|
back
to liquor permits & compliance >
Recently Passed Bill Allows Concealed Handguns
in Class D Liquor Permit Premises, Including
Restaurants and Bars
On June 15, 2011, the Ohio Senate voted 25-7 to
approve amendments to Senate Bill 17, a bill which
allows concealed carry licensees to carry handguns
in Class D liquor permit premises, including
restaurants and bars. The Ohio House has also
approved the Bill by a 55-38 vote. The Bill is now
on its way to Governor Kasich for signature. The
Governor has intimated that he will sign the Bill.
"I'm for the Second Amendment," Governor Kasich was
quoted as saying.
The Bill 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.
More significant to many business owners, the Bill
expands 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, the Bill prohibits a
concealed carry licensee from consuming liquor or
being under the influence of alcohol while in
possession of a concealed handgun and beingon a
business premises that has been issued a D liquor
permit.
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.
The Bill has been supported by the National Rifle
Association, the Buckeye Firearms Association and
Ohioans for Concealed Carry.
Many Ohio restaurant and bar owners, including the
Ohio Licensed Beverage Association, have expressed
opposition to the Bill. 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. Private business owners
may, in fact, have little choice other than to post
such a legal notice in order to keep their insurance
rates from increasing significantly.
As for the future of similar gun legislation, House
Bill 256 was recently introduced to the Ohio House
(sponsored by Representative John Adams, R-Sidney).
This Bill proposes to eradicate the need for a
concealed carry permit. The Bill allows any person
who "qualifies for a permit", but does not have one,
to carry a concealed weapon. In addition, the Bill
proposes to allow firearms in colleges, churches,
child-care centers and government buildings,
presumably including the Ohio Statehouse.The chance
of this recently introduced Bill becoming law, which
would have been miniscule in the past, isunclear
given the current General Assembly.
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)
|
