Does a passenger have a duty to inform?

[307SD]

I was following this thread last week when it first came up, found it to be interesting, and informative, considering that I have a high prospect of working in Ohio.

However this morning as I was doing some research on Ohio liquor license I ran across this;

"4301.637 Warning cards as to underage persons and person carrying firearms.
(A) Except as otherwise provided in section 4301.691 of the Revised Code, every place in this state where beer, intoxicating liquor, or any low-alcohol beverage is sold for beverage purposes shall display at all times, in a prominent place on the premises thereof, a printed card, which shall be furnished by the division of liquor control and which shall read substantially as follows:
"WARNING TO PERSONS UNDER AGE ……..……………….. (I took out the obvious age restrictions as the subject of discussion is handguns.)

(B) Every place in this state for which a D permit has been issued under Chapter 4303. of the Revised Code shall be issued a printed card by the division that shall read substantially 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." "

Which seems to contradict handgunlaws.us;

Sec. 2923.126. (B) … Prohibited Places.
From the Ohio Attorney General
The law sets forth several places where your license does not allow you to carry a handgun. Under the law, you may not carry a concealed handgun into the following places: ………………………….
Licensed Class D liquor permit premises if you are consuming beer or intoxicating liquor or are under the influence. If you are not consuming, you may carry unless there is a conspicuous sign prohibiting carry. Possession of a concealed firearm is allowed in a retail store with a D-6 or D-8 permit as long as the concealed carry license holder is not consuming liquor. Class D permits are generally issued to an establishment that sells alcohol for consumption on the premises. In any event, do not consume beer or intoxicating liquor before carrying a concealed handgun into a licensed premises.

So......... any legal minds care to express an opinion? Or am I misreading something there? It will be at least a week, maybe more before I travel to Ohio again, at which time I intend to get an opinion from a person I consider knowledgeable on the subject.

 

[TCLe]

I don't see any contradictions, afterall, it does say "may". Also, if the placard isn't displayed you're technically not prohibited from carrying. But since it's law that it has to be displayed, you can't carry.
At least that's my interpretation of it.

 

[Cameramonkey]

I don't see any contradictions, afterall, it does say "may". Also, if the placard isn't displayed you're technically not prohibited from carrying. But since it's law that it has to be displayed, you can't carry.
At least that's my interpretation of it.

The important takeaway: signs carry weight of law over there. If there is a sign, dont ignore it.

 

[307SD]

After doing more research, (reading more codes), I think I found the definitive under.

"2923.121 Possession of firearm in beer liquor permit premises - prohibition, exceptions.
(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: ......
(e) Any person who is carrying a valid concealed handgun license, as long as the person is not consuming beer or intoxicating liquor or under the influence of alcohol or a drug of abuse.

This code, 2923.121 addresses possession of a handgun specifically when in a class D establishment, whereas "4301.637 Warning cards as to underage persons and person carrying firearms." addresses the warning signage for such an establishment, thus the "may" be in violation.

Anyway maybe you can see my confusion when you first read the codes without doing the additional research.

I am still open to more ideas however.

 

[Timjoebillybob]

The important takeaway: signs carry weight of law over there. If there is a sign, dont ignore it.

After doing more research, (reading more codes), I think I found the definitive under.

"2923.121 Possession of firearm in beer liquor permit premises - prohibition, exceptions.
(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: ......
(e) Any person who is carrying a valid concealed handgun license, as long as the person is not consuming beer or intoxicating liquor or under the influence of alcohol or a drug of abuse.

This code, 2923.121 addresses possession of a handgun specifically when in a class D establishment, whereas "4301.637 Warning cards as to underage persons and person carrying firearms." addresses the warning signage for such an establishment, thus the "may" be in violation.

Anyway maybe you can see my confusion when you first read the codes without doing the additional research.

I am still open to more ideas however.

Also don't forget that OH is a unlicensed open carry state.