Ohio Rev. Code » Chapter 2923
Ohio Revised Code

Ohio Rev. Code § 2923.121 (2026)

Possession of firearm in beer liquor permit premises - prohibition, exceptions

✓ current as of May 2026
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Effective:
June 13, 2022
Latest Legislation:
Senate Bill 215 - 134th General Assembly
PDF:
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(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.

Last updated March 16, 2022 at 3:54 PM

Notes of Decisions
Cited in 37 cases (16 in the last 5 years), 1989–2026 · leading case: State v. Striblin, 2024 Ohio 2142 (Ohio Ct. App. 2024).
Sort: Relevance Newest Treatment
State v. Striblin, 2024 Ohio 2142 (Ohio Ct. App. 2024). · cites it 10× “R.C. 2923.121 ILLEGAL POSSESSION OF A FIREARM IN LIQUOR PERMIT PREMISES, R.”
State v. Sabatine, 582 N.E.2d 34 (Ohio Ct. App. 1989). · cites it 12× “12; and (3) illegal possession of a firearm in a liquor permit premises, in violation of R.C. 2923.121. At the close of the state’s case in chief, and at the close of all the evidence, defendant made Crim.”
Ohioans for Concealed Carry, Inc. v. City of Clyde, 896 N.E.2d 967 (Ohio 2008). · cites it 2× “of the Revised Code, in violation of section 2923.121 of the Revised Code; {¶ 10} “(5) Any premises owned or leased by any public or private college, university, or other institution of higher education, unless the handgun is in a locked motor vehicle or the licensee is in the…”
Gabbard v. Madison Local Sch. Dist. Bd. of Edn. (Slip Opinion), 2021 Ohio 2067 (Ohio 2021). “125(B)(3)(c) permits an applicant for a concealed-handgun license to show that he or she “has satisfactorily completed and been issued a certificate of completion of a basic firearms training program, a firearms requalification training program, or another basic training program…”
State v. Welninski, 2018 Ohio 778 (Ohio Ct. App. 2018). “12(A)(2) and (F)(1), a felony of the fourth degree; illegal possession of a firearm in a liquor permit establishment, in violation of R.C. 2923.121(A) and (E), a felony of the third degree; felonious assault, in violation of R.”
State v. Jackson, 2010 Ohio 621 (Ohio 2010). · cites it 2× “The grand jury returned an indictment against Jackson for possession of a firearm in a D-permit liquor establishment in violation of R.C. 2923.121(A). {¶ 8} It is not clear from the record whether the indicting prosecutor had obtained a copy of Jackson’s Garrity statement before…”
State v. Gray, 2022 Ohio 2940 (Ohio Ct. App. 2022). · cites it 2× “16 [improperly handling a firearm in a motor vehicle], or section 2923.121 of the Revised Code [possessing a firearm in a liquor permit premises].”
State v. Bray, 2011 Ohio 4660 (Ohio Ct. App. 2011). “13(A)(3), a felony of the third degree; one count of illegal possession of a firearm in a liquor permit premises, in violation of R.C. 2923.121, a felony of the third degree; carrying a concealed 2 weapon, in violation of R.”
State v. Peters, 2023 Ohio 4362 (Ohio Ct. App. 2023). “16], illegal possession of firearm in a liquor permit premises [R.C. 2923.121]—are not enhanceable.” State v.”
State v. Williams, 2013 Ohio 2040 (Ohio Ct. App. 2013). “{¶2} On January 17, 2012, appellant was indicted on five charges: illegal possession of firearm in liquor permit premises, a fourth-degree felony in violation of R.C. 2923.121, with a forfeiture specification (Count One); carrying concealed weapons, a fourth-degree felony in…”
State v. Stallworth, 2014 Ohio 4297 (Ohio Ct. App. 2014). “Stallworth: Count 1, illegal possession of a firearm in liquor permit premises, a fifth degree felony in violation of R.C. 2923.121; Count 2, having weapons while under disability, a third degree felony in violation of R.”
State v. Pawelski, 898 N.E.2d 85 (Ohio Ct. App. 2008). “10(C), however, states: {¶ 24} “Nothing in this section prohibits a private investigator or a security guard provider from carrying a concealed handgun if the private investigator or security guard provider complies with sections 2923.121 to 2923.1213 of the Revised Code.”
Show all 37 citing cases →
— Ohio Rev. Code § 2923.121(A) — 19 cases
State v. Welninski, 2018 Ohio 778 (Ohio Ct. App. 2018). “12(A)(2) and (F)(1), a felony of the fourth degree; illegal possession of a firearm in a liquor permit establishment, in violation of R.C. 2923.121(A) and (E), a felony of the third degree; felonious assault, in violation of R.”
State v. Striblin, 2024 Ohio 2142 (Ohio Ct. App. 2024). “R.C. 2923.121 ILLEGAL POSSESSION OF A FIREARM IN LIQUOR PERMIT PREMISES, R.”
State v. Jackson, 2010 Ohio 621 (Ohio 2010). “The grand jury returned an indictment against Jackson for possession of a firearm in a D-permit liquor establishment in violation of R.C. 2923.121(A). {¶ 8} It is not clear from the record whether the indicting prosecutor had obtained a copy of Jackson’s Garrity statement before…”
State v. Daniels, 2021 Ohio 790 (Ohio Ct. App. 2021).
State v. Dickinson, 2024 Ohio 1487 (Ohio Ct. App. 2024).
— Ohio Rev. Code § 2923.121(B) — 1 case
State v. Alejo, 2026 Ohio 2250 (Ohio Ct. App. 2026).
— Ohio Rev. Code § 2923.121(B)(1) — 1 case
State v. Striblin, 2024 Ohio 2142 (Ohio Ct. App. 2024). “R.C. 2923.121 ILLEGAL POSSESSION OF A FIREARM IN LIQUOR PERMIT PREMISES, R.”
— Ohio Rev. Code § 2923.121(E) — 1 case
State v. Striblin, 2024 Ohio 2142 (Ohio Ct. App. 2024). “R.C. 2923.121 ILLEGAL POSSESSION OF A FIREARM IN LIQUOR PERMIT PREMISES, R.”
— Ohio Rev. Code § 2923.121(F)(2) — 1 case
Gabbard v. Madison Local Sch. Dist. Bd. of Edn. (Slip Opinion), 2021 Ohio 2067 (Ohio 2021). “125(B)(3)(c) permits an applicant for a concealed-handgun license to show that he or she “has satisfactorily completed and been issued a certificate of completion of a basic firearms training program, a firearms requalification training program, or another basic training program…”
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