Finally, Restaurant Carry! A Behind-the-Scenes Look at SB17

Published on Thursday, 30 June 2011 19:57

Written by Gary Witt

Note: This is a history of how restaurant carry came about in Ohio. It is not an explanation of the new law.

A bill introduced in the Ohio Legislature faces a long and winding course fraught with obstacles before it can become law. It must be heard by a committee a minimum of three times in the chamber where it was introduced before it can be voted on by the entire chamber. If it passes, it goes to the opposite chamber, where it again will be heard in committee a minimum of three times before being voted on by that chamber. If it passes both chambers, it proceeds to the Governor for signature.

If that sounds easy – it isn’t. Legislators can offer amendments which, if passed by one chamber, must be agreed to by the other chamber. Similar or even identical bills can be introduced in each chamber – but only one can survive. There are no less than six places along a bill’s path where it can be killed before it reaches the governor, who has the authority to veto the bill. The flowchart here illustrates the process and the traps.

This was the long and perilous path that a restaurant carry bill would need to follow to become law. But that didn’t stop Ohioans for Concealed Carry (OFCC). Restaurant carry has been a top priority for OFCC since the original concealed carry bill was passed in 2004. In late 2008, when the political climate seemed favorable, restaurant carry was made the top legislative goal of the organization.

Four bills and 31 months later, OFCC realized its goal when Governor John Kasich, on June 30. 2011 signed a restaurant carry bill into law, making Ohio the 44th state to allow concealed carry in establishments that serve alcohol. See the states that allow restaurant carry.

The Beginning

In the waning months of 2008, OFCC reached out to the statehouse and the NRA. When OFCC learned that Representative Shannon Jones was amenable to introducing restaurant carry legislation in early 2009, former OFCC Executive Director Daniel White began writing a draft in cooperation with Representatives Danny Bubp and Jarrod Martin. OFCC Coordinators also helped fine-tune the draft. This draft was given to Representative Jones in early March by OFCC Coordinator Mike Kinsey as part of their communications regarding restaurant carry. Representative Jones then requested the Legislative Services Commission (LSC) develop restaurant carry legislation, and, in early March, the bill that LSC crafted (with only a few minor changes from the OFCC draft) was returned to Representative Jones.

Restaurant Carry Bill is Introduced

OFCC obtained a copy of the proposed legislation and provided it to the state NRA representative before it was introduced as HB 203 (HB 203) on June 2, sponsored by Representatives Danny Bubp and Jarrod Martin. HB 203 was assigned to the House Public Safety and Homeland Security Committee with the first hearing, consisting of sponsor testimony, held on Nov. 5, 2009.

Compelling Testimony

At the bill’s second hearing on Jan. 19, 2010, OFCC presented Mrs. Nikki Goeser from Tennessee to testify in support of the bill. Mrs. Goeser held a license to carry a concealed firearm in Tennessee. She and her husband, Ben, operated a karaoke business. While setting up in an establishment that serves alcohol, a man who apparently had been stalking Mrs. Goeser, murdered her husband before her eyes.

Her testimony was powerful and moving. She described how her gun had been locked in her car due to Tennessee’s law against concealed carry where alcohol is served (That Tennessee law has since changed). Immediately following Mrs. Goeser’s testimony the Committee Chairwoman, Representative Linda Bolon, stated that her testimony was some of the most compelling she had ever heard. View Mrs. Goeser’s testimony and the Chairwoman’s comment here. Also giving testimony in support of the bill at that hearing were OFCC President Jeff Garvas, Vice President Bryan Torok, Executive Director Daniel White, and Legislative Coordinator Gary Witt.

HB 203 stalled in committee in early 2010 and, ultimately, went no further in the legislative process. But the concept of restaurant carry was far from dead.

Through the Legislative Labyrinth

Senate Bill 239 (SB 239), sponsored by Senators Jones and Schaffer, was introduced in March of 2010 and assigned to the Senate Judiciary – Criminal Justice committee. In addition to addressing restaurant carry, this bill greatly simplified the rules of concealed carry in motor vehicles. As the Senate faced spring break, OFCC encouraged is supporters to urge their Senators to support the bill.

In a rare move, before spring break, the Judiciary – Criminal Justice Committee allowed proponent testimony at the first hearing on Mar. 24. OFCC again presented Mrs. Goeser to testify in support of the new bill. Her compelling testimony and the powerful testimony of Dr. Susanna Hupp at a later hearing before the Senate committee can be viewed here. For those who may not be familiar with Dr. Hupp, her parents died during the Lube, Texas massacre in 1991.

The second hearing for SB 239 occurred on April 14, 2010. OFCC’s President Jeff Garvas testified in support of the bill pointing out to the committee how hypocritical the law enforcement position was in opposing the bill when they are allowed to carry concealed in establishments that serve alcohol WITH NO RESTRICTIONS ON CONSUMING ALCOHOL. OFCC brought Barbara Holt to Columbus to testify so the committee could hear first hand from an Ohio resident how the current legislation almost cost a life. Mrs. Holt testified that after leaving a pizza parlor that serves alcohol she approached her vehicle with her gun locked inside. She was attacked by a man with a knife who demanded she take him to an ATM for more cash than she had. Fortunately, she escaped her attacker. You can view her testimony here.

SB 239’s third hearing on May 26 saw the bill voted out of committee despite opposition from the Ohio Association of Chiefs of Police, the Fraternal Order of Police of Ohio, and the Buckeye State Sheriff’s Association. The bill was on its way to the floor of the Senate where, the next day, it passed the Senate by a vote of 23 to 10. The bill then went to the House of Representatives and was assigned to the Public Safety and Homeland Security committee.

Before the legislature adjourned for summer recess, Representative Danny Bubp attempted to add the language from SB 239 to another bill in the House of Representatives as an amendment, but House Speaker Armond Budish called a vote on the bill before the amendment could be offered, thereby denying our elected representatives the ability to vote on the issue. When the House adjourned for summer recess, action on SB 239 ground to a halt.

Early November saw OFCC requesting grassroots support from members. OFCC supporters were asked to contact the governor’s office and their legislators in order to get SB 239 moving. With no action on the bill by early December, a last ditch effort was made to see it put before the House for a vote and hopefully sent to outgoing Governor Strickland, who already had voiced his support for the legislation.

When a bill is ‘stuck’ in committee due to leadership prohibiting it from moving forward, members can “discharge” a bill and bring it to the floor for a vote. This rarely used procedure was followed by Representative Bubp with bipartisan support. He was successful in obtaining the required number of signatures on the discharge petition and they were certified by the House Clerk. On December 8 the House voted to discharge SB 239 which meant it could be voted on by the entire House of Representatives.

More Tricks from House Speaker Budish

Although the House was in session until December 31 for non-voting issues, the last voting day for the House was December 8^th. It was within House Speaker Budish’s power to schedule a vote on the bill but once again he chose not to allow elected legislators to vote on the issue. Ohio’s legislative session lasts two years, any legislation remaining at the end of the legislative session dies and the entire process must be repeated in the new legislative session. This was the fate of SB 239 on December 31, 2010.

Onward to Success

Never deterred, supporters of restaurant carry introduced two identical bills in early 2011, the beginning of the new two-year legislative session. House Bill 45 (HB 45) was introduced in the House on Jan. 26, sponsored by Representatives Danny Bubp and Terry Johnson. Senate Bill 17 (SB 17) was introduced in the Senate less than a week later, on Feb. 1, sponsored by Senator Tim Schaffer.

Both bills saw activity in committees hearing the bills. OFCC Counsel David Kessler and Legislative Coordinator Gary Witt gave testimony during the House committee’s second hearing on February 15 and it was here that David Kessler was questioned, sometimes “grilled” for over 30 minutes by the committee on many aspects of the bill. Mr. Kessler’s testimony and responses to the many questions can be viewed here.

On The House Side

Later in the House committee hearing process, six amendments were introduced in an effort to water down or make the bill ineffective. All amendments were defeated and the bill was voted out of committee on May 11. The bill went directly to the House floor where, during debate by that chamber, State Representatives who do not trust the citizens of Ohio attempted to insert the same poison pill amendments into the bill that were defeated in committee. Once again all amendments failed. You can view all of the amendments by going to the House of Representatives Journal here and scrolling through it until you find the amendments that were introduced. HB 45 was passed by the House on May 11, 2011 56 to 40 and moved to the Senate.

On The Senate Side

While HB 45 was working its way through its assigned committee, SB 17 was not idle. Introduced just six days after HB 45, SB 17 had its first hearing shortly after introduction. At the second hearing, OFCC legal counsel David Kessler provided proponent testimony with OFCC Legislative Coordinator Gary Witt and other OFCC members and supporters in attendance to support the bill. On April 13, by a vote of 25 to 7, SB 17 passed the Senate with an amendment that added beer to the “intoxicating liquors” that an armed person could not consume and more clearly defined establishments that serve beer and intoxicating liquors.

Never Seen Before

A never seen before scenario in the history of gun rights legislation in Ohio had unfolded that confused the future of restaurant carry legislation. The Senate sent the House a restaurant carry bill in April (SB 17) that was virtually identical to the bill the House passed and sent to the Senate in May (HB 45) save for one minor amendment.

In order for either of these bills to reach the Governor’s desk they would need to have a minimum of three committee hearings (or be pulled to the floor procedurally), the amendment to SB 17 needed to be dealt with by the House and they must get another floor vote. The legislative leadership needed to decide which bill would survive and which bill would die.

On May 11, with a substantial majority of the legislature having voted in favor of restaurant carry legislation, OFCC sent letters to the Senate President (see it here) and the Speaker of the House of Representatives (see it here) urging “fast track” and indicating SB 17 as the preferred bill. Fast track is a procedure that can be used to bypass committee hearings. On June 15 SB 17 was put before the floor of the house for debate and vote. Once again those who do not trust Ohio citizens attempted to amend the bill with poison pills and once again all of them were defeated. Those amendments can be viewed by scrolling down the House Journal here until they are located. Before the House adjourned on June 15, SB 17 was approved by a vote of 56 to 39. The President of the Senate and the Speaker of the House must sign legislation after passage before it goes to the Governor. This was accomplished and on June 22 Senate Bill 17, which was by then an Act, was sent to the Governor.

The Governor Signs

On June 30, in a signing ceremony at the Statehouse, Governor John Kasich signed what was by then the former Senate Bill 17 into law. OFCC was there, represented by President and Founder Jeff Garvas, Coordinator and Co-Counselor David Kessler, Legislative Coordinator Gary Witt and Coordinator Mike Kinsey, to witness the achievement of a goal that was established seven years earlier.

Know The New Law

The new law, WHICH IS NOT EFFECTIVE NOW, does not go into effect until ninety days after it is filed with the Secretary of State. The effective date of the new law will be published on the OFCC website once it is known. There are parts of the new law that do not involve restaurant carry. The entire Act that was signed by Governor Kasich can be found here.

A Personal Note

Many times over the past several years I’ve seen the hearing rooms packed with members and supporters from around the state for the various restaurant carry bills that were working their way through the legislative process. You responded to web articles and alerts. You wrote your legislators. You met with your legislators. You made phone calls. You wrote the media. You did more. You did everything you could to realize the goal we have achieved. Thank you, each and every one of you.

-- Gary Witt / OFCC Legislative Coordinator

Restaurant Carry Major Events

Nov. 08 – OCC makes restaurant carry its top legislative goal

Feb. 09 – Draft legislation to Representative Shannon Jones

Feb-Mar 09 – Representative Jones requested restaurant carry legislation from the Legislative Services Commission (LSC)

3/10/09 - Proposed legislation from LSC based on OFCC draft with minor revisions received

03/11/09 – Proposed restaurant carry legislation presented to NRA rep.

06/02/09 – House Bill 203 introduced

11/05/09 – First hearing on HB 203

01/19/10 – Second hearing on HB 203. OFCC brings Nikki Goeser to Columbus to testify in support of the bill.

03/16/10 – Senate Bill 239 introduced

03/24/10 – First hearing SB 239, OFCC brings Nikki Goeser to Columbus to testify in support of the bill.

04/14/09 – SB 239 2^nd hearing.

05/26/10 – SB 239 3^rd hearing, passed out of committee

05/27/10 – Senate Bill 239 passes Senate 23 to 10

Dec. 2010- Discharge Petition initiated to force vote on SB 239

12/31/10 – Senate Bill 239 dies at the end of the legislative session

01/26/11 – House Bill 45 introduced

Jan-Mar 11-Six hearings held on House Bill 45

02/01/11 – Senate Bill 17 introduced

Feb-Mar 11-Three hearings held on Senate Bill 17

04/13/11 – Senate Bill 17 with amendment passed Senate 25 to 7, sent to House

05/11/11 – House Bill 45 passed House 56 to 40, sent to Senate

05/11/11 – OFCC letters to Senate and House requesting “fast track”

06/15/11 – Senate Bill 17 with amendment passed House 56 to 39

06/22/11 – Senate Bill 17 with amendment, now an Act, sent to Governor Kasich

06/30/11 – Governor Kasich signs former SB 17 into law

90 days after filing with Secretary of State – Restaurant carry becomes effective

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