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You can beat the rap, but you can’t beat the ride.

JustaShooter

Regular Member
Joined
Jul 26, 2013
Messages
728
Location
NE Ohio
Just to put a fine point on it, and not to start a discussion/argument on the merits of doing so, in Ohio one is NOT forbidden to drink while carrying, one is forbidden to drink in alcohol serving establishments (with, I believe, one exception that I wouldn't think of challenging).
Indeed - but with the caveat that it is a crime in Ohio to be "under the influence" of alcohol or a drug of abuse while carrying.
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.
 

eye95

Well-known member
Joined
Jan 6, 2010
Messages
13,524
Location
Fairborn, Ohio, USA
Is “under the influence” as it relates to carry defined?

After all, Ohio legislators are famous for not defining terms (“shotgun”, “sporting purpose”), leaving the gun-toting community at a loss as to what is legal and what is not!
 

eye95

Well-known member
Joined
Jan 6, 2010
Messages
13,524
Location
Fairborn, Ohio, USA
Unfortunately, as was the problem with the Shockwave, the lack of a definition leaves us subject to strict interpretation. I don’t want to fall victim to cops, prosecutors, and judges who believe that 0.01 BAC constitutes “under the influence”.

If March 28th rolls around and HB228 hasn’t been fixed and firearms over 26” that don’t have a “sporting purpose” become dangerous ordinances, I won’t sell anything over 26” for fear of what some cops, prosecutors, or judges may think the words “sporting purpose” means!
 

JustaShooter

Regular Member
Joined
Jul 26, 2013
Messages
728
Location
NE Ohio
Is “under the influence” as it relates to carry defined?
No, it isn't - but then, it's not defined for operating a vehicle under the influence either. The 0.08 BAC level (or whatever it is today) is a "presumptive" limit, meaning as I understand it that if you are over that limit you are presumed to be under the influence, but you can be found to be under the influence at lower BAC levels. It all depends on what the LEO can convince the judge - and let's face it, the judges will defer to the LEO 9 times out of 10 or better.
 

solus

Regular Member
Joined
Aug 22, 2013
Messages
9,315
Location
here nc
Unfortunately, as was the problem with the Shockwave, the lack of a definition leaves us subject to strict interpretation. I don’t want to fall victim to cops, prosecutors, and judges who believe that 0.01 BAC constitutes “under the influence”.

If March 28th rolls around and HB228 hasn’t been fixed and firearms over 26” that don’t have a “sporting purpose” become dangerous ordinances, I won’t sell anything over 26” for fear of what some cops, prosecutors, or judges may think the words “sporting purpose” means!

Sorry, the ‘problem with the shockwave’ has what on earth with BAC levels and carrying a firearm?
 

OC for ME

Regular Member
Joined
Jan 6, 2010
Messages
12,452
Location
White Oak Plantation
eye95 can correct if I am off base. His comment is not about the gun, but how the gun, and booze, are defined in the law...if I read his post correctly.

Edit to add: reality is that any individual cop will/could ignore any ambiguity in the law and err on the side of arrest and let the prosecutor or judge figure it out. The Heien effect.
 

solus

Regular Member
Joined
Aug 22, 2013
Messages
9,315
Location
here nc
Alas OC, et al, the learned member from Ohio has in the recent past articulated about the importance of presenting facts, yet when specifically asked about clarification, from anyone, it is fascinating to watch as they always emulate Queen Victoria’s mis-attributed statement ‘We are not amused’ comment, followed by a disparaging comment about those who might dare challenge him.

To try to quantify once again regarding eye95’s confusing and disjointed statement as he connected a comment regarding a LG and BAC ambiguity does not seem to make any statement of ‘fact’ especially since the LG model specifically mentioned by eye95, does not have any ambiguity in it’s legal definition whatsoever! [‘factoid’ cite https://www.mossberg.com/wp-content/uploads/2017/03/Shockwave-Letter-from-ATF-3-2-17.pdf ]
 

eye95

Well-known member
Joined
Jan 6, 2010
Messages
13,524
Location
Fairborn, Ohio, USA
OC for free, and CC for about $50 every five years.

I can swing that.
I didn’t bother with the license (and lived with the restrictions of being a non-licensee) until Ohio made the license free and easy for military retirees back in November.

The law is still bad, but now I only lose an hour and change every five years, instead of cumulatively losing that time constantly loading and unloading my firearm getting out and in my car, pointlessly handling a loaded firearm and ruining my Barney Fife, compressing it over time with the constant chambering.
 

solus

Regular Member
Joined
Aug 22, 2013
Messages
9,315
Location
here nc
I didn’t bother with the license (and lived with the restrictions of being a non-licensee) until Ohio made the license free and easy for military retirees back in November.

The law is still bad, but now I only lose an hour and change every five years, instead of cumulatively losing that time constantly loading and unloading my firearm getting out and in my car, pointlessly handling a loaded firearm and ruining my Barney Fife, compressing it over time with the constant chambering.

Oh eye95, what do you do with your SD firearm while on WPAFB especially since the Nov 2016 DoD directive does not cover retiree? Eh?
 

eye95

Well-known member
Joined
Jan 6, 2010
Messages
13,524
Location
Fairborn, Ohio, USA
I don’t respond to trolling. If you were genuinely interested in discussion that would edify both of us, I would answer you. Your presence here seems designed merely to provoke. That is trolling.
 

color of law

Accomplished Advocate
Joined
Oct 7, 2007
Messages
5,975
Location
Cincinnati, Ohio, USA
I don’t respond to trolling. If you were genuinely interested in discussion that would edify both of us, I would answer you. Your presence here seems designed merely to provoke. That is trolling.
Modus operandi of eye95 is if he does not know the answer to a question he resorts to calling the question as trolling.
 

solus

Regular Member
Joined
Aug 22, 2013
Messages
9,315
Location
here nc
I don’t respond to trolling. If you were genuinely interested in discussion that would edify both of us, I would answer you. Your presence here seems designed merely to provoke. That is trolling.

No mate, actually a sincere concern for your wellbeing if the WPAFB were to discern your vehicle contains illegally carried weapon(s).

Trolling, nawlll, that would entail rolling my eyes that you, for those oh many years, you loaded/unloaded and locked up your SD firearm every time you got into/out of a vehicle, nor that you surreptitiously do not carry your SD firearm on to/off of military installations, now that might be considered trolling.
 
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