Ohio CCW Law and carrying in a resturant which serves alcohol

[ORSalesRep]

hi all,

I am received my CCW permit about a month ago in Ohio. It's my understanding that in Ohio, it is illegal to carry in bars or resturants which serve alcohol. I do not drink at all, so I don't understand why the law prevents me from carrying in say an Applebees on a Saturday afternoon when I am out to lunch with my family. What would prevent a bad guy from coming into the Applebees and going on some crazed shooting spree? I would have no way to protect my family with my firearm in the car glove compartment. What are your thoughts on this? Does anyone think that this restriction will ever change?

[kb2wji]

There are similar laws in many states. You have to read the law very carefully. Many times there are seperate sections to that law. Sometimes stipulations that state if you do not consume alcohol, you can carry.

[wyntrout]

Or you just have to stay out of the "Bar" section of restaurants or businesses who derive more than 50% of their revenue from serving food.
I think that down here in Florida we're still allowed to protect ourselves after a few drinks, but you had better be damn sure it was a righteous self-defense incident. The burden of proof will be on you and your impaired condition.
Again, it can get down to being carried by six or judged by 12, whether you were legally carrying or not.
Wynn

[Dietrich]

Here in North Carolina the law prohibits carry in any esablishment where alcohol is sold for on premises consumption. It makes no difference if you are in the bar or the restaurant section and no difference that you,yourself are not drinking.There is a zero tolerance for alcohol in your system if you carry in this state anyway .During the last legislative session,there was a push to change the law about carrying in a restaurant that sells alcohol but it was tabled and never was really looked at. I guess it`s the old try,try again thing.My question is this: If there`s a statute that forbids carry while having any alcohol in your system,why can`t you carry in a restaurant that sells alcohol as you aren`t drinking anything in the first place?Before anyone says,"Well,as long as no one sees it,carry it anyway" I`ll tell you that that`s not the point.As long as I`m not imbibing,I think that I should legally be able to carry in a restaurant with a bar.If they want to stipulate not in the bar area,fine.I don`t drink anyway.

[recoilguy]

That is a difficult question and does present difficult to answer senerios. Like was mention sometimes it is the carried by 6 judged by 12. The thing that cause me doubt is if I were there with my wife and daugter and a BG was about to do harm to one of them. My gun is in the car outside the window and my daughter is yelling daddy help me. Because in that case if he had a gun I would be bringing a butter knife to his gun fight. That alone helps me know. I would never advise anyone to break the law........ever. Know the law, no it very well, make your decisions based on that. Breaking a gun law is a pretty serious thing. No matter how silly it seems to us.

RCG

[jeep45238]

OFCC is currently working on pushing through legislation that changes this.

Unfortunately, the law doesn't care if you understand why it was passed, even if it doesn't effect you. Unlike other states, Ohio doesn't care about the % profit made off of booze, or if you're drinking or not.

I would suggest looking for some ma/pa places to eat that don't serve instead.




Keep in mind that there is no law against pepper spray. There is also no law against a knife, as long as you carry it as a tool (illegal as a weapon). Anything that's not bolted down, like it or not, is a weapon. Get creative - or go to some place like Crac ker Barrel.

[Price]

Here in North Carolina the law prohibits carry in any esablishment where alcohol is sold for on premises consumption. It makes no difference if you are in the bar or the restaurant section and no difference that you,yourself are not drinking.There is a zero tolerance for alcohol in your system if you carry in this state anyway .During the last legislative session,there was a push to change the law about carrying in a restaurant that sells alcohol but it was tabled and never was really looked at. I guess it`s the old try,try again thing.My question is this: If there`s a statute that forbids carry while having any alcohol in your system,why can`t you carry in a restaurant that sells alcohol as you aren`t drinking anything in the first place?Before anyone says,"Well,as long as no one sees it,carry it anyway" I`ll tell you that that`s not the point.As long as I`m not imbibing,I think that I should legally be able to carry in a restaurant with a bar.If they want to stipulate not in the bar area,fine.I don`t drink anyway.
This is almost the exact situation that Ohio is currently in. There is currently legislation being pushed to allow carry in restaurants as long as no alcohol is consumed. That seems to be the most logical commen sense way to fix this but the law has not passed yet and to be honest I have little faith in common sense these days. I know concealed means concealed and all but I personally choose to only carry where I can do so legally. I beleive I should be able to do so legally in restaurants so hopefully the good guys will win this one soon.

[Longitude Zero]

As long as you are in the restaurant section I believe you will be okay. In OK if you are not in the bar section and have not consumed alcohol you are good to go.

If you have possesion of a concealed wepon and have consumed alcohol in OK you are in SERIOUS trouble. Consuming alcohol while CCW is just stupid. Never consume alcohol with a weapon!!!

[jeep45238]

As long as you are in the restaurant section I believe you will be okay. In OK if you are not in the bar section and have not consumed alcohol you are good to go.

If you have possesion of a concealed wepon and have consumed alcohol in OK you are in SERIOUS trouble. Consuming alcohol while CCW is just stupid. Never consume alcohol with a weapon!!!


State law says that no legal CHL in any room where a Class D for consumption on the premisis is given. Unless there is a different building for the restaurant where there is NO alcohol being served vs. the bar, and they can not serve booze there, the advice given above will give you serious legal problems if you ignore the law and are caught.

But hey, I've only been actively involved in the politics, legal, and activism parts of Ohio CHL since 2007.

Students want chance to defend themselves - CNN.com (http://www.cnn.com/2008/US/04/14/campus.guns/index.html)

[ORSalesRep]

I posted the original question knowing that in Ohio, one is not allowed to legally carry in any establishment which serves alcohol regardless of whether one is in the bar section or not. Equally, it makes no difference if you are not consuming alcohol. If the establishment has a liquor license, then NO CARRY Period. I know that one has the option to take the family to resturants where there is no liquor license, but this really limits family outings to fast food places such as McDonalds. Most places, I would like to family dine, have liquor licenses. I hope that the law changes soon and allows one to carry in an alcohol serving establishment, as long as the person carrying is not consuming alcohol.

[jeep45238]

If the establishment has a liquor license, then NO CARRY Period.


False. Class D only, Class F is perfectly fine. Also, state law specifies that beer is not alcohol, so if the Class D is for beer only, the letter of the law states that you CAN carry there - but you won't find me being the test case.

[jstringer]

Same law here in VA but it is being changed. CCP holders will be able to carry in but cannot drink.

What I want to see too is having state law over ride workplace rules so you can carry to work and leave your CCW in your vehicle locked up.
Where I work they have a big no weapons of any kind sign and it includes the parking lot and private vehicles.
Would you believe they even include a simple pocket knife???
grrrrrrrrrrrrr
They will allow an "electricians" knife as long as you don't take it in and out of work.
So what the heck can you not do with and electrician's knife that you can't do with a regular old pcket knife??? The blades on them are pretty darn big!

Idiots...........

[Mac4Willy]

I understand the situation in Ohio, I have had my CCW since they first offered it.
I was also a police officer and know what the law states. They are currently working on pushing that threw.
Personally, not a good idea.
If I am carrying, I do not even think of having alcohol. Just the way it is.
As for the question of the crazy man coming into the establishment and start shooting......WELL the idea is CONCEALED CARRY. When I am going out with my family and we go to say Applebees, and I am carrying, I never leave my weapon in the car or anywhere else. I take it into the store, restaurant, or where ever we may be going. I does not do you any good in the car.
With that said, I am taking a risk...but I WILL NOT RISK MY FAMILY'S WELL BEING OR LIFE.
Sorry for the rant.:crazy:

[deuce]

I will not risk my family's well being either but the fact of the matter is that if something does happen I'm looking at a felony 4 which would permently take away my right to ever possess a firearm again. This law has got to be ammended and fast.

[jocko]

In Indiana, I know they charge a person who is caught with a handgun and no permit to carry, normally they charge him with a misdeameanor. Not sure they can't charge him with a felony but most of the time I have read jsut a misdeameanor. Not sure how we address a person from out of state caught with a handgun and no permit. but I wantto think it would stillbe a misdeameanor. Most lawyers can get a charge reduced to, but it cost bucks to do so.

[deuce]

The felony that I'm talking about is a ccw permit holder getting caught carrying in an establishment with a class d liquor permit. That includes sitting down to dinner at an Applebees while carrying your weapon.

[earle8888]

This a copy of the law currently pending in OHIO
House Bill 203 (http://www.legislature.state.oh.us/bills.cfm?ID=128_HB_203)
To amend section 2923.121 of the Revised Code to allow a concealed carry licensee who is not consuming liquor and is not under the influence to carry a concealed handgun in a retail food establishment or food service operation with any class liquor permit issued for the location.

Status of Legislation
Assigned to Public Safety & Homeland Security committee.

Related Stories
Bill to remove ban on self-defense while dining introduced! (http://www.ohioccw.org/200906024474/bill-to-remove-ban-on-self-defense-while-dining-introduced.html)

[Bawanna]

I understand the situation in Ohio, I have had my CCW since they first offered it.
I was also a police officer and know what the law states. They are currently working on pushing that threw.
Personally, not a good idea.
If I am carrying, I do not even think of having alcohol. Just the way it is.
As for the question of the crazy man coming into the establishment and start shooting......WELL the idea is CONCEALED CARRY. When I am going out with my family and we go to say Applebees, and I am carrying, I never leave my weapon in the car or anywhere else. I take it into the store, restaurant, or where ever we may be going. I does not do you any good in the car.
With that said, I am taking a risk...but I WILL NOT RISK MY FAMILY'S WELL BEING OR LIFE.
Sorry for the rant.:crazy:

Good rant, this is what I do too. I'd rather risk violating the law than risk my family.

[f44life]

well if your gun is concealed then who knows you have one? carry it in just be careful that it doesnt peek out

[burns]

As long as you are in the restaurant section I believe you will be okay. In OK if you are not in the bar section and have not consumed alcohol you are good to go.

If you have possesion of a concealed wepon and have consumed alcohol in OK you are in SERIOUS trouble. Consuming alcohol while CCW is just stupid. Never consume alcohol with a weapon!!!

Just so I have your logic straight...
NEVER? I had a beer with dinner last night, in my home. My gun was on my hip. So, according to you, this was stupid. Would you care to explain why?

[aray]

It's fine to say you'd rather be judged by 12 than carried by 6. I get that, I really do. But I suspect you're much more likely to be arrested and thrown into jail for a long time at worst, or convicted of a felony firearms violation and lose your right to carry (even in your own state) at best, than you are to actually need to use your gun in a life & death situation.

Case in point, Brian Aitken who was convicted and sentenced to 7 years in prison for simply trying to legally move his guns into New Jersey. Simple mistakes lead to dire consequences if you get a crazy prosecutor: http://reason.com/archives/2010/11/15/brian-aitkens-mistake

FYI to track the byzantine series of every-changing state firearm laws, the two best links I like to use are: http://www.handgunlaw.us/ and http://www.nraila.org/gunlaws/

[burns]

Good point, and it does come down to which laws you are willing to break and the statistical likelihood of both possibilities; having to use the gun in self-defense vs. getting searched by a police officer.

Of course, the areas that I am most likely to need a gun are the same areas I'm not allowed to carry one. The obvious advice is "then don't go there" but, unfortunately, I have to for work.

[Chowser]

Necro post:

Ohio Senate Passes SB239.
I don't really keep up to date with Ohio's CCW laws, but I should. I think since people started getting permits here in Ohio, I have never stopped anyone (who has a permit) that had their gun on them. Weird.


http://www.buckeyefirearms.org/node/7295

Just needs to pass the house.

Only condition for carrying into those places is that you cannot consume any alcohol. Never bothered me because I don't drink.

[earle8888]

Ohio House has passed the 'restaurant carry bill !!! Now reconciliation of house and senate and then to Governor. Maybe before June ends!!!

[aray]

Good news, and good luck!

[MikeyKahr]

Don't count your chickens until they hatch. Gov. Kasich still has to sign it before it becomes state law. He's flip-flopped on 2A issues before - let's hope he doesn't do it again.