Ohio's step in the right direction

Ohio's step in the right direction

This is a discussion on Ohio's step in the right direction within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Just found this a few minutes ago - hot off the press: COLUMBUS -- Senate Bill 239, which clarifies how weapons must be carried in ...

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Thread: Ohio's step in the right direction

  1. #1
    Senior Member Array Divebum47's Avatar
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    Ohio's step in the right direction

    Just found this a few minutes ago - hot off the press:

    COLUMBUS -- Senate Bill 239, which clarifies how weapons must be carried in a vehicle and allows concealed weapons to be carried in restaurants that serve alcohol if the licensee is not drinking and only if permitted by the establishment, passed in the Ohio Senate on Thursday.

    "SB 239 brings Ohio's concealed carry laws in line with those in many other states while reaffirming law-abiding citizens' constitutional rights to protect themselves and their families," Sen. Tim Schaffer, R-Lancaster, said in a news release. "Since Ohio's concealed carry laws were enacted in 2004, the increase in violent crime and other criminal activity that some predicted has not come pass, and the changes we are making today will improve the law while making it easier for all concealed carry permit holders to follow."

    Joining Schaffer as lead sponsor of the bill was Sen. Shannon Jones, R- Springboro.

    Ohio law currently requires a weapon in a vehicle to be kept in a holster, a closed glove compartment, a locked case or in a purse or bag kept in plain sight. SB 239 removes these restrictions, but maintains existing safeguards and penalties in place to protect law enforcement, licensees and others during a traffic stop. Licensees must keep their hands in plain sight, promptly notify the officer of the presence of a firearm, not touch or handle the firearm during the stop, remain in the vehicle unless otherwise instructed and abide by the directions of the officer.

    The bill also would permit a person to carry a concealed weapon into restaurants holding class D licenses, so long as the licensee is not consuming alcohol. It is important to note that individual restaurants still can decide not to permit concealed weapons on the premises and SB 239 does not change current law that prohibits a person from possessing a firearm while under the influence of drugs or alcohol.

    SB 239 now moves to the House of Representatives for further consideration.
    If you are an Ohioan, please contact your State Representative and ask him or her to support the bill once it gets to the House.
    "Never underestimate the power of stupid people in large groups"


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    VIP Member Array SIGguy229's Avatar
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    only if permitted by the establishment
    So....how do they plan on implementing this part? Or is it assumed guns are allowed unless a sign is posted? Do signs have the weight of law??
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    I am not a lawyer, so this is not legal advice.

    Ohio generally has a provision that establishments can post gun buster signs and keep concealed carry out of their business. I believe that this new law, if passed, will simply put restaurants that serve alcohol in the same position as other businesses. Given that many are already posted, they will have to remove their signs to allow or permit concealed carry.
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    Senior Member Array Divebum47's Avatar
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    Quote Originally Posted by ksholder View Post
    I am not a lawyer, so this is not legal advice.

    Ohio generally has a provision that establishments can post gun buster signs and keep concealed carry out of their business. I believe that this new law, if passed, will simply put restaurants that serve alcohol in the same position as other businesses. Given that many are already posted, they will have to remove their signs to allow or permit concealed carry.
    Correct. and the signs do have the weight of law.

    Should this law pass, it makes it an option rather than a requirement to exclude those of us who carry. That also gives us options as well. A lot of restaurants are not posted because the law is implicit that there is no concealed carry in an establishment which has a D license.
    "Never underestimate the power of stupid people in large groups"

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    Ex Member Array Deanimator's Avatar
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    Assuming that this passes, the next hurdle is to make sure that no cities or police departments start telling liquor serving restaurants that they HAVE to post. This has happened in the past.

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    Member Array BigRAM's Avatar
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    this is good but as other say we need to make sure that these restuants do not post a sign otherwise the law change would be a bit ponitless or maybe business might starting advertising CCW person welcome here :)

    i just think that all the sign posting stuff is ponitless becuase the bad guy is going to rob any place he feels is nessary and does not care if there is a sign or not so why not allow law abiding citzitens carry in most places.

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    Quote Originally Posted by SIGguy229 View Post
    So....how do they plan on implementing this part? Or is it assumed guns are allowed unless a sign is posted? Do signs have the weight of law??
    Yes and yes.
    It is surely true that you can lead a horse to water but you can't make them drink. Nor can you make them grateful for your efforts.

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    VIP Member Array Harryball's Avatar
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    I wonder what excuse Kroger (cinci division) will use now.
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    Most class D establishments ere use the sign that says "you may be committing a felony..." which in no way says that this establishent does not allow guns....if the bill gets passed into law.

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    Congrats to OH...a small step in the right direction.
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    Looks like the leaders and majority in the house refused to allow the amendment to even be made. That way they could not be held accountable for voting against it. While this is not yet fully defeated it looks like that may be where it is headed. Contact your Ohio rep to discuss his/her position on this and educate him/her as necessary.
    It's the Land of Opportunity, not the Land of Entitlements - Vote America!!!

    "When governments fear the people there is liberty. When the people fear the government there is tyranny." Thomas Jefferson

    You are only paranoid until you are right - then you are a visionary.

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    Ex Member Array Deanimator's Avatar
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    Quote Originally Posted by ksholder View Post
    Looks like the leaders and majority in the house refused to allow the amendment to even be made. That way they could not be held accountable for voting against it. While this is not yet fully defeated it looks like that may be where it is headed. Contact your Ohio rep to discuss his/her position on this and educate him/her as necessary.
    Contact Governor Strickland. He's been VERY pro-gun in his past term.

    He's up for reelection and needs the votes. Make him work for them.

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    Quote Originally Posted by Deanimator View Post
    Contact Governor Strickland. He's been VERY pro-gun in his past term.

    He's up for reelection and needs the votes. Make him work for them.
    Good point Deanimator. Contact info for Gov. Strickland is:

    Mail
    Governor's Office
    Riffe Center, 30th Floor
    77 South High Street
    Columbus, OH 43215-6108

    Phone/Fax
    General Info: (614) 466-3555
    Fax: (614) 466-9354

    e-mail form available at - Office of Governor | Contact the Governor

    I called and below is what I e-mailed. I encourage others to do likewise. We have seen the influence we can have with Kroger, let's see if we can convince Ohio's house to join the senate in modifying the CCW rules.

    Dear Gov. Strickland:

    Last week the Ohio Senate took up and passed SB239 which would allow properly permitted people to carry firearms in restaurants that serve alcohol - so long as the CCW permit holder is not imbibing. As I understand it, the leadership in the House has blocked the amendment from even being made in the House. Presumably, this is so they are not on record as opposing it.

    I appreciate your stance on the Second Amendment and would appreciate it if you could bring pressure to bear on your colleagues in the House to pass a house version of SB239 and forward it to you for your signature promptly.

    I appreciate your help in this matter.

    Sincerely,
    It's the Land of Opportunity, not the Land of Entitlements - Vote America!!!

    "When governments fear the people there is liberty. When the people fear the government there is tyranny." Thomas Jefferson

    You are only paranoid until you are right - then you are a visionary.

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