2006 Ohio Revised Code - [2923.12.1] 2923.121.Illegal possession of firearm in liquor permit premises.

[§ 2923.12.1] § 2923.121. Illegal possession of firearm in liquor permit premises.
 

(A)  No person shall possess a firearm in any room in which liquor is being dispensed 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 officers, agents, or employees of this or any other state or the United States, or to law enforcement officers, authorized to carry firearms, and acting within the scope of their duties. 

(2) This section does not apply to any room used for the accommodation of guests of a hotel, as defined in section 4301.01 of the Revised Code. 

(3) 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. 

(4) 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 to carry a concealed handgun under section 2923.125 [2923.12.5] 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, a felony of the fifth degree. 
 

HISTORY: 141 v H 51 (Eff 7-30-86); 141 v H 39 (Eff 2-21-87); 146 v S 2. Eff 7-1-96; 150 v H 12, § 1, eff. 4-8-04.
 

See the provisions of §§ 6, 7, 9, and 10 of H.B. 12 (150 v  - ) following RC § 2923.12. 

The effective date is set by section 6 of SB 2. 

 

Effect of Amendments

H.B. 12, Acts 2004, effective April 8, 2004, added "or in an open air arena for which a permit of that nature has been issued" to the end of (A); inserted "that involves the possession of a firearm other than a handgun" in the introductory language of (C); and inserted (D) and redesignated former (D) as (E).