the past. If the place sells beer and a customer can crack it open and drink as usual for the establishment (like a tavern) then it'd be considered as much as someone is consuming even when no one is (the MAY consume part) when my hide is on that line.
 

wrenching89

New member
Joined
Jun 14, 2012
Messages
9
Location
Elyria, Ohio
Sorry just to clear things up i was mostly talking about the firts page you come to on opencarry.org the videos and news all seems to be from 2008ish just wonder why there is not anything more currect in there.
 
Top