CCW + drinking...(not what you think)

[cinergi]

I don't ever remember hearing about that, but if it's true there's a great example.

[dakotart]

I don't ever remember hearing about that, but if it's true there's a great example.

 

It was a case where 1 pulled a gun, and 2 others pulled their guns and shot and killed the 1st guy.

 

It was considered self defense but they still got i believe 3 years on the charge of having a firearm in a liquor establishment.

 

Reference: http://www.dispatch.com/live/content/local_news/stories/2010/07/29/2-men-get-3-years-for-guns-in-tavern.html?sid=101

[RC K9]

Ohio just needs to get on the ball like our surrounding states and allow CCW holders to carry in a liquor estabishment. It doesn't say in that article that the two individuals had CCW permits (they had previous drug convictions) so they don't count. They should be locked away as they weren't supposed to be carrying concealed guns anyway.

 

I have friends that perform at places like skully's and such and I would gladly forego consuming alcohol if it meant I could carry a firearm. I hate having to choose between eating good food or watching a band, or protecting myself. Why can't I do both?

[RedRocket1647545505]

Why can't I do both?

 

Because you own a gun, and that automatically makes you a criminal in the sheeps' eyes.

[STEVE-O]

Because you own a gun, and that automatically makes you a criminal in the sheeps' eyes.

 

yes because we all know they are dangerous and guns kill people ... people don't kill people where have you been

[RC K9]

Ahh, that make total sense now. Thanks for clarifying that for me.

[Adam]

Am I wrong when I go into a place that I can't carry, leave the weapon in the vehicle and take the mag with me? Even if it is seperated someone gets in there and they have access to a loaded firearm.

 

Is there anything illegal about what I am doing when I seperate the two?

[SpaceGhost]

I was told a Loaded mag is a gun.

[cinergi]

I was told a Loaded mag is a gun.

 

 

And this is correct. Reasoning is because so many "gangsters" would dump their guns, but keep the mag. Easiest way to keep them in trouble is the twist the law a little.

 

I highly recommend caution doing whatever you are doing because they want to make examples out of people. If you are ok with that, do as you wish. It's not necessarily a good thing when the court will and does that the officer's word for what happened. You can argue your side in court, but at that point it is almost a lost cause.

[Adam]

noted

 

keep mag in car take empty gun:)

[STEVE-O]

noted

 

keep mag in car take empty gun:)

 

lol or empty the mag and take the bullets inside... Or take the slide off the gun and take that inside with you

[RC K9]

or just put the gun in a metal lockbox with a steel cable holding it to the car.

[1veryfastvr4]

speaking of lock box anyone have any they recommend for car use?

[twistedfocus1647545489]

speaking of lock box anyone have any they recommend for car use?

I had planned to get one of these back in the day when they still had the retarded rule of having to disarm and lock the gun up while in your car. These days I rarely leave a gun in my vehicle at all, but when I do it's locked in the glovebox.

 

http://www.defensedevices.com/lifejacket-gun-locks.html

[1veryfastvr4]

huh thats diff never seen any like that, i was looking for the ones that you put cable round seat post an put one end in box.... alll the ones ive seen in person are so cheap looking like you could pull the cable right out of the box so flimsy...... any one have a good sturdy one they recommend?

[Bahnstoermer1647545488]

Wow. There is so much heresay in this thread it's unbelievable!

 

H.B. 184, "Castle Dotrine," cleared up the "a gun has to be on you" issue in the car in Ohio. The gun can be loaded in the glove box or center console, and and be legal with your CCW. It can also be in a zipped pouch, purse, or container, etc... ie, "purse carry." My speculation seems to be it can be just about anywhere except in plain sight on the seat next to you, as far as I know excatly opposite what the law in Ohio originally said LOL.

 

Someone go look up the Ohio Revised Code and post the link...

 

Ok fine, here are some of them... feel free to poke around more at (http://codes.ohio.gov/orc/2923) and look down the right hand side...

 

 

http://codes.ohio.gov/orc/2923.12 (summary)

 

http://codes.ohio.gov/orc/2901.09 ("Residence" = vehicle = No duty to retreat)

 

http://codes.ohio.gov/orc/2901.05 (burden of proof, reasonable doubt)

 

http://codes.ohio.gov/orc/2923.16 (alcohol)

 

D) No person shall knowingly transport or have a loaded handgun in a motor vehicle if, at the time of that transportation or possession, any of the following applies:

 

(1) The person is under the influence of alcohol, a drug of abuse, or a combination of them.

[Red Beard]

huh thats diff never seen any like that, i was looking for the ones that you put cable round seat post an put one end in box.... alll the ones ive seen in person are so cheap looking like you could pull the cable right out of the box so flimsy...... any one have a good sturdy one they recommend?

 

http://www.surplusandadventure.com/images/product/main/ammo_box_30.jpg

 

I use one of these, I have modified it to be mounted into my truck. its bolted to the floor, and i have mounted a lock arm to it that keeps it from being opened when locked. it works great when i have stuff (wallet, phone, money, etc) i want to keep locked up in the car just toss it in there, lock it up and don't have to worry about it. Even if my truck gets broken into they're not getting the important stuff unless they take the whole truck. If that happens then I'm sure I'll have bigger things to worry about.

[1veryfastvr4]

thats a good idea, i have couple of those layin around also lol free box ftw!

[evan9381]

to update - had my CPD buddy/neighbor look into this a bit. he said he's going to try to run this by a prosecutor, but gave me some info, with the disclaimer that he's not a lawyer, so dont rely on this 100%.

 

few things he gave me though -

 

2923.16 - Improperly handling firearms in a motor vehicle

 

(D) No person shall knowingly transport or have a loaded handgun in a motor vehicle if, at the time of that transportation or posession any of the following applies

 

(1) The person is under the influence of alcohol, a drug of abuse, or a combination of them

 

with this, he basically said this is talking about a LOADED handgun. he said if the handgun is not loaded, you would be in compliance with this.

 

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 ordinance

 

with this, he said firearm is defined as "any gun wether loaded or unloaded, that is in working order", and under 2923.11 (B)(1) "firearm" means any deadly weapon capable of expelling or propelling one or more projectiles by the action of an explosive or combustible propellant, the trier of fact may rely upon circumstantial evidence, including, but not limited to, the representations and actions of the individual exercising control over the firearm"

 

he made clear though, that there is a difference between CARRYING (ie, on your person) or TRANSPORTING (ie, in your trunk, unloaded). he said by these laws (and again, not a lawyer, and going to get back to me once he talks to prosecutor), if you have had any drinks, and you have your firearm, in your trunk (in a locked box even better), unloaded, you are considered as "transporting" it, and unloaded would not be illegal. he did say though that in the case of say, you get home after drinking, go into your trunk to take your gun inside, that is now considered as "carrying", and technically you could get nailed for that, but what are the chances a cop is going to be sitting by your door waiting...he said safest bet is just to leave it in the trunk until the next morning.

 

he also did say, that basically with CHL holders, once you have anything to drink, your CHL basically no longer applies because you're considered as under the influence of alcohol

 

ill update if/when i hear anything else

[Bahnstoermer1647545488]

I concur with the interpretations above. That being said, many police officers aren't able to keep up with every law, and that's understandable.

 

My point is to look up the laws first and then cross reference - don't trust any single word of mouth source even police (unless it's Ohio attorney Ken Hanson, whom you all should have meet when you took your CCW at Blackwing for the sole benefit of meeting him).

 

Look it up, know it. That way when you're accused of something incorrect, you can directly state the correction and keep out of trouble.

 

Not saying I know it all either, I learned something from this thread too... but... look it up if you want the truth regarding the law. And if you're carrying a gun, you really need to know the law