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House Bill 45 Proposes Legislation to Allow Concealed Handguns in Class D Liquor Permit Premises, Including Restaurants and Bars

House Bill 45 was recently introduced as legislation before the 129th Ohio General Assembly.

House Bill 45 simplifies the provisions regarding the carrying of firearms in vehicles by eliminating certain requirements about where a gun must be stored in a vehicle, although it retains the current procedures that are followed when a licensee is pulled over and approached by a police officer.

In addition and, perhaps more significant to many business owners, House Bill 45 proposes to expand the locations that serve liquor at which a concealed carry licensee may legally enter while in possession of a concealed handgun to include any premises that has been issued a D liquor permit, which includes carry outs, restaurants, nightclubs, clubs, hotels, shopping malls, marinas, museums, and other establishments. However, House Bill 45 prohibits a concealed carry licensee from consuming liquor or being under the influence of alcohol while in possession of a concealed handgun and being in a business premises that has been issued a D liquor permit.

House Bill 45 recently moved out of Committee, and will now soon move to the House Floor for a vote. In fact, by the time this article is published, House Bill 45 may have already been voted on by the House of Representatives.
State Representative Danny Bubp (R-West Union), who supports House Bill 45, stated that “House Bill 45 is an important step in providing a safe, legal environment for Ohio’s law-abiding citizens with concealed carry permits.” State Representative Terry Johnson (R-McDermott), who also supports the Bill, said “It is important that Ohio’s concealed carry laws are comprehensive and in line with those of other states. Lawful concealed carry licensees in Ohio who have followed the rules and been responsible gun owners should have similar rights and liberties as licensees in other states.”
Of the 48 states that issue concealed carry licenses, Ohio is one of the few that prohibit individuals with a license from carrying a concealed gun in a restaurant where liquor is served.
House Bill 45 has been supported by the National Rifle Association, the Buckeye Firearms Association and Ohioans for Concealed Carry.
However, many Ohio restaurant and bar owners, including the Ohio Licensed Beverage Association, have expressed opposition to House Bill 45. These groups acknowledge that, while a person carrying a concealed handgun in a permit premises may not consume or be under the influence of alcohol, there is no way for a restaurant or bar owner to verify whether the person being served has a handgun or a valid conceal carry license. In an already highly regulated industry, these laws, if passed, could prove to be difficult for restaurant and bar owners to enforce.

Significantly, private business owners still have the authority to prohibit concealed handguns at their business locations by the posting of a proper notice on their premises.

For more information about House Bill 45, you may go to http://www.legislature.state.oh.us.

Submitted by:
Lisa A. Wafer,
The Law Offices of Saia & Piatt, Inc.
713 S. Front St.
Columbus, OH 43206
614-444-3036, 614-445-7873 (fax)