speedytriple Posted August 14, 2014 Report Share Posted August 14, 2014 So a co-worker of mine justvgot pulled over and was over the limit. Problem is he had a loaded ccw on him. I know stupid, i warned him about this many times. My question is what kind of charges is he looking to face? He is out on bail right now, but is bound to be screwed i'm sure. Quote Link to comment Share on other sites More sharing options...
Tpoppa Posted August 14, 2014 Report Share Posted August 14, 2014 First off, I think his CCW will get revoked. I would imagine there will be a weapons charge, not sure what degree. I don't believe he'll be serving any time if he didn't pull it out, or fire. Quote Link to comment Share on other sites More sharing options...
smccrory Posted August 14, 2014 Report Share Posted August 14, 2014 So a co-worker of mine justvgot pulled over and was over the limit. Problem is he had a loaded ccw on him. I know stupid, i warned him about this many times. My question is what kind of charges is he looking to face? He is out on bail right now, but is bound to be screwed i'm sure. Do you mean he had a loaded firearm WITHOUT a valid, current Concealed Handgun License, or that he had a loaded firearm WITH a valid, current CHL? CCW is a charge, so was he charged with Carrying a Concealed Weapon? Quote Link to comment Share on other sites More sharing options...
2talltim Posted August 14, 2014 Report Share Posted August 14, 2014 (edited) the way i understand it if you're caught in violation of your license to carry, It's like you don't have it. If you break the rules of the petmit it is invalid. So my opinion he would be in possession of a loaded weapon without a license. Edited August 14, 2014 by 2talltim Quote Link to comment Share on other sites More sharing options...
Tpoppa Posted August 14, 2014 Report Share Posted August 14, 2014 If he has a valid CCW permit, then at least he doesn't have any significant criminal history to worry about. Quote Link to comment Share on other sites More sharing options...
redkow97 Posted August 14, 2014 Report Share Posted August 14, 2014 To give a proper answer on this, we would need this person's full criminal history, as well as all the facts. Quote Link to comment Share on other sites More sharing options...
speedytriple Posted August 14, 2014 Author Report Share Posted August 14, 2014 No priors, had a valid chl, first dui. Not sure yet if he got a dui or dwi? He is out on bond but i have yet to talk to him in detail. Quote Link to comment Share on other sites More sharing options...
Casper Posted August 14, 2014 Report Share Posted August 14, 2014 I don't believe there's actually anything in the laws about it. http://www.ohioattorneygeneral.gov/concealedcarrybook The only thing it covers is drink with a concealed weapon in a bar/restaurant. That's a big no-no. I'm obviously not a lawyer, but I think the concealed carry is irrelevant. I think he's just facing a DUI, which a first DUI should be a misdemeanor. Providing he informed the officer upon being stopped that he had a concealed weapon with him and is licensed of course. He'll probably be given the option to do the weekend class and avoid any jail time. Regardless, it was f-ing stupid. Hopefully he takes this seriously and changes a few things. Quote Link to comment Share on other sites More sharing options...
speedytriple Posted August 14, 2014 Author Report Share Posted August 14, 2014 Yeah i know, i have been telling him its gonna happen. Young guy goes out a lot, with his ccw. I have been warning him not to. Oh well hard lesson learned i guess. Quote Link to comment Share on other sites More sharing options...
bowdog Posted August 14, 2014 Report Share Posted August 14, 2014 not sure by any means if this is right but the way I was explained was already stated, and that is if you violate the terms of your permit (drinking) then it is like you did not have the permit at all at the time of arrest...there fore he will be facing an illegal carrying of a firearm and a DUI? Quote Link to comment Share on other sites More sharing options...
Casper Posted August 14, 2014 Report Share Posted August 14, 2014 not sure by any means if this is right but the way I was explained was already stated, and that is if you violate the terms of your permit (drinking) then it is like you did not have the permit at all at the time of arrest...there fore he will be facing an illegal carrying of a firearm and a DUI? I couldn't find anything in the book about drink and carrying except for in an establishment with a liquor license. Can you find where it says you can't drink? Quote Link to comment Share on other sites More sharing options...
bowdog Posted August 14, 2014 Report Share Posted August 14, 2014 I will look tonight, it has been a long time since i took the class but i remember him talking about this in our course because we had someone asking about drinking and carrying on their own property. Quote Link to comment Share on other sites More sharing options...
redkow97 Posted August 14, 2014 Report Share Posted August 14, 2014 there are also regulations on how to properly transport a firearm. Hint: loaded isn't the proper way. Quote Link to comment Share on other sites More sharing options...
Casper Posted August 14, 2014 Report Share Posted August 14, 2014 there are also regulations on how to properly transport a firearm. Hint: loaded isn't the proper way. Loaded is fine with a valid concealed carry license. Quote Link to comment Share on other sites More sharing options...
Tpoppa Posted August 14, 2014 Report Share Posted August 14, 2014 http://www.usacarry.com/ohio_concealed_carry_permit_information.html Automobile carry:The transportation of loaded, concealed handguns in motor vehicles is permitted, but strict obligations are imposed by the law to protect you and law enforcement. These obligations apply to drivers and occupants. These obligations do not apply if you are storing a firearm for any lawful purpose and it is not on your person or you are lawfully storing or possessing a firearm in your home. You may not have a loaded handgun in the vehicle if you are under the infuence of drugs or alcohol. 1 Quote Link to comment Share on other sites More sharing options...
Gixxus Christ! Posted August 14, 2014 Report Share Posted August 14, 2014 Probably gonna be charged with using firearms while intoxicated.If you are under the influence of alcohol or any drug you cannot legally carry or use any firearm. If you are caught using or carrying a weapon while under the influence you can be charged with this 1st degree misdemeanorwhich is punishable by up to 6 months in jail and fines reaching $1,000 Quote Link to comment Share on other sites More sharing options...
Casper Posted August 15, 2014 Report Share Posted August 15, 2014 http://www.usacarry.com/ohio_concealed_carry_permit_information.htmlAutomobile carry:The transportation of loaded, concealed handguns in motor vehicles is permitted, but strict obligations are imposed by the law to protect you and law enforcement. These obligations apply to drivers and occupants. These obligations do not apply if you are storing a firearm for any lawful purpose and it is not on your person or you are lawfully storing or possessing a firearm in your home. You may not have a loaded handgun in the vehicle if you are under the infuence of drugs or alcohol. Why is this not in the handbook from the state (link I posted above)? Or is it and I'm just blind? Quote Link to comment Share on other sites More sharing options...
JohnG Posted August 15, 2014 Report Share Posted August 15, 2014 There is conflicting information between the Ohio Attorney General publication and the USA Carry site: USA Carry: Concealed firearms are banned in premises for which a D permithas been issued or in an open air arena for which a permitof that nature has been issued. There are some exceptions to thisprohibition. The prohibition does not apply to principal holderof D permit as long as principal holder is not consuming liquor.The prohibition does not apply to an agent or employee of theprincipal holder who is also a peace officer who is also off duty.Possession of a concealed firearm is allowed in a retail store witha D-6 or D-8 permit as long as concealed carry license holder isnot consuming liquor. Class D permits are generally issued to anestablishment that sells alcohol for consumption on the premises.In any event, be certain of the type of permit and whether liquor isbeing consumed before you enter with a concealed handgun. Ohio Attorney General: 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 13 premises. In any event, do not consume beer or intoxicating liquor before carrying a concealed handgun into a licensed premises. FYI... Quote Link to comment Share on other sites More sharing options...
cOoTeR Posted August 15, 2014 Report Share Posted August 15, 2014 I think there is a felony charge of weapon under disability relating to having a fire under the influence of alcohol or drugs. Quote Link to comment Share on other sites More sharing options...
cOoTeR Posted August 15, 2014 Report Share Posted August 15, 2014 Nevermind the way i read it here makes it seem like you need another prior conviction or mental history. http://codes.ohio.gov/orc/2923.13v2 Quote Link to comment Share on other sites More sharing options...
Gixxus Christ! Posted August 15, 2014 Report Share Posted August 15, 2014 Weapon under disability can only be applied instantly if you are arrested for a felony or violent misdemeanor that would cause you to lose your firearm rights. Quote Link to comment Share on other sites More sharing options...
Pokey Posted August 15, 2014 Report Share Posted August 15, 2014 Pretty sure by Ohio law that if you have a CHL and are carrying, then you cannot have any alcohol in your system. Other states like Kentucky, CHL and carrying with alcohol in your system, you are under the same limits and laws as those who are not a licensed carrier and drinking. Quote Link to comment Share on other sites More sharing options...
Casper Posted August 15, 2014 Report Share Posted August 15, 2014 Pretty sure by Ohio law that if you have a CHL and are carrying, then you cannot have any alcohol in your system. Other states like Kentucky, CHL and carrying with alcohol in your system, you are under the same limits and laws as those who are not a licensed carrier and drinking. Sure would be nice if someone could post said law. Quote Link to comment Share on other sites More sharing options...
Gixxus Christ! Posted August 15, 2014 Report Share Posted August 15, 2014 Sure would be nice if someone could post said law. 2923.15 Using weapons while intoxicated.(A) No person, while under the influence of alcohol or any drug of abuse, shall carry or use any firearm or dangerous ordnance.(B) Whoever violates this section is guilty of using weapons while intoxicated, a misdemeanor of the first degree.Effective Date: 01-01-1974 Quote Link to comment Share on other sites More sharing options...
Scruit Posted August 15, 2014 Report Share Posted August 15, 2014 I would certainly expect his permit to go away for a long time. He definitely needs a laywer, like already. Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.