Ohio § 2923.121

§ 2923.121.

(A) No person shall possess a firearm in any room in which any person is consuming beer

or intoxicating liquor in a 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 any of the following: (a) An officer, agent, or employee of this or any other state or the United States, or

a law enforcement officer, who is authorized to carry firearms and is acting within

the scope of the officer's, agent's, or employee's duties; (b) A law enforcement officer or investigator who is authorized to carry firearms but

is not acting within the scope of the officer's or investigator's duties, as long

as all of the following apply: (i) The officer or investigator is carrying validating identification. (ii) If the firearm the officer or investigator possesses is a firearm issued or approved

by the law enforcement agency served by the officer or by the bureau of criminal identification

and investigation with respect to an investigator, the agency or bureau does not have

a restrictive firearms carrying policy. (iii) The officer or investigator is not consuming beer or intoxicating liquor and is not

under the influence of alcohol or a drug of abuse. (c) Any room used for the accommodation of guests of a hotel, as defined in section 4301.01 of the Revised Code ; (d) The principal holder of a D permit issued for a premises or an open air arena under

Chapter 4303. of the Revised Code while in the premises or open air arena for which

the permit was issued if the principal holder of the D permit also has been issued

a concealed handgun license that is valid at the time in question and as long as the

principal holder is not consuming beer or intoxicating liquor or under the influence

of alcohol or a drug of abuse, or any agent or employee of that holder who also is

a peace officer, as defined in section 2151.3515 of the Revised Code , who is off duty, and who otherwise is authorized to carry firearms while in the

course of the officer's official duties and while in the premises or open air arena

for which the permit was issued and as long as the agent or employee of that holder

is not consuming beer or intoxicating liquor or under the influence of alcohol or

a drug of abuse. (e) Any person who has been issued a concealed handgun license that is valid at the time

in question or any person who is an active duty member of the armed forces of the

United States and is carrying a valid military identification card and documentation

of successful completion of firearms training that meets or exceeds the training requirements

described in division (G)(1) of section 2923.125 of the Revised Code , as long as the person is not consuming beer or intoxicating liquor or under the

influence of alcohol or a drug of abuse. (2) 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. (3) 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 soldiers' 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. (C) It is an affirmative defense to a charge under this section of illegal possession

of a firearm in a liquor permit premises that involves the possession of a firearm

other than a handgun, that the actor was not otherwise prohibited by law from having

the firearm, and that any of the following apply: (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 had 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) No person who is charged with a violation of this section shall be required to obtain

a concealed handgun license as a condition for the dismissal of the charge. (E) Whoever violates this section is guilty of illegal possession of a firearm in a liquor

permit premises.  Except as otherwise provided in this division, illegal possession of a firearm in

a liquor permit premises is a felony of the fifth degree.  If the offender commits the violation of this section by knowingly carrying or having

the firearm concealed on the offender's person or concealed ready at hand, illegal

possession of a firearm in a liquor permit premises is a felony of the third degree. (F) As used in this section: (1) “Beer” and “intoxicating liquor” have the same meanings as in section 4301.01 of the Revised Code . (2) “Investigator” has the same meaning as in section 109.541 of the Revised Code . (3) “ Restrictive firearms carrying policy ” means a specific policy of a law enforcement agency or the bureau of criminal identification

and investigation that prohibits all officers of the agency or all investigators of

the bureau, while not acting within the scope of the officer's or investigator's duties,

from doing either of the following: (a) Carrying a firearm issued or approved by the agency or bureau in any room, premises,

or arena described in division (A) of this section; (b) Carrying a firearm issued or approved by the agency or bureau in premises described

in division (A) of section 2923.1214 of the Revised Code . (4) “Law enforcement officer” has the same meaning as in section 9.69 of the Revised Code . (5) “ Validating identification ” means one of the following: (a) Photographic identification issued by the law enforcement agency for which an individual

serves as a law enforcement officer that identifies the individual as a law enforcement

officer of the agency; (b) Photographic identification issued by the bureau of criminal identification and investigation

that identifies an individual as an investigator of the bureau.