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question on dui with a loaded ccw


speedytriple

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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.

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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?

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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 by 2talltim
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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. 

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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?

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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? 

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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.

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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. 

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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

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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.

Why is this not in the handbook from the state (link I posted above)? Or is it and I'm just blind?

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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 permit

has been issued or in an open air arena for which a permit
of that nature has been issued. There are some exceptions to this
prohibition. The prohibition does not apply to principal holder
of D permit as long as principal holder is not consuming liquor.
The prohibition does not apply to an agent or employee of the
principal holder who is also a peace officer who is also off duty.
Possession of a concealed firearm is allowed in a retail store with
a D-6 or D-8 permit as long as 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, be certain of the type of permit and whether liquor is
being 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...

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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.

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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. :D

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Sure would be nice if someone could post said law. :D

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

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