Legality of transporting a firearm under the influence?

[Troy bilt]

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.

 

[MyWifeSaidYes]

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.

 

[Hareuhal]

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.



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[MyWifeSaidYes]

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.

 

[Hareuhal]

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"..

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[eye95]

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


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<o>

 

[MyWifeSaidYes]

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

Touché.

 

[davidmcbeth]

Touché.

OH is no fun anymore...