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Restaurant Carry

Discussion of Firearm Politics & Legislation. This forum is now strictly limited to discussions directly related to firearms.

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pleasantguywhopacks
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Re: Restaurant Carry

Post by pleasantguywhopacks »

evan price wrote:
jabeatty wrote:Would the hollow-points be filled with garlic?
Only at the better Italian restaurants. The really nice ones they are filled with a blend of garlic and parmesan cheese, sauteed onions, and a light marinara sauce. Served with a side of linguini.
Now I'm hungry. Thanks guys. :evil:
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kbrake
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Re: Restaurant Carry

Post by kbrake »

Is there any hope of this happening this year? Does anyone know of any plans for one of our elected officials to introduce such a bill?
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pleasantguywhopacks
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Re: Restaurant Carry

Post by pleasantguywhopacks »

Its on the OFCC wish list for 09.
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Re: Restaurant Carry

Post by sabalo »

OFCC has been in contact with several legislators and has already provided them with
information and examples of laws that would serve to eradicate the problem with "restaurant carry" in Ohio.

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Re: Restaurant Carry

Post by Beekeeper »

sabalo wrote:OFCC has been in contact with several legislators and has already provided them with
information and examples of laws that would serve to eradicate the problem with "restaurant carry" in Ohio.

We're on it !!!!!
Yeah! This is the part of Ohio's Concealed Carry law that bothers me the most right now. I'd love to see this, and the duty to inform disappear.
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Daniel
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Re: Restaurant Carry

Post by Daniel »

We've asked for that to go away.
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uncyherb
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Re: Restaurant Carry

Post by uncyherb »

Okay, I've been reading and searching through these forums for a couple hours now and still haven't found the answer I'm seeking.

Yes, 2923.121 says you can't carry where there's a D license then turns around in 2923.121(B)(1)(e) and says it does not apply to :
"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."

So, how do you read that? If they ONLY have a D-6 or D-8? If they have a D-6 .AND. D-8. Does it matter what other permits they have in addition to those two? For example, can you say, "They have a D-6, therefore it's legal.", ignoring they also have D2, D2X, D3, D3A etc. And if not, then what is the purpose of this exemption?

(Incidentally, all the classes are spelled out here.http://www.com.ohio.gov/liqr/PermitClasses.aspx)

P.S. To the Moderator: In view of all the discussion of this point scattered around the place, could there be some place set aside for this issue?
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dan dan the XD40 man
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Re: Restaurant Carry

Post by dan dan the XD40 man »

uncyherb wrote:Okay, I've been reading and searching through these forums for a couple hours now and still haven't found the answer I'm seeking.

Yes, 2923.121 says you can't carry where there's a D license then turns around in 2923.121(B)(1)(e) and says it does not apply to :
"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."

So, how do you read that? If they ONLY have a D-6 or D-8? If they have a D-6 .AND. D-8. Does it matter what other permits they have in addition to those two? For example, can you say, "They have a D-6, therefore it's legal.", ignoring they also have D2, D2X, D3, D3A etc. And if not, then what is the purpose of this exemption?

(Incidentally, all the classes are spelled out here.http://www.com.ohio.gov/liqr/PermitClasses.aspx)

P.S. To the Moderator: In view of all the discussion of this point scattered around the place, could there be some place set aside for this issue?
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cashman966
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Re: Restaurant Carry

Post by cashman966 »

uncyherb wrote:Okay, I've been reading and searching through these forums for a couple hours now and still haven't found the answer I'm seeking.

Yes, 2923.121 says you can't carry where there's a D license then turns around in 2923.121(B)(1)(e) and says it does not apply to :
"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."

So, how do you read that? If they ONLY have a D-6 or D-8? If they have a D-6 .AND. D-8. Does it matter what other permits they have in addition to those two? For example, can you say, "They have a D-6, therefore it's legal.", ignoring they also have D2, D2X, D3, D3A etc. And if not, then what is the purpose of this exemption?

(Incidentally, all the classes are spelled out here.http://www.com.ohio.gov/liqr/PermitClasses.aspx)

P.S. To the Moderator: In view of all the discussion of this point scattered around the place, could there be some place set aside for this issue?
The answer is that the exemption only applies to retail stores that have a D-8 or a D-8 in conjunction with a D-6.

Since a D-8 is always part of the equation you need to look at who can get a D-8, as it states below only C-1, C-2, C-2x permit holders can get a D-8, these are places that sell for off site consumption. Also while "retail store" is not specifically defined in the ORC, a D-8 permit is also only issued to retail stores, and they must meet the specifications listed under 4303.184.
A) Subject to division (B) of this section, a D-8 permit may be issued to the holder of a C-1, C-2, or C-2x permit issued to a retail store that has either of the following characteristics:

(1) The store has at least five thousand five hundred square feet of floor area, and it generates more than sixty per cent of its sales in general merchandise items and food for consumption off the premises where sold.

(2) Wine constitutes at least sixty per cent of the value of the store’s inventory.
Nice thought but D permit establishments that serve for on premise consumption are still off limits unless they are samples at a retail store.
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Daniel
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Re: Restaurant Carry

Post by Daniel »

Daniel White
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Northcoast Firearms Training

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
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