Open Carry in Resturants That Serve Alcohol

JmE said:

Got it. Thanks.

Depending on the situation, I might notify just to be safe if in a class D licensed establishment that is serving depending on how nit-picky the officer starts off. If he seems like he's looking for anything to cite or arrest about; it'll probably be better for me to inform. It's good to know that others are of the opinion that it's not required.

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It's not my opinion. It's state law.

No concealed handgun = no duty to notify.

Notify whoever and whenever you want, but that really doesn't help get police to know, understand and obey the laws.

Every statement in the CC ORC starts with the qualifier "... and is carrying a concealed handgun...", not concealed, just about everything goes out the window.

It seems to make a difference whether you are in a motor vehicle or not. The motor vehicle paragraph says "loaded handgun" and the following paragraph which could be applied to non-vehicular stops says "concealed handgun".

If a licensee is the driver or an occupant of a motor vehicle that is stopped as the result of a traffic stop or a stop for another law enforcement purpose and if the licensee is transporting or has a loaded handgun in the motor vehicle at that time, the licensee shall promptly inform any law enforcement officer...

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If a licensee is stopped for a law enforcement purpose and if the licensee is carrying a concealed handgun at the time the officer approaches, the licensee shall promptly inform any law enforcement officer...

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MyWifeSaidYes said:

It's not my opinion. It's state law.

No concealed handgun = no duty to notify.

Notify whoever and whenever you want, but that really doesn't help get police to know, understand and obey the laws.

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The law says concealed and words have specific meaning in the revised code, however, there are officers out there that can and will see it as "carrying under a license in a class D, duty to inform." Once duty to inform is removed, things will be clearer in actual interactions with regards to this issue.

I don't know how much we spoke in Waverly, but this ain't my first rodeo. Myself and many, many others were wrangling with law enforcement and .gov a couple of decades ago. Sometimes it was over things a lot hairier than misdemeanor stops on a public street. Then, "prudent man" was the way and we watched every nuance about which we could make ourselves aware. I'm burned out and not interested in schooling every officer anymore. I'll correct them where I can but have to choose my battles more wisely these days.

My questions originated from what I heard many CHL instructors telling their students in the early days of CHL training classes. The ones I heard instructed their students to inform an officer that they had a CHL and were armed (they were still strongly admonishing that open carry would get you arested, BTW) anytime they were interacting with an officer beyond casual conversation. That might even be in the earlier version of the Ohio AG handbook, IDK. Some of the officers around here are going to have that same information in their heads as we ran in the same small town/rural circles. I can't always have a 25 minute ******* match with a local officer anymore; I don't have the patience today that I did then.

Anyway, thank you for your replies, the pasted portion of the law, and your opinions.

BTW, MWSY... I realize that you are correct. I'm not disputing that in any way. What I'm trying to do is gear up to begin open carry in my area which was open carry friendly up until the late 1990's to 2000. IDK what actually caused the shift away from open carry locally but I'm looking for the low drag approach to start off again. Clashes with our local officers isn't a good idea for me at this time. I simply don't have the energy, health, or money to do it lately. Any money that I do have is tied up in a current situation, might turn local suit, regarding another area of law entirely.

Also, I just looked at the current AG book and they do seem to go out of their way to write "concealed" handgun instead of just handgun. Your point is well taken on the distinction in not only law but in AG booklet.

I'll likely inform at the moment in a local class D that is dispensing but would pull the officer aside on another day and point out to him his error in a casual, non-encounter. Once pointed out, if he does it again, I'd push in the rights proper, kiss my grits, way. Locally, officials have only "went there" a few times. Usually talking to them in private at a different time sorts them out. If it doesn't, remember that the courts around here can get like Waverly was... not as bad but close enough that it can be frustrating. Rural small town is very different from the places from which I sprang in Cincinnati. If it happened in Cinti, I'd probably plot a course similar to the academic one that you describe as I'd likely never see the officer again for a personal conversation and the courts there run on procedure and law much more, IMHO.