(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 or to a corrections officer who has successfully completed a basic firearms training program approved by the Ohio Peace Officer Training Commission and who is authorized to carry a firearm, unless the officer, agent, employee, law enforcement officer, or corrections officer is in violation of Section 2923.15 of the Revised Code.
(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 soldier’s 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.
(5) This Section does not apply to the holder of the D permit issued under Chapter 4303 of the Revised Code if the holder is carrying a valid license to carry a concealed handgun issued to the holder under Section 2923.125 of the Revised Code. This Section also does not apply to an employee of the holder of the D permit who is authorized by the holder of the D permit to carry a handgun in the room or open air arena in which liquor is being dispensed and who is carrying a valid license to carry a concealed handgun issued to the employee under Section 2923.125 of the Revised Code.
(c) It is an affirmative defense to a charge under this Section of illegal possession of a firearm in liquor permit premises, that the actor was not otherwise prohibited by law from having the firearm, and that any of the following:
(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 has 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) (1) The fact that a person who is prosecuted for a violation of this Section is found to have possessed a firearm under an affirmative defense authorized in division (c)(1), (2), or (3) of this Section shall not be used in a subsequent prosecution of the person for a violation of this Section or Section 1547.69, 2923.12, 2923.122, 2923.123, or 2923.16 of the Revised Code.
(2) 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 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.
Statutory Reference: O.R.C. §2923.121
(Ord. 04-134. Passed 7-26-04.)