Reps. Danny Bubp & Jarrod Martin introduce HB203: Restaurant Carry

PROGRAMMING NOTE: Rep. Bubp will appear as a guest on Firearms Forum, Ohio's first talk radio show about guns and gun rights, this Sunday night on Cleveland's WHK 1420 AM and live on the Internet. The show begins at 8pm, with Buckeye Firearms Association Chairman Jim Irvine as host.

Representative Danny Bubp (R-88) of West Union and Rep. Jarrod Martin (R-70) of Beavercreek have introduced House Bill 203, which seeks 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."

"The problem of not being able to protect one's family while out to dinner is one of the most common complaints I hear from concealed carry license holders," said Rep. Bubp. "They have proven themselves to be responsible, and there is no reason to think they won't be every bit as responsible while eating dinner as they are in every other aspect of their lives."

What follows is the pertinent language from the bill, with the proposed language underlined:

Sec. 2923.121. (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.

(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 and who possesses the firearm in a retail food establishment or food service operation with any class liquor permit issued for that location under Chapter 4303. of the Revised Code, or 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.
...
(F) As used in division (B) of this section, "retail food establishment" and "food service operation" have the same meanings as in section 3717.01 of the Revised Code.

The bill has been assigned to the House Public Safety and Homeland Security committee, and is co-sponsored by Reps. John Adams (R), Ron Amstutz (R), Terry Blair (R), Courtney Combs (R), Dave Hall (R), Matt Huffman (R), Shannon Jones (R), Kris Jordan (R), Ron Maag (R), Ross McGregor (R), Barbara Sears (R), Todd Snitchler (R), Joe Uecker (R), Lynn Wachtmann (R), Jeff Wagner (R) and James Zehringer (R).

36 other states, including every state that borders Ohio, trust their citizens to carry a firearm for self-defense in restaurants that serve alcohol.

"Ohio is once again behind what the majority of states have already figured out," noted Buckeye Firearms Association chairman Jim Irvine. "The license holders are not the problem, so placing restrictions on them is not solving anything. Under current law guns must be left in the car while eating at most restaurants. Guns being stolen is yet another a real problem that HB203 helps solve."

Several other states are involved in a battle to restore self-defense rights for persons dining out with their families, with legislation under consideration in Arizona, North Carolina, and Virginia.

Similar legislation passed two House committees and the full House in New Mexico, only to die in the Senate Judiciary Committee in March, having failed to reach a quorum on the last day it was scheduled to consider bills.

In April, the state senate in Virginia failed to garner enough votes to override Governor Tim Kaine's (D) veto of that state's restaurant carry bill.

Meanwhile in Tennessee, the General Assembly may vote later today to override a veto by Democrat Governor Phil Bredesen.

For a complete list of legislation which we are tracking in the 128th General Assembly, visit the Buckeye Firearms Association Legislation Guide.

FOR IMMEDIATE RELEASE

June 3, 2009

Bubp Introduces Legislation to Expand Concealed Carry Laws

COLUMBUS––State Representative Danny R. Bubp (R-West Union) this week introduced legislation that defends and expands the rights of Ohioans to protect themselves through concealed carry laws.

Current law prohibits individuals with a concealed carry license from carrying in a restaurant where liquor is served. House Bill 203, sponsored by Representatives Bubp and Jarrod Martin (R-Beavercreek), adds restaurants to the existing exemption that covers class D retail stores provided that the concealed carry licensee is not consuming liquor or under the influence.

"As a strong supporter of Second Amendment rights, it is essential to allow responsible citizens the ability to protect themselves from harm," Rep. Bubp said. "This legislation is an important step in providing a legal and safe environment for Ohio’s law abiding concealed carry licensees."

The legislation specifies that is a felony for a licensee to consume alcohol in a restaurant while carrying.

All of Ohio's neighboring states allow some form of concealed carry in restaurants. Across the country, 40 states have provisions for carrying in a restaurant and three states are considering legislation to loosen restrictions.

Click here to watch a video on Restaurant Carry by Danny Bubp.