Sunday, May 15, 2011

Bill would allow concealed carry holders to have guns in businesses that serve liquor

Columbus -- Ohioans with conceal carry permits would be allowed to take their hidden firearms into bars and restaurants that sell alcohol, as long as they're not partaking of those beverages, under legislation approved by the Ohio House May 11.

House Bill 45 passed on a mostly party-line vote of 56-40 following more than two hours of debate and heads to the Ohio Senate for further consideration. Comparable legislation passed that chamber last month.

Existing law prohibits concealed carry licensees from taking firearms into rooms or open-air arenas covered by type D liquor permits, including retail stores, restaurants, nightclubs, hotels, river boats, and shopping malls, according to an analysis compiled by the state's legislative service commission.

Among other provisions, the legislation approved by the Ohio House May 11 would allow licensees to carry firearms into those establishments as long as they are not consuming or under the influence of drugs or alcohol. Businesses would still be allowed to post signs prohibiting firearms on their premises.

Republican backers of the bill said the change is necessary to allow law-abiding citizens to carry weapons into bars and restaurants.

Rep. Terry Johnson, a Republican from McDermott and a primary sponsor of the bill, said the issue had to do with self defense.

"Even a sheep will bite a man without a stick," he said. "Isn't that common sensical? As human beings, we have a need to defend ourselves. And if a man has to defend himself and needs an instrument to do so, how then must he protect his family?"

Proponents also said existing state law is confusing and could lead to concealed carry permit holders unknowingly breaking the law. And they said the proposed law change would not mix alcohol and guns, because those permitted to carry concealed firearms into bars or restaurants would not be drinking.

"Our bill says you cannot consume alcohol and exercise your rights as a conceal carry license holder, " Johnson said. "Alcohol and weapons do not mix."

The latter was the point of most opponents of the bill who spoke during May 11's floor debate, including Rep. Todd McKenney, a Republican from the Akron area who attempted to strip the bar-related language out of the bill. He was one of three Republicans who joined Democrats in opposing the legislation.

McKenney said he supports gun rights and is a member of the National Rifle Association. But he said he could not support legislation that would allow firearms to be carried into businesses that serve alcohol.

"Given the unquestioned conduct of criminal, unlawful, impaired, frankly at times stupid behavior that attends itself with alcohol, we must be very concerned about the mix of guns and alcohol," McKenney said.

He added, "We're not just talking about Applebee's and Olive Garden. We're talking about the Hidy Ho Bar. We're talking about the Bucket Shop in Akron ... I want you to consider the darkest, dankest, nastiest bar you know."

Democrats attempted a number of other amendments to exclude bars in urban areas from the bill or to require restaurants or bars to opt into the concealed carry provisions instead of opting out.

All of the amendments failed.

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