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CCW and Alcohol


Hahn

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Dont feel like doing alot of research and reading fine print to still wonder the facts so someone fill me in. Question is, if im out and carrying, but then decide i would like to meet up for some drinks, what can i do with the pistol. Problem is, i have a regular cab truck, with no locking glove box or center console. I was assuming that i could just leave the pistol in the glove box unloaded with the ammo in the center console or behind the seat or vice versa. Seems like kind of a gray area though since its a regular cab. Anyone know?
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Don't drink.

 

Pretty much your only option. If you get pulled over and you have a ccw permit you HAVE to inform that you have a handgun regardless if its loaded or not, locked up or not. Concealed is concealed, and in plain site while drinking would probably get you pulled out of your car at gun point. Either don't drink, or don't carry, choose one.

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If you get pulled over and you have a ccw permit you HAVE to inform that you have a handgun regardless if its loaded or not, locked up or not. Concealed is concealed, and in plain site while drinking would probably get you pulled out of your car at gun point.

 

No. See ORC 2923.16 sections (D) and (E)(1):

 

(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.

 

(2) The person’s whole blood, blood serum or plasma, breath, or urine contains a concentration of alcohol, a listed controlled substance, or a listed metabolite of a controlled substance prohibited for persons operating a vehicle, as specified in division (A) of section 4511.19 of the Revised Code, regardless of whether the person at the time of the transportation or possession as described in this division is the operator of or a passenger in the motor vehicle.

 

(E) No person who has been issued a license or temporary emergency license to carry a concealed handgun under section 2923.125 or 2923.1213 of the Revised Code

 

or a license to carry a concealed handgun that was issued to the person by another state with which the attorney general has entered into a reciprocity agreement under section 109.69 of the Revised Code, who is the driver or an occupant of a motor vehicle that is stopped as a result of a traffic stop or a stop for another law enforcement purpose or is the driver or an occupant of a commercial motor vehicle that is stopped by an employee of the motor carrier enforcement unit for the purposes defined in section 5503.34 of the Revised Code, and who is transporting or has a loaded handgun in the motor vehicle or commercial motor vehicle in any manner, shall do any of the following :

 

(1) Fail to promptly inform any law enforcement officer who approaches the vehicle while stopped that the person has been issued a license or temporary emergency license to carry a concealed handgun and that the person then possesses or has a loaded handgun in the motor vehicle;

 

However, if an officer determines you're under the influence, you could still catch an M1 for 2923.15 - Using weapons while intoxicated.

 

Either don't drink, or don't carry, choose one.

Bingo.

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No. See ORC 2923.16 sections (D) and (E)(1):

 

 

 

However, if an officer determines you're under the influence, you could still catch an M1 for 2923.15 - Using weapons while intoxicated.

 

 

Bingo.

 

I know someone that did time for either that, or something very similar, so yeah. Besides, I would never trust a street beat cop to know every detail of every law. I'd rather not run the risk of getting tossed in a cell for something that's technically legal, but would still end up in court over.

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and keep in mind, under Ohio law a loaded mag = loaded gun. So if you want to get really technical about it you'd have to dump the rounds out and stick them somewhere that the law states you can put them, if you want to avoid falling under CCW law.
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So it still seems like kind of a gray area. Im not talking about going out carrying and knowing that im going to go get some drinks. Im talking like, im up at Polaris and a buddy i havnt seen in forever offers to get a couple beers or a similar situation. I get that its best not to carry IF you know that your going to drink obviously, but what about when its a spur of the moment kind of deal. Even the code and the quoted post/link couldnt 100% clarify.
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So it still seems like kind of a gray area. Im not talking about going out carrying and knowing that im going to go get some drinks. Im talking like, im up at Polaris and a buddy i havnt seen in forever offers to get a couple beers or a similar situation. I get that its best not to carry IF you know that your going to drink obviously, but what about when its a spur of the moment kind of deal. Even the code and the quoted post/link couldnt 100% clarify.

 

Drive home and dump the gun off.

 

Its worth it to not play games with the law

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What if you broke the gun down? Like put the frame in the center console, slide in the glove box, barrel and empty magazines in the door panel, spring and bullets in the other door panel? At least you would have done everything possible or just dispose of the bullets like giving them to a friend to put in their car and get them from them later.
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You can get charged with weapons under disability which is a felony. I had a friend get charged with that. He had to go through a hell of a legal battle to stay out of jail. He ended up having to take a bunch of substance abuse classes, got a omvi, 3 years of probation and a bunch of community service. He did get his CCW back after it was all said and done though, which surprised the hell out of me.
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and keep in mind, under Ohio law a loaded mag = loaded gun. So if you want to get really technical about it you'd have to dump the rounds out and stick them somewhere that the law states you can put them, if you want to avoid falling under CCW law.

 

Good point. Fortunately, location of the ammo or the magazine/speedloader, as long as it's empty, doesn't matter if you have a CCW/CHL/OLTCACH since the law changed last year (see 2923.16(F)(5)). Sitting on the seat next to you with ammo rolling around with it would be fine, but definitely not the best place for it.

 

I get that its best not to carry IF you know that your going to drink obviously, but what about when its a spur of the moment kind of deal. Even the code and the quoted post/link couldnt 100% clarify.

 

If you can't resist peer pressure then maybe you shouldn't be carrying a gun :gabe: Just kidding! But seriously though, just say no. Sometimes my wife forgets I'm carrying, and she'll try to get me to try one of her drinks. It goes a little something like this:

 

Her: Honey, you should try this, it's really good!

Me: No thanks.

Her: Really, it's good!

Me: No. Thanks.

Her: Why not? You know you want... Oh...

 

If they really want to buy you a beer, and you really want to drink, have them buy you a six-pack and take it back to your place :)

 

You can get charged with weapons under disability which is a felony. I had a friend get charged with that. He had to go through a hell of a legal battle to stay out of jail. He ended up having to take a bunch of substance abuse classes, got a omvi, 3 years of probation and a bunch of community service. He did get his CCW back after it was all said and done though, which surprised the hell out of me.

 

If you're an alcoholic, maybe. See 2923.13(A)(4), which is an F3, and is the basically same thing Phil would get charged with :lolguy: If you're carrying and drink in a bar/restaurant that serves, that would be a felony (see 2923.121, F3 if it's concealed, F5 if it's not), but not because of a weapons disability.

 

What if you broke the gun down? Like put the frame in the center console, slide in the glove box, barrel and empty magazines in the door panel, spring and bullets in the other door panel? At least you would have done everything possible or just dispose of the bullets like giving them to a friend to put in their car and get them from them later.

 

Dunno about that. My understanding is that the federal definition is the receiver, so the frame part with the serial number and trigger on a semi-auto, and the frame without the cylinder on a revolver. However, I'm not sure exactly what part(s) Ohio law would consider to be the actual firearm. You can check out 2923.11 if you're curious.

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There are grey areas you can find yourself in. What you need to do, is everything you can to be in the right. You have a pick up, with no locking glove box. Try a lock box installed under the seat. You can cable secure it to the seat frame also.

 

http://www.amazon.com/Stack-On-PC-650-Portable-Electronic-Black/dp/B0051AM818/ref=sr_1_14?ie=UTF8&qid=1350745685&sr=8-14&keywords=car+safe

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Only thing you can do in ohio is, don't drink. They go over this in the gun forums all the time. If you do and you get pulled over your getting a lot of charges and a lot of pain that probably isn't worth it. Shouldn't be drinking and driving anyway.
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