Class D serve by the glass establishments

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Willy P
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Class D serve by the glass establishments

Post by Willy P »

I know on the mailing list we hashed out a lot of the class D questions but I have one that has me really thinking and not knowing for sure where to get a 100% answer. What about the eatery that has a Class D and it only covers certain hours but they serve food hours besides those included in the Class D permit. My brain says if the hours are not covered under the permit I can go in and eat while armed. Anyone truely know the answer on this one?
collin
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Post by collin »

In my opinion, and I may be wrong, if the establishment is NOT serving then liquor is not being dispensed, and you are safe. I wouldn't rely on my thoughts, though. Check it out for yourself. Perhaps an email to the AG is in order?
the right wing zealot
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Post by the right wing zealot »

With all due respect to your opinions, I would say you are not legal. It is similar to the grocery store scenario. If you got nabbed, you'd be guilty until you proved you were innocent, but IANAL... :P ! The grocery store serving samples analogy is that, I think if you were "found out" you would get slapped with a should have known from a prosecuter. It is like a State liquor store within a grocery store. There are two in my area, one posted with the "If carrying a firearm..." sign, the other, no such sign; BOTH in unposted stores.

I think that the law needs to be amended to explain this or there needs to be a precedent case. Neither of these would necessarily fix the situation or clear it up, but it may help to define the issue.

I personally read much of this discussion, as well as the "drinking and packing" threads. I must admit, I am extremely opposed to carrying and drinking. That is coming from a guy who likes to have a drink, not a non-drinker. I just feel that we should act 'responsibly' in that arena to have a chance to get the opportunity to be able to carry in a "drinking" establishment. Then, as with driving, individuals will define their own conduct and hopefully will do the right thing.

Just my thoughts.
'Gun control' is being able to put two bullets through the same hole.
Ring
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Post by Ring »

grocery store scenario
if they dont serve by the glass, you CAN carry.. same go's for a liquor store.. u can carry there as well, as long as it is NOT owned by the state, that would make it a state building and you would be banned from that.
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Daniel
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Post by Daniel »

The "You may be committing a felony" sign refers to this portion of the law:

[§ 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.


So, the "may" portion of the sign refers to whether or not liquor is being dispense in that room.
Daniel White
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We must carry arms because we value our lives and those of our loved ones, because we will not be dealt with by force or threat of force, and do not live at the pleasure and discretion of the lawless. - Jeff Snyder
Willy P
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Post by Willy P »

I emailed the AG a couple weeks ago and am yet to get any answer at all. IF I ever get one I will post it here as soon as I am able.
Pat C.
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AG answer

Post by Cruiser »

I also sent the AG office an email months ago, no reply. As I was once told he does not reply to non-lawyers on questions of law!
Someone please correct me if I am wrong.
As to people expecting clear answers to questions asked of the AG at the "Party in the Park", Good Luck.
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