BG News - Ohio restaurant carry reform coming

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http://bgnews.com/campus/senate-introduces-concealed-carry-bill-239

SNIP

Laws regarding where firearms can be carried could become more lenient.

According to the Buckeye Firearm Association's Web site, a new bill was introduced this week, Senate bill 239, which would allow citizens who hold a concealed handgun license to carry a firearm in restaurants. The bill would also lessen restrictions regarding how a license holder must transport a firearm in a vehicle.

Currently, it is illegal to carry a concealed handgun into a restaurant. The existing law requires weapons to be either in a holster, closed glove compartment, locked case or in plain sight in a secured rack or holder made for that purpose.
Including all the states that border Ohio, 42 states allow non-drinking license holders to carry firearms in restaurants, according to opencarry.org.

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"If there were a problem with people bringing handguns into restaurants while consuming alcohol, then the story would be different, but it hasn't been a problem," he said. "This is why I think we continue working toward this bill and do what the other 42 out of 48 open-carry states are doing."

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The Ohio Fraternal Order of Police opposes this bill.

The bill has fired up the Ohio Fraternal Order of Police, which said its membership is "irate and appalled" by changes it says will make police work even more life-threatening.

"I am kind appalled that they keep coming back and back to these issues that have already been heavily discussed," said Mark Drum of the FOP. "It just comes down to the fact that these are absolutely huge safety issues for law enforcement everywhere."

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http://www.cleveland.com/open/index.ssf/2010/03/bill_would_allow_guns_in_resta.html

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I found myself in violation of this the other night. My wife and I just moved into a new house and have been getting coupons for free stuff from all the local businesses. A lot of them are for pizza so we have been trying the local places to see what they have to offer.

Whenever I enter a store I scan the entrance area for the no gun signs and there were none so I went in to pickup my pizza. I was standing at the counter waiting for the guy to get my pizza and suddenly realized that they serve beer. Oh crap!:uhoh:

The current CCW laws make it all to easy to unintentionally commit a felony and need to be changed. Felonies should be reserved for people who intentionally do bad things and not for people picking up a pizza for dinner.

John

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jgregel wrote:

The current CCW laws make it all to easy to unintentionally commit a felony and need to be changed.  Felonies should be reserved for people who intentionally do bad things and not for people picking up a pizza for dinner.

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I've thought about this one. In OH we're required to inform leo that we're CC but we are not required to provide our license as far as what I've read. I don't know if this has gone all the way to SCOTUS but I have read a couple of other state supreme court rulings where having a bulge on ones person is not RAS for a weapons frisk.

Does anyone know of any case law where leo frisked someone who was CC without consent and it was ruled fruit of poisonous tree?


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jgregel wrote:

I found myself in violation of this the other night. My wife and I just moved into a new house and have been getting coupons for free stuff from all the local businesses. A lot of them are for pizza so we have been trying the local places to see what they have to offer.

Whenever I enter a store I scan the entrance area for the no gun signs and there were none so I went in to pickup my pizza. I was standing at the counter waiting for the guy to get my pizza and suddenly realized that they serve beer. Oh crap!:uhoh:

The current CCW laws make it all to easy to unintentionally commit a felony and need to be changed. Felonies should be reserved for people who intentionally do bad things and not for people picking up a pizza for dinner.

John

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Good example of why we each must know the laws first.

When moving, before you move is a good time to do your research.

You know what they say about not knowing the law! :?

I always study and familiarize myself with the laws of other states as part of my advance preparation for a trip. The price for catastrophic failure is too high.

Yata hey

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RT48 wrote:

The Ohio Fraternal Order of Police opposes this bill.

The bill has fired up the Ohio Fraternal Order of Police, which said its membership is "irate and appalled" by changes it says will make police work even more life-threatening.

"I am kind appalled that they keep coming back and back to these issues that have already been heavily discussed," said Mark Drum of the FOP. "It just comes down to the fact that these are absolutely huge safety issues for law enforcement everywhere."

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http://www.cleveland.com/open/index.ssf/2010/03/bill_would_allow_guns_in_resta.html

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That statement is completely unfounded and ridiculous. It keeps coming back, because we won't stop fighting stupid legislation for our rights! But as was posted elsewhere in this forum, just because the place serves alcohol, doesn't mean I'm drinking, and just because I'm carrying a firearm, doesn't mean I'm a threat to LEO's. I know these discussions keep getting repeated, but really...these idiots need to produce hard facts and not just pull possibilities out of their A$$es!

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Grapeshot wrote:

jgregel wrote:Good example of why we each must know the laws first.

When moving, before you move is a good time to do your research.

You know what they say about not knowing the law! :?

I always study and familiarize myself with the laws of other states as part of my advance preparation for a trip. The price for catastrophic failure is too high.

Yata hey

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I know the Ohio laws very well. I moved from Bedford, Ohio to Bainbridge, Ohio. I have lived in Ohio all my life. What I didn't know was that the pizza place was a full restaurant that served alcohol. Couldn't tell from the outside. Just a front door in a plaza.

My point was that it is easy to screw yourself with the restaurant carry. Not all places serve alcohol and the places that do don't usually post a sign at the door. Allowing carry in a restaurant would get rid of this potential trap.

John

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Concealed Carry Reform Legislation to be Heard Next Week

http://ohioccw.org/201004094847/concealed-carry-reform-legislation-to-be-heard-next-week.html

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I don't think standing in line waiting for a pizza would make you a felon if all they were serving was beer. I believe that for you to be in violation they would have to sell whiskey. The beer license and the "Class D" restriction are two different license's.

You just couldn't consume the beer.

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JSlack7851 wrote:

I don't think standing in line waiting for a pizza would make you a felon if all they were serving was beer. I believe that for you to be in violation they would have to sell whiskey. The beer license and the "Class D" restriction are two different license's.

You just couldn't consume the beer.

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I don't know if they served other things and I don't know if the have a Class D or not. For argument sake I'm assuming they do have a full Class D license.

My point is that its too easy to walk into a place and find out that you are now committing a felony in Ohio. They don't post their license on the outside of the door and they didn't have a no gun sign. Without calling and asking a manager or owner its almost impossible to tell unless you go there unarmed the first time.

Turns out that I didn't really like their pizza so I won't be back.

Its time again for Ohio to catch up to the rest of the states and allow carry in a restaurant as long as you are not drinking.

John

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I have had a CCW for years. I do carry it 95% of the time when I go out. As for the FOP not liking the law about CCW in a restaurants. I have talked to about 15 policemen and women. They all say that if you are not drinking and you have a CCW they feel you should carry. The people that say the FOP does not like it are the ones that do not like it. But and I say this once more BUT, if you or anyone else does not like when they see a sign that tells US (the CCW people) they do not want guns inside then leave. We have the right to carry, open or concealed. And they have the right to ask us not to come in. Just leave. Tell them you are going someplace else. I have been asked once not to carry. I told them I would not come back. Now the sign is gone. So I'm back