What SB184 means to you: Part VII – “Class D” victim zones

By Jim Irvine

SB184 is 75 pages. It will go into effect on September 09, 2008. This is part of a series of articles looking at specific sections of the bill and how it will affect you. Keep in mind that I am not an attorney and this does not constitute legal advice. Concealed carry license holders are required to read the Attorney General guide. I highly recommend “The Ohio Guide to Firearms Laws” by Ken Hanson, Esq. (NOW AVAILABLE: Update for SB184).

Of all the places concealed handgun licensees (CHL’s) are banned from carrying a gun, the ban in “any room in which liquor is being dispensed” was the one we were most often asked to address. While this section is greatly improved, we expect it to continue to be one of the most hated by gun owners, as it still bans carry in restaurants that serve alcohol, regardless of whether the CHL is under the influence of alcohol or not.

If this is an important issue to you, make sure your legislator understands your concern on this issue. It will continue to be a political hot button to fix.

Sec 2923.126 (B) lists the areas that CHL’s are prohibited from carrying a concealed handgun.

Sec2923.126 (B)
(4) Any room or open air arena in which liquor is being dispensed in premises or open air arena for which a D permit has been issued under Chapter 4303. of the Revised Code, if the licensee's carrying the concealed handgun is in violation of section 2923.121 of the Revised Code;

Sec. 2923.121. (A) No person shall possess a firearm in any room in which any person is consuming liquor is being dispensed 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.

Section (B) lists the exceptions to this prohibition. Two new exceptions are added.

The first exception is for owners of a liquor establishment and off-duty police who are employed by the owner.

(d) The principal holder of a D permit issued for premises or an open air arena under Chapter 4303. of the Revised Code while in the premises or open air arena for which the permit was issued if the principal holder of the D permit also possesses a valid license or temporary emergency license to carry a concealed handgun issued to the principal holder under section 2923.125 or 2923.1213 of the Revised Code or a license to carry a concealed handgun that was issued to the principal holder by another state with which the attorney general has entered into a reciprocity agreement under section 109.69 of the Revised Code and as long as the principal holder is not consuming liquor or under the influence of alcohol or a drug of abuse, or any agent or employee of that holder who also is a peace officer, as defined in section 2151.3515 of the Revised Code, who is off duty, and who otherwise is authorized to carry firearms while in the course of the officer's official duties and while in the premises or open air arena for which the permit was issued and as long as the agent or employee of that holder is not consuming liquor or under the influence of alcohol or a drug of abuse.

The second exception applies to all CHL and address the carry of firearms in grocery stores, gas stations, and other places that sell beer or alcohol for off premises consumption. Note that the CHL must not be consuming, or under the influence of alcohol.

(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 and who possesses the firearm in a retail store with D-6 and D-8 permits issued for that store under sections 4303.182 and 4303.184 of the Revised Code or a D-8 permit issued for that store under section 4303.184 of the Revised Code, as long as the person is not consuming liquor or under the influence of alcohol or a drug of abuse.

We understand that carry in restaurants is important to CHL’s and will continue to address this issue with the legislature. But without increased support from constituents like you, that change will be a long time coming.

• DOWNLOAD THE ACT
• SB184 Analysis: Significant practical improvements for ALL Ohioans
• What SB184 means to you: Part I – Castle Doctrine
• What SB184 means to you: Part II – Seizure and Return of Firearm
• What SB184 means to you: Part III – Official Stops
• What SB184 means to you: Part IV – Transportation of Unloaded Firearms
• What SB184 means to you: Part V – School Safety Zones
• What SB184 means to you: Part VI - Government building victim zones
• What SB184 means to you: Part VII – “Class D” victim zones
• What SB184 means to you: Part VIII – Sealed and expunged records

Hanson's "The Ohio Guide to Firearms Laws” updated to reflect SB184 changes