Sunday, October 2, 2011

THE LIQUOR FACILITY EXCEPTION


From: Ken Hanson book "The Ohio Guide to Firearm Laws (Oct. 2011)


THE LIQUOR FACILITY EXCEPTION granted to someone with a CHL goes into effect on September 30, 2011. This exception provides that the liquor facility statute, R.C. 2921.121, does not apply to a licensee so long as the licensee does not consume any alcohol (not even a sip) while in the facility, and is not already under the influence of drugs or alcohol when entering the facility. Please note that this is an exception, not a grant of a right. The exception sim¬ply says R.C. 2921.121 d6es not apply in that instance. The private property owner can still post a no-guns sign and trigger a criminal trespass violation under R.C. 2911.21. 


Please note that the signs that are posted that begin with "Warning, if you are carrying a fire¬arm...." (usually printed on white cardboard stock, black lettering) are not "no-gun" signs but are statutory warning signs required by R.C. 4301.637. It would be a legal absurdity to say that these signs trigger a trespass violation, because such an interpretation would require a court to find that the exception passed by the General As¬sembly cannot ever apply.


Liquor licensees (i.e the people that own the restaurant) who have a CHL may have a handgun at their own licensed premises for defen¬sive purposes. Liquor licensees also have the ability to hire armed security as needed. As with any other private property owner, a liquor licensee may post a no-gun sign to keep the public disarmed, but then authorize individuals to carry a handgun despite the no-gun sign.

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