OFCC obtains Div. of Liquor Control letter to Ohio Class D licensees

Ohioans For Concealed Carry & the OFCC PAC have confirmed our suspicions that a large number of the retailers currently listed on the "Do Not Patronize While Armed list" are likely operating under the misunderstanding that they are required to post signs barring CHL-holders from their stores.

The following Ohio Division of Liquor Control letter has been sent to all Class D liquor permit-holders in advance of the implementation of Ohio's new concealed carry law. When inquiring with grocery and carryout store managers, many customers are being told that they are required by law to ban CHL-holders, citing this ODLC letter as proof.

But the ODLC letter says no such thing.

Click on the "Read More..." link below for more.

Ohio Department of Commerce
Division of Liquor Control
6606 Tussing Rd. P.O. Box 4005
Reynoldsburg, OH 43068-9005
http://www.com.state.oh.us

April 5, 2004

RE: Amended Substitute House Bill 12 "Concealed Carry Bill"

Dear Liquor Agent:

As you may be aware, the Concealed Carry Bill becomes effective April 8, 2004. Recently, the Division's Agency Operations section has been contacted by several spiritous liquor agency stores seeking guidance regarding whether to allow customers who are licensed to carry concealed weapons to enter their spiritous liquor agency stores with those weapons.

The Concealed Carry Bill does not specifically address the issue of carrying concealed weapons into spiritous liquor agency stores. However, this new law allowed private property owners the right to post a sign on their property stating that no person can carry a concealed weapon onto that person's private property. Since agency stores are private businesses, the issue is within the sole discretion and business judgement of each spiritous liquor agency store, and each agency store that wishes to address this issue will have to adopt a policy regarding the presence of firearms on its premisis. If a spiritous liquor agency store chooses to adopt a policy banning customers carrying concealed weapons from its premisis, the Division suggests that it post a sign to that effect. As private employers, spiritous liquor agency stores are governed by R.C. Section 2923.126(C)(1) (copy attached). [emphasis added]

Be aware, however, that this bill does not change the signage requirement regarding the Firearms Warning for holders of a Class D liquor permit. If your agency store also holds a Class D liquor permit, R.C. Section 4301.637(B) (copy attached) requires that you post this sign, which states that it is a felony to possess a firearm in a premisis which holds a Class D liquor permit. In addition, no policy can authorize the carrying of a concealed weapon in any room or open area arena where a Class D liquor permit is in force. Again, please see R.C. Section 2923.126(B)(4). [emphasis added]

I hope this answers any questions you have regarding this bill.

Sincerely,

Rae Ann Estep, Superintendent

It is the italicized portion of paragraph three which we believe is being misunderstood by store managers to enforce a ban on concealed handgun license-holders in their stores.

If these managers had bothered to read the attached copy of Ohio Revised Code Section 4301.637(B), they would see that the language on the sign is to be as follows:

"WARNING

If you are carrying a firearm

Under the statutes of Ohio, if you 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, you may be guilty of a felony and are subject to a term of actual incarceration of one or two years."

It is the italicized portion of this sign language which these grocery and carryout store managers need to keep in mind. Any merchant that sells sealed liquor on a Sunday also has a Class D permit for Sunday Sales. It is very important to realize that the concealed carry restrictions prohibit a licensee from being in a Class D establishment that serves alcohol.

While we do not offer legal advice a common sense approach to the language comes to this conclusion: A grocery or convenience store does not serve alcohol and has a D6 permit solely for the purpose of Sunday sales. Based on our interpretation of the law it is not illegal to carry concealed in a grocery or convenience store with a D6 permit unless the grocery or convenience store also dispenses or serves alcohol.

We hope this information is helpful to those who are attempting to inform their neighborhood markets as to the requirements (or lack thereof) for signs in their establishments. Those who are posting signs due to a misinterpretation of the law are removing them. Those who refuse are obviously communicating that they do not want your business.

For a look at the many stores which may be misinterpreting the law, read our Do Not Patronize While Armed database.