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H. B. No. 203 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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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
A BILL
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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2923.121 of the Revised Code be
amended to read as follows:
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:
(a) An officer, agent, or
employee of this or any other state
or the United States, or to a
law enforcement officer, who is
authorized to carry firearms and is
acting
within the scope of the
officer's, agent's, or employee's duties;
(b) Any person who is employed in this state, who is
authorized to carry firearms, and who is subject to and in
compliance with the requirements of section 109.801 of the Revised
Code, unless the appointing authority of the person has expressly
specified that the exemption provided in division (B)(1)(b) of
this section does not apply to the person;
(c) Any room used for
the
accommodation of guests of a
hotel, as defined in section
4301.01
of the Revised Code;
(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.
(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.
(2) This section does not prohibit any person who is a
member
of a veteran's organization, as defined in section 2915.01
of the
Revised Code, from possessing a rifle in any room in any
premises
owned, leased, or otherwise under the control of the
veteran's
organization, if the rifle is not loaded with live
ammunition and
if the person otherwise is not prohibited by law
from having the
rifle.
(3) This section does not apply to any person possessing
or
displaying firearms in any room used to exhibit unloaded
firearms
for sale or trade in a soldiers' memorial established
pursuant to
Chapter 345. of the Revised Code, in a convention
center, or in
any other public meeting place, if the person is an
exhibitor,
trader, purchaser, or seller of firearms and is not
otherwise
prohibited by law from possessing, trading, purchasing,
or selling
the firearms.
(C) It is an affirmative defense to a charge under this
section of illegal possession of a firearm in liquor permit
premises that involves the possession of a firearm other than a
handgun, that the actor was not otherwise prohibited by law from
having the firearm, and that any of the following apply:
(1) The firearm was carried or kept ready at hand by the
actor for defensive purposes, while the actor was engaged in
or
was going to or from the actor's lawful business or
occupation,
which business or occupation was of such character or was
necessarily
carried on in such manner or at such a time or place
as to render
the actor particularly susceptible to criminal
attack, such as
would justify a prudent person in going armed.
(2) The firearm was carried or kept ready at hand by the
actor for defensive purposes, while the actor was engaged in
a
lawful activity, and had reasonable cause to fear a criminal
attack upon
the actor or a member of the actor's
family, or upon
the actor's home, such as
would justify a prudent person in going
armed.
(D) No person who is charged with a violation of this
section
shall be required to obtain a license or temporary emergency
license to carry a concealed
handgun under section 2923.125 or
2923.1213 of the Revised Code as a condition
for the dismissal of
the charge.
(E) Whoever violates this section is guilty of illegal
possession of a firearm in liquor permit premises. Except as
otherwise provided in this division, illegal possession of a
firearm in liquor permit premises is a felony of the
fifth
degree.
If the offender commits the violation of this section by knowingly
carrying or having the firearm concealed on the offender's person
or concealed ready at hand, illegal possession of a firearm in
liquor permit premises is a felony of the third degree.
(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.
Section 2. That existing section 2923.121 of the Revised Code
is hereby repealed.
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