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Thread: Ohio set to allow restaurant carry

  1. #1
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    Ohio set to allow restaurant carry

    I don't see a bill number to know if this is accurate or not, but the news article claims it applies to permit holders and concealed carry. Any chance it allows OC as well?

    http://www.foxnews.com/politics/2011...s-restaurants/

  2. #2
    Regular Member parker64's Avatar
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    It is CC only, to the best of my knowledge. Just waiting on the governer to sign + 90days.

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    Regular Member usamarshal's Avatar
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    Unless the law says no OC then its allowed...Of course its up to the restaurant owners if they want to allow guns on there property. In Ohio you can OC anywhere you want, with the exception of gov't buildings, schools, etc... You can OC now in restaurants that don't serve alcohol for example.

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    Regular Member Northerner's Avatar
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    Thumbs up Congrats

    Congrats Ohio CHP holders.

    Just waiting for our NC Legislators to get off their collective buts and pass HB111 through the Senate and on to the Governer sometime next year.
    "Laws that forbid the carrying of arms...disarm only those who are neither inclined nor determined to commit crimes...Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man."
    Thomas Jefferson

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    SB 17 will allow a CHL holder to OC or CC in a D permit premises as long as he or she is not drinking and is not intoxicated. However, OC without a CHL remains prohibited.
    James M. "Jim" Mullins, Jr., Esq.
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    Founder, Past President, Treasurer, and General Counsel, West Virginia Citizens Defense League, Inc.
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    Quote Originally Posted by WVCDL View Post
    SB 17 will allow a CHL holder to OC or CC in a D permit premises as long as he or she is not drinking and is not intoxicated. However, OC without a CHL remains prohibited.
    Thanks. I had seen the news article, and figured I could get a better answer here, than if I tried to navigate the OH legislation page.

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    Founder's Club Member thebigsd's Avatar
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    Be careful...you know cause if you have guns in bars with alcohol there will be crazy Wild West shootouts and thousands of people will die...back in reality we have had a similar law in Virginia for about a year now and there have been ZERO issues...good luck to you guys
    "When seconds count between living or dying, the police are only minutes away."

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    Quote Originally Posted by WVCDL View Post
    However, OC without a CHL remains prohibited.
    Thats not true, OC is not restricted except in those gov. buildings. I just told a Metro Park Ranger the same thing this last weekend. OC is a right guarenteed by the Ohio Constitution, Section 1 Article 4:

    BEARING ARMS; STANDING ARMIES; MILITARY POWER.
    4 The people have the right to bear arms for their
    defense and security;
    Last edited by JSlack7851; 06-21-2011 at 11:19 AM.

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    Quote Originally Posted by JSlack7851 View Post
    Thats not true, OC is not restricted except in those gov. buildings. I just told a Metro Park Ranger the same thing this last weekend. OC is a right guarenteed by the Ohio Constitution, Section 1 Article 4:

    How does this permit OC?

    (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

  10. #10
    Regular Member parker64's Avatar
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    Without a CCW Permit you will still NOT be able to carry in a class D establishment.

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    Quote Originally Posted by RT48 View Post
    How does this permit OC?




    http://codes.ohio.gov/orc/2923.121
    This was one of the few restrictions, I guess I didn't mention. But you don't need a permit to OC in other places. That was the point I was trying to make. Lots of people OC and don't have a permit and the restaurant carry thing is close to being gone soon.

  12. #12
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    Quote Originally Posted by JSlack7851 View Post
    ...the restaurant carry thing is close to being gone soon.
    For licensees, yes. For non-licensees, no.

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    Quote Originally Posted by RT48 View Post
    For licensees, yes. For non-licensees, no.
    Show me the / any regulation that restricts OC in a Class D establishment after the Gov signs HB17... I must of missed that part of the bill.

    No permit is necessary to OC with a few restrictions as to "where" you can carry, like in a car, school, police station, ect, ect.
    Last edited by JSlack7851; 06-24-2011 at 03:08 PM.

  14. #14
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    Quote Originally Posted by JSlack7851 View Post
    Show me the / any regulation that restricts OC in a Class D establishment after the Gov signs HB17... I must of missed that part of the bill.

    No permit is necessary to OC with a few restrictions as to "where" you can carry, like in a car, school, police station, ect, ect.
    Under Ohio Rev. Code 2923.121(A), it is illegal to "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." This basic prohibition is not altered by SB 17.

    SB 17 does amend the exceptions to the basic prohibition on possessing firearms in D permit premises to exempt any CHL holder who is not under the influence and who does not consume beer or liquor while carrying. This exemption applies without regard to whether the CHL holder is carrying openly or concealed. However, in order for this exception to apply, the person must have a CHL. If a person does not have a CHL, it would remain a felony to "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" unless the person falls within some other exception listed in Ohio Rev. Code 2923.121(B) or (C).
    James M. "Jim" Mullins, Jr., Esq.
    Admitted to practice in West Virginia and Florida.

    Founder, Past President, Treasurer, and General Counsel, West Virginia Citizens Defense League, Inc.
    Life Member, NRA

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    Quote Originally Posted by WVCDL View Post
    Under Ohio Rev. Code 2923.121(A), it is illegal to "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." This basic prohibition is not altered by SB 17.
    Where here does it address OC? AFTER the Governor signs HB17 It will be legal to carry in a Class D establishment. Openly or concealed....its not specified one way or another.....unless someone can show me where, cuz I can't find it..

  16. #16
    Regular Member parker64's Avatar
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    Amazing....

    JSlack7851,

    It is too specified.... Both the car carry "fix", and the class D permit carry, are "SPECIFIC" to CCW permit holders. You still cannot carry a loaded firearm in your vehicle without a permit... and you will still "NOT" be able to carry in a class D without a permit. While I dont agree with any laws restricting the carrying of firearms, this is pretty straight forward stuff here. Carrying a loaded gun in a vehicle is Specific to permit holders... And so will be carrying a loaded gun in a Class D establishment.

    "WVCDL" gave you the link, maybe you missed it, but here is the meat of the sandwhich that you are having trouble swallowing..


    Senate Bill 17 is AN ACT.....
    ***(To amend sections 2923.121, 2923.125, 2923.128, 2923.16, 2953.321, 2953.33, and 2953.35 and to enact section 2953.37 of the Revised Code to permit a concealed carry licensee to possess a firearm in a liquor permit premises, or an open air arena, for which a D permit has been issued if the licensee is not consuming beer or intoxicating liquor or under the influence of alcohol or a drug of abuse, to modify the offense of improperly handling firearms in a motor vehicle as it applies to concealed carry licensees, and to authorize the expungement of a prior conviction of improperly handling firearms in a motor vehicle that no longer would be a crime under the bill. .)***


    Mike
    Last edited by parker64; 06-26-2011 at 07:24 PM.

  17. #17
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    Don't you see where is says "No person shall possess a firearm in any room..."?

    It says " a firearm", not "a concealed firearm". That is a blanket prohibition against ALL firearms in a liquor establishment.

    1. First the law establishes a complete prohibition against carrying in a liquor establishment.
    2. Then it goes on to list some exemptions. Not one of those exemptions applies to OC.

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    (B)(1) This section does not apply to any of the following:
    (e) Any person who is carrying a valid license or temporary emergency license to carry a concealed handgun issued to the person under section 2923.125 or 2923.1213 of the Revised Code or a license to carry a concealed handgun that was issued to the person by another state with which the attorney general has entered into a reciprocity agreement under section 109.69 of the Revised Code
    Seems pretty clear to me.

    RT48, Possession means possession, whether open or concealed...
    Last edited by xd shooter; 06-26-2011 at 10:28 PM.

  19. #19
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    I appreciate all your time trying to sink this in and I will study what all of you have said, hopefully it will sink in. Thanks!

  20. #20
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    Quote Originally Posted by xd shooter View Post
    Seems pretty clear to me.

    RT48, Possession means possession, whether open or concealed...
    The discussion is about whether unlicensed OC would be legal. We already agree that licensed OC will be legal when the law takes effect.

  21. #21
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    If opeN carry is protected by your state constitution why so many restrictions?? No car carry, no govt buildings, no liquor by the drink establishments???? Oc is protected by our state const. In ky and the only places we can't oc are courthouses that house only the court of justice "district court and circuit courts only" and detention facilities unless we get jailer or wardens permission. Everywhere else is ok, police stations, govt. Buildings, state Capitol, in our vehicle we can have ne deadly weapon, places that serve alcohol etc etc. Has anyone ever tied fighting any of these insane restrictions?? Seems to me alot of them are unconstitutional. Also, I'm going to a reds game next week and was wanting to know want exact date ur new class d establishment law takes effect and does no firearms signs hold force of law in oh? I really don't wanna be disarmed just walkm in a sports arena but the way it's lookn I'm gonna have to???? Thanks up frot for the help

  22. #22
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    Quote Originally Posted by KYGlockster View Post
    If opeN carry is protected by your state constitution why so many restrictions?? No car carry, no govt buildings, no liquor by the drink establishments???? Oc is protected by our state const. In ky and the only places we can't oc are courthouses that house only the court of justice "district court and circuit courts only" and detention facilities unless we get jailer or wardens permission. Everywhere else is ok, police stations, govt. Buildings, state Capitol, in our vehicle we can have ne deadly weapon, places that serve alcohol etc etc. Has anyone ever tied fighting any of these insane restrictions?? Seems to me alot of them are unconstitutional. Also, I'm going to a reds game next week and was wanting to know want exact date ur new class d establishment law takes effect and does no firearms signs hold force of law in oh? I really don't wanna be disarmed just walkm in a sports arena but the way it's lookn I'm gonna have to???? Thanks up frot for the help
    Because this is OHIO, were the Liberals have infiltrated our government to the point of near colapse, with a lack of common sense etc... We have come along way on reversing some of this crap with a long way yet to go .

  23. #23
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    Unhappy Hmm...

    KYGlockster...

    No we here in Ohio don't feel it's necessary to fight for our rights... the government will do it for us....

    Geesh... what a silly question.. have you even glanced at the boards.....

    And you want us to tell you what you can and can't do...

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