2923.1214 Authority of law enforcement officer of investigator to carry weapon in establishment serving the public.

(A) Subject to division (B) of this section, an establishment serving the public may not prohibit or restrict a law enforcement officer or investigator who is carrying validating identification from carrying a weapon on the premises that the officer or investigator is authorized to carry, regardless of whether the officer or investigator is acting within the scope of that officer's or investigator's duties while carrying the weapon.

(B) Division (A) of this section does not apply with respect to a law enforcement officer's or investigator's carrying of a weapon on the premises of an establishment serving the public if the officer or investigator is not acting within the scope of the officer's or investigator's duties, the weapon 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, and the agency or bureau has a restrictive firearms carrying policy.

(C)

(1) Subject to division (C)(2) of this section, the owner of an establishment serving the public, the operator of an establishment serving the public, and the employer of persons employed at an establishment serving the public shall be immune from liability in a civil action for injury, death, or loss to person or property that allegedly was caused by or related to a law enforcement officer or investigator bringing a weapon into the establishment or onto the premises of the establishment.

(2) The immunity provided in division (C)(1) of this section is not available to an owner, operator, or employer of an establishment serving the public with respect to injury, death, or loss to person or property of the type described in that division if the owner, operator, or employer engaged in an act or omission that contributed to the injury, death, or loss and the owner's, operator's, or employer's act or omission was with malicious purpose, in bad faith, or in a wanton or reckless manner.

(D) As used in this section:

(1) "Establishment serving the public" means a hotel, a restaurant or other place where food is regularly offered for sale, a retail business or other commercial establishment or office building that is open to the public, a sports venue, or any other place of public accommodation, amusement, or resort that is open to the public.

(2) "Hotel" has the same meaning as in section 3731.01 of the Revised Code.

(3) "Sports venue" means any arena, stadium, or other facility that is used primarily as a venue for sporting and athletic events for which admission is charged.

(4) "Investigator" has the same meaning as in section 109.541 of the Revised Code.

(5) "Restrictive firearm carrying policy" and "validating identification" have the same meanings as in section 2923.121 of the Revised Code.

(6) "Law enforcement officer" has the same meaning as in section 9.69 of the Revised Code.



Amended by 132nd General Assembly File No. TBD, HB 228, §1, eff. 3/28/2019.