Bill Text: OH HB203 | 2009-2010 | 128th General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Republican 18-0)
Status: (Introduced - Dead) 2009-06-02 - To Public Safety & Homeland Security [HB203 Detail]
Download: Ohio-2009-HB203-Introduced.html
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Representatives Bubp, Martin
Cosponsors:
Representatives Adams, J., Amstutz, Blair, Combs, Hall, Huffman, Jones, Jordan, Maag, McGregor, Sears, Snitchler, Uecker, Wachtmann, Wagner, Zehringer
| To amend section 2923.121 of the Revised Code to | 1 |
| allow a concealed carry licensee who is not | 2 |
| consuming liquor and is not under the influence to | 3 |
| carry a concealed handgun in a retail food | 4 |
| establishment or food service operation with any | 5 |
| class liquor permit issued for the location. | 6 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
| Section 1. That section 2923.121 of the Revised Code be | 7 |
| amended to read as follows: | 8 |
| Sec. 2923.121. (A) No person shall possess a firearm in any | 9 |
| room in which any person is consuming liquor in premises for | 10 |
| which a D permit has been issued under Chapter 4303. of the | 11 |
| Revised Code or in an open air arena for which a permit of that | 12 |
| nature has been issued. | 13 |
| (B)(1) This section does not apply to any of the following: | 14 |
| (a) An officer, agent, or employee of this or any other state | 15 |
| or the United States, or to a law enforcement officer, who is | 16 |
| authorized to carry firearms and is acting within the scope of the | 17 |
| officer's, agent's, or employee's duties; | 18 |
| (b) Any person who is employed in this state, who is | 19 |
| authorized to carry firearms, and who is subject to and in | 20 |
| compliance with the requirements of section 109.801 of the Revised | 21 |
| Code, unless the appointing authority of the person has expressly | 22 |
| specified that the exemption provided in division (B)(1)(b) of | 23 |
| this section does not apply to the person; | 24 |
| (c) Any room used for the accommodation of guests of a | 25 |
| hotel, as defined in section 4301.01 of the Revised Code; | 26 |
| (d) The principal holder of a D permit issued for premises or | 27 |
| an open air arena under Chapter 4303. of the Revised Code while | 28 |
| in the premises or open air arena for which the permit was issued | 29 |
| if the principal holder of the D permit also possesses a valid | 30 |
| license or temporary emergency license to carry a concealed | 31 |
| handgun issued to the principal holder under section 2923.125 or | 32 |
| 2923.1213 of the Revised Code or a license to carry a concealed | 33 |
| handgun that was issued to the principal holder by another state | 34 |
| with which the attorney general has entered into a reciprocity | 35 |
| agreement under section 109.69 of the Revised Code and as long as | 36 |
| the principal holder is not consuming liquor or under the | 37 |
| influence of alcohol or a drug of abuse, or any agent or | 38 |
| employee of that holder who also is a peace officer, as defined | 39 |
| in section 2151.3515 of the Revised Code, who is off duty, and | 40 |
| who otherwise is authorized to carry firearms while in the course | 41 |
| of the officer's official duties and while in the premises or | 42 |
| open air arena for which the permit was issued and as long as | 43 |
| the agent or employee of that holder is not consuming liquor or | 44 |
| under the influence of alcohol or a drug of abuse. | 45 |
| (e) Any person who is carrying a valid license or temporary | 46 |
| emergency license to carry a concealed handgun issued to the | 47 |
| person under section 2923.125 or 2923.1213 of the Revised Code or | 48 |
| a license to carry a concealed handgun that was issued to the | 49 |
| person by another state with which the attorney general has | 50 |
| entered into a reciprocity agreement under section 109.69 of the | 51 |
| Revised Code and who possesses the firearm in a retail food | 52 |
| establishment or food service operation with any class liquor | 53 |
| permit issued for that location under Chapter 4303. of the Revised | 54 |
| Code, or in a retail store with D-6 and D-8 permits issued for | 55 |
| that store under sections 4303.182 and 4303.184 of the Revised | 56 |
| Code or a D-8 permit issued for that store under section 4303.184 | 57 |
| of the Revised Code, as long as the person is not consuming | 58 |
| liquor or under the influence of alcohol or a drug of abuse. | 59 |
| (2) This section does not prohibit any person who is a member | 60 |
| of a veteran's organization, as defined in section 2915.01 of the | 61 |
| Revised Code, from possessing a rifle in any room in any premises | 62 |
| owned, leased, or otherwise under the control of the veteran's | 63 |
| organization, if the rifle is not loaded with live ammunition and | 64 |
| if the person otherwise is not prohibited by law from having the | 65 |
| rifle. | 66 |
| (3) This section does not apply to any person possessing or | 67 |
| displaying firearms in any room used to exhibit unloaded firearms | 68 |
| for sale or trade in a soldiers' memorial established pursuant to | 69 |
| Chapter 345. of the Revised Code, in a convention center, or in | 70 |
| any other public meeting place, if the person is an exhibitor, | 71 |
| trader, purchaser, or seller of firearms and is not otherwise | 72 |
| prohibited by law from possessing, trading, purchasing, or selling | 73 |
| the firearms. | 74 |
| (C) It is an affirmative defense to a charge under this | 75 |
| section of illegal possession of a firearm in liquor permit | 76 |
| premises that involves the possession of a firearm other than a | 77 |
| handgun, that the actor was not otherwise prohibited by law from | 78 |
| having the firearm, and that any of the following apply: | 79 |
| (1) The firearm was carried or kept ready at hand by the | 80 |
| actor for defensive purposes, while the actor was engaged in or | 81 |
| was going to or from the actor's lawful business or occupation, | 82 |
| which business or occupation was of such character or was | 83 |
| necessarily carried on in such manner or at such a time or place | 84 |
| as to render the actor particularly susceptible to criminal | 85 |
| attack, such as would justify a prudent person in going armed. | 86 |
| (2) The firearm was carried or kept ready at hand by the | 87 |
| actor for defensive purposes, while the actor was engaged in a | 88 |
| lawful activity, and had reasonable cause to fear a criminal | 89 |
| attack upon the actor or a member of the actor's family, or upon | 90 |
| the actor's home, such as would justify a prudent person in going | 91 |
| armed. | 92 |
| (D) No person who is charged with a violation of this section | 93 |
| shall be required to obtain a license or temporary emergency | 94 |
| license to carry a concealed handgun under section 2923.125 or | 95 |
| 2923.1213 of the Revised Code as a condition for the dismissal of | 96 |
| the charge. | 97 |
| (E) Whoever violates this section is guilty of illegal | 98 |
| possession of a firearm in liquor permit premises. Except as | 99 |
| otherwise provided in this division, illegal possession of a | 100 |
| firearm in liquor permit premises is a felony of the fifth degree. | 101 |
| If the offender commits the violation of this section by knowingly | 102 |
| carrying or having the firearm concealed on the offender's person | 103 |
| or concealed ready at hand, illegal possession of a firearm in | 104 |
| liquor permit premises is a felony of the third degree. | 105 |
| (F) As used in division (B) of this section, "retail food | 106 |
| establishment" and "food service operation" have the same meanings | 107 |
| as in section 3717.01 of the Revised Code. | 108 |
| Section 2. That existing section 2923.121 of the Revised Code | 109 |
| is hereby repealed. | 110 |
