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Thread: Is this a loophole in the Class D section?

  1. #1
    Regular Member
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    Mar 2010
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    Ohio, ,
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    Am I misreading this or can you OC/CC in an establishment that has a Class D but no one is drinking?

    http://codes.ohio.gov/orc/2923.121

    "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."


    The way that reads to me, your local bar or restaurant could have a side room or patio and so long as no one is drinking in same room then you're not breaking the law. Or does this say any room within the premises where another room has someone drinking?




  2. #2
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    Cincy area, Ohio, USA
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    No, you're not interpreting that correctly. If someone is drinking anywhere on the premises that is covered by the license, you're not allowed to be carrying. You're not "good to go" just because you've got a room or patio to yourself, for example. In theory if NO ONEin the entirelicensed establishment isdrinking alcoholyou would be within the law. But it's pretty hard to ascertain that without difficulty.

    By contrast, if an establishment has a Class D liquor license that doesn't cover Sundays, and the place is open on Sundays, to the very best of my knowledge (and in agreement with what I've read on the OFCC forum), it would be okay to carry under those circumstances.

  3. #3
    Regular Member
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    Apr 2007
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    SouthWestern, Ohio, USA
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    Well...................True on the not consuming , but it reads not consuming liquor, liquor and beer has two different definitions. .I will always contend that a bar or pool room which does not sell liquor on Sunday is legal to carry inand somefood places which only has beer sales are legal.............

    One day when I have some spare change I will prove it , right along with the bullproperty rights for businesses who rely onthe general public for profit....

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