New: Site Supporter & Patron Icons automated. Please make sure your profile is up to date. Read This Post

[sigger]

I was threatened with an F5 so I am not giving the details right now. I don't want to return to the store today unless I have to. So, PLEASE, if anyone is in the Finnytown area and would go by the Kroger on Winton, just north of Galbraith and get pictures of the front doors ASAP I would REALLY appreciate it.

I was threatened with being charged for carrying in store that is posted and carrying in a liquor establishment. I was shown a paper that I was told showed the store's liquor licenses (C1 C2 D6 D8). The officers said that they would be contacting the prosecutor's office and would let me know if charges are going to be filed.

[rDigital]

That's rough. Best of luck to you. Go take those pics!

[Chuck]

Go take your pictures.

Ohio Revised Code 2823.121 (B)(1) "This section does not apply to any of the following:"

(e) Any person who is carrying a valid license or temporary emergency license to carry a concealed handgun issued to the person under section 2923.125 or 2923.1213 of the Revised Code or a license to carry a concealed handgun that was issued to the person by another state with which the attorney general has entered into a reciprocity agreement under section 109.69 of the Revised Code and who possesses the firearm in a retail store with D-6 and D-8 permits issued for that store under sections 4303.182 and 4303.184 of the Revised Code or a D-8 permit issued for that store under section 4303.184 of the Revised Code, as long as the person is not consuming liquor or under the influence of alcohol or a drug of abuse.

Just make sure there wasn't a gun buster sign out front.

[AlanM]

There are no Kroger locations in Hamilton Co. that have anything but C1, C2, D6, & D8 liquor permits. Unless there was a gun buster sign posted AND YOU WERE AWARE OF IT you have nothing to fear.

EDIT: The Kroger on Winton has C1, C2, D6, & D8 liquor permits for sure. I just verified this.

[FormerNavy]

Don't forget also that the statute requires that there be consumption ongoing in the room. I just called that Kroger and asked if they had any wine tastings today and was told no. I asked if they had an earlier today, and was told know. Here's the Kroger I called, which I believe is the correct one:

KROGER
8421 Winton Rd
Cincinnati OH 45231
Store Phone: (513) 728-xxxx (couldn't remember if listing phone #'s was a TOS violation)

Sounds to me like an officer who thinks he might have a violation but isn't sure. I can't believe they would have released you on a felony charge.

[charben]

Don't forget also that the statute requires that there be consumption ongoing in the room. I just called that Kroger and asked if they had any wine tastings today and was told no. I asked if they had an earlier today, and was told know. Here's the Kroger I called, which I believe is the correct one:

KROGER
8421 Winton Rd
Cincinnati OH 45231
Store Phone: (513) 728-xxxx (couldn't remember if listing phone #'s was a TOS violation)

Sounds to me like an officer who thinks he might have a violation but isn't sure. I can't believe they would have released you on a felony charge.

Whether there is a wine tasting going on is irrelevant.

(e) Any person who is carrying a valid license or temporary emergency license to carry a concealed handgun issued to the person under section 2923.125 or 2923.1213 of the Revised Code or a license to carry a concealed handgun that was issued to the person by another state with which the attorney general has entered into a reciprocity agreement under section 109.69 of the Revised Code and who possesses the firearm in a retail store with D-6 and D-8 permits issued for that store under sections 4303.182 and 4303.184 of the Revised Code or a D-8 permit issued for that store under section 4303.184 of the Revised Code, as long as the person is not consuming liquor or under the influence of alcohol or a drug of abuse.

[AlanM]

Well, there's one or two or more LEOs that need some remedial instruction, I suspect.

If they weren't doing a wine tasting it would be legal to OC there without a CHL.

[FormerNavy]

Don't forget also that the statute requires that there be consumption ongoing in the room. I just called that Kroger and asked if they had any wine tastings today and was told no. I asked if they had an earlier today, and was told know. Here's the Kroger I called, which I believe is the correct one:

KROGER
8421 Winton Rd
Cincinnati OH 45231
Store Phone: (513) 728-xxxx (couldn't remember if listing phone #'s was a TOS violation)

Sounds to me like an officer who thinks he might have a violation but isn't sure. I can't believe they would have released you on a felony charge.

Whether there is a wine tasting going on is irrelevant.

(e) Any person who is carrying a valid license or temporary emergency license to carry a concealed handgun issued to the person under section 2923.125 or 2923.1213 of the Revised Code or a license to carry a concealed handgun that was issued to the person by another state with which the attorney general has entered into a reciprocity agreement under section 109.69 of the Revised Code and who possesses the firearm in a retail store with D-6 and D-8 permits issued for that store under sections 4303.182 and 4303.184 of the Revised Code or a D-8 permit issued for that store under section 4303.184 of the Revised Code, as long as the person is not consuming liquor or under the influence of alcohol or a drug of abuse.

I understand that. My point was that there was not even wine tasting going on, so there's really no excuse for the police officer involved. In other words, this officer apparently believes that any liquor permit prohibits carrying, regardless of whether or not there is consumption in the room and regardless of the wine tasting exemption. The statute requires there to be consumption on going in the room. Theoretically, I could walk into Outback, Applebee's, or even a bar and as long as it wasn't posted and nobody was drinking, I would be legal. Now I wouldn't recommend that to anyone, but under the law that is the way it is.

On a side note, felonies go to Joe Deters so I think you should be ok. But that doesn't mean they won't try to charge you with the misdemeanor of carrying in a posted store.

[AlanM]

What police department?
Let's nip this in the bud. RIGHT NOW!!!!

[dademoss]

Below are photos taken of the north and south entrances of the Finneytown Kroger, located in the Brentwood Plaza shopping center, . These photos were taken between about 4:45-5:00 pm today, Saturday July 17th, 2010.

[deanimator]

On a side note, felonies go to Joe Deters so I think you should be ok. But that doesn't mean they won't try to charge you with the misdemeanor of carrying in a posted store.

Based on the posted pictures, that ship's sailed, hit an iceberg and sunk.

[sigger]

Thanks for all the support. I did go back and get my own photos which show the same as the ones that were posted - no GB signs. I'm not worried much about being found guilty if charged, I am concerned about paying for my defense though. At this point, all I can do is wait for them to call and let me know if I'm being charged. JIC however, I haven't had much luck finding a pro 2A lawyer in the Cincinnati area so I'm open to suggestions.

Alan - what do mean by nipping this in the bud?

[deanimator]

Thanks for all the support. I did go back and get my own photos which show the same as the ones that were posted - no GB signs. I'm not worried much about being found guilty if charged, I am concerned about paying for my defense though. At this point, all I can do is wait for them to call and let me know if I'm being charged. JIC however, I haven't had much luck finding a pro 2A lawyer in the Cincinnati area so I'm open to suggestions.

Alan - what do mean by nipping this in the bud?

Be prepared to go on the attack, with at the least official complaints against the officers involved.

[charben]

Be prepared to go on the attack, with at the least official complaints against the officers involved.

Being proactive about this probably isn't a bad idea...

[sigger]

Be prepared to go on the attack, with at the least official complaints against the officers involved.

Being proactive about this probably isn't a bad idea...

Please be specific, by PM if necessary.