Results 1 to 8 of 8

Thread: Legality of transporting a firearm under the influence?

  1. #1
    Regular Member
    Join Date
    Sep 2012
    Location
    Milan
    Posts
    113

    Legality of transporting a firearm under the influence?

    I have a question about transporting firearms home from a friends after consuming ( over .08 BAC ).

    Fist off let me say we shoot 1st, put firearms away then tip a few back. My lady friend drops me off and picks me up every time. I do not drive home ever.

    I have a Ohio CHL. I believe that if I transport the firearms In the trunk chamber empty, mags in separate storage box/bag that I would be within the law. I also believe that I have no duty to inform. I am no longer CCing.

    What do you think law wise?

    Thank you for your time.

  2. #2
    Regular Member MyWifeSaidYes's Avatar
    Join Date
    Dec 2009
    Location
    Logan, OH
    Posts
    1,028
    Since you are not "carrying" or "using" the firearm, you should be good to go.

    Just store it before you start drinking and don't handle it until after you sober up.

    That might mean it has to stay in the trunk until you sleep it off.

    The standard caveat applies: Just because you know you're following the law does not mean a LEO knows you are following the law.
    ------------------------------------------------------------
    What does a caring, sensitive person feel when they are forced to use a handgun to stop a threat?

    Recoil.

  3. #3
    Regular Member
    Join Date
    May 2012
    Location
    somewhere
    Posts
    209

    Re: Legality of transporting a firearm under the influence?

    2923.16

    (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

    Keyword is "loaded". If it isn't loaded per Ohio definition (mag or round in firearm), you are good to go.

    Notice this applies for passengers as well.



    Sent from my SCH-I605 using Tapatalk 2

  4. #4
    Regular Member MyWifeSaidYes's Avatar
    Join Date
    Dec 2009
    Location
    Logan, OH
    Posts
    1,028
    And 2923.15 specifically addresses intoxication:

    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.
    ------------------------------------------------------------
    What does a caring, sensitive person feel when they are forced to use a handgun to stop a threat?

    Recoil.

  5. #5
    Regular Member
    Join Date
    May 2012
    Location
    somewhere
    Posts
    209

    Re: Legality of transporting a firearm under the influence?

    Those two certainly seem to contradict each other.

    .16 specifies transporting a loaded handgun while under the influence

    .15 prohibits carrying a firearm while under the influence.


    I guess it depends on how you define "carry"..

    Sent from my SCH-I605 using Tapatalk 2
    Last edited by Hareuhal; 08-03-2013 at 04:49 PM.

  6. #6
    Banned
    Join Date
    Jan 2010
    Location
    Fairborn, Ohio, USA
    Posts
    13,063

    Legality of transporting a firearm under the influence?

    So it sounds like either you or the firearm can be loaded, but not both.


    Sent from my iPad using Tapatalk.

    <o>

  7. #7
    Regular Member MyWifeSaidYes's Avatar
    Join Date
    Dec 2009
    Location
    Logan, OH
    Posts
    1,028
    Quote Originally Posted by eye95 View Post
    So it sounds like either you or the firearm can be loaded, but not both.
    Touché.
    ------------------------------------------------------------
    What does a caring, sensitive person feel when they are forced to use a handgun to stop a threat?

    Recoil.

  8. #8
    Banned
    Join Date
    Jan 2012
    Location
    earth's crust
    Posts
    17,838
    Quote Originally Posted by MyWifeSaidYes View Post
    Touché.
    OH is no fun anymore...

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •