Legal question
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Legal question
This is a Facebook group question. If out carrying you decide too have a few drinks "under .08" is it legal too unload your firearm, lock it in the trunk and still drive, transport?
Daniel
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- pirateguy191
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Re: Legal question
Yes.
"In this present crisis, government is not the solution to our problem; government is the problem." - Ronald Reagan
"When democracy turns to tyranny, the armed citizen still gets to vote." ~ Mike Vanderboegh
NRA member, NRA basic pistol instructor, DBACB
"When democracy turns to tyranny, the armed citizen still gets to vote." ~ Mike Vanderboegh
NRA member, NRA basic pistol instructor, DBACB
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Re: Legal question
But why even take the chance of being pulled over after drinking. You could even be involved in an accident not of your making. Officer smells alcohol and your in for a long questioning secession when he finds out you have your gun with you. And I believe you have to notify that you have it. Just don't do it.
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Re: Legal question
Meaning what?djom1cincy wrote:Like I stated. It's a Facebook conversation.
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Re: Legal question
"Just don't do" what ? Unload it and put it in the trunk ? Wear it in the car ? Take it with you at all ??qmti wrote:But why even take the chance of being pulled over after drinking. You could even be involved in an accident not of your making. Officer smells alcohol and your in for a long questioning secession when he finds out you have your gun with you. And I believe you have to notify that you have it. Just don't do it.
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Re: Legal question
I don't think you have to notify about an unloaded firearm transported in your vehicle. (but I haven't actually looked that up lately).qmti wrote:But why even take the chance of being pulled over after drinking. You could even be involved in an accident not of your making. Officer smells alcohol and your in for a long questioning secession when he finds out you have your gun with you. And I believe you have to notify that you have it. Just don't do it.
- JediSkipdogg
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Re: Legal question
You don't, but generally they will ask if there are any weapons in the vehicle at which point you sorta have to answer. Some may say ignore the question and that may be fine, but remember, you are intoxicated and driving and that pretty much gives the officer the upper hand. Even a 0.1% BAC can be illegal under the law in Ohio. Remember, Ohio technically has no limit to cite under 4511.19A1A. So not playing nice with the officer can put you in a pinch later on.techguy85 wrote:I don't think you have to notify about an unloaded firearm transported in your vehicle. (but I haven't actually looked that up lately).qmti wrote:But why even take the chance of being pulled over after drinking. You could even be involved in an accident not of your making. Officer smells alcohol and your in for a long questioning secession when he finds out you have your gun with you. And I believe you have to notify that you have it. Just don't do it.
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- MyWifeSaidYes
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Re: Legal question
If you have a CHL and are armed, but want to quaff a few at the local public house, unload and store your firearm as if you did not have a CHL.
When you are stopped for a law enforcement purpose, you will have no duty to notify under any law.
IF a LEO asks you if you have any guns in the car, I would not advise lying. It is not a crime to have an unloaded gun stored in your car while you are under the influence of alcohol.
The crime is BEING under the influence of alcohol.
If you don't feel that one drink puts you "under the influence", I'm sure the LEO can arrange a meeting with a judge for you to make that argument.
For heaven's sake, find some will power and have a Coke.
When you are stopped for a law enforcement purpose, you will have no duty to notify under any law.
IF a LEO asks you if you have any guns in the car, I would not advise lying. It is not a crime to have an unloaded gun stored in your car while you are under the influence of alcohol.
The crime is BEING under the influence of alcohol.
If you don't feel that one drink puts you "under the influence", I'm sure the LEO can arrange a meeting with a judge for you to make that argument.
For heaven's sake, find some will power and have a Coke.
MyWifeSaidYes
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Re: Legal question
It would take an extreme emergency for me to drive anywhere after one beer at home without a firearm let alone with one in my car loaded or not.MyWifeSaidYes wrote:For heaven's sake, find some will power and have a Coke.
IMHO the wise thing is not to drink anything other than a soda (I like Vernor's) and drive
Gramps
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Re: Legal question
Gramps wrote:It would take an extreme emergency for me to drive anywhere after one beer at home without a firearm let alone with one in my car loaded or not.MyWifeSaidYes wrote:For heaven's sake, find some will power and have a Coke.
IMHO the wise thing is not to drink anything other than a soda (I like Vernor's) and drive
Gramps
Tend to agree with you Gramps. I've been in and around Logan Co. all my life & in my younger days,spent plenty of money in the bars at Indian Lake. Now,due to the increase in LEO the area,I'll have a diet soda please.
A wayfarer should not walk unarmed,
But have his weapons to hand:
He knows not when he may need a spear,
Or what menace meet on the road.
- Verse 38 from the Havamal, the Wisdom of Odin.
But have his weapons to hand:
He knows not when he may need a spear,
Or what menace meet on the road.
- Verse 38 from the Havamal, the Wisdom of Odin.
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Re: Legal question
I know that plenty of money spent in bars habit. Things are NOT like they used to be...... I could tell a couple stories about the old time when the police would let me drive home with a stern warning. NO WAY TODAY will that happen. (Well, if it is your brother Mr. policeman maybe)Tru-Heathen wrote: in my younger days,spent plenty of money in the bars at Indian Lake. Now,due to the increase in LEO the area,I'll have a diet soda please.
Just not worth the risk. I like my freedom, money, don't like courtrooms and really enjoy my ability to drive when and where I want too.
Grew up or wised up I guess many years ago
Gramps
Gramps
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> No Masks On This Face | All Lives Matter | It's Okay To Be White <
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Re: Legal question
"Officer, there are no loaded guns in the car."MyWifeSaidYes wrote:If you have a CHL and are armed, but want to quaff a few at the local public house, unload and store your firearm as if you did not have a CHL.
When you are stopped for a law enforcement purpose, you will have no duty to notify under any law.
IF a LEO asks you if you have any guns in the car, I would not advise lying. It is not a crime to have an unloaded gun stored in your car while you are under the influence of alcohol.
"Sir, that's not what I asked"
"Officer, that's my answer." (after that, silence)
Famous last words: "I just drank What?!-Socrates
bruh bruh is slang for "complete and total moron" -sodbuster95
The following is a list of children's books that didn't quite make it to the printing press...
1. What Is That Dog Doing to That Other Dog?
2. Daddy Drinks Because You Cry
3. You Were An Accident
4. Bi-Curious George
bruh bruh is slang for "complete and total moron" -sodbuster95
The following is a list of children's books that didn't quite make it to the printing press...
1. What Is That Dog Doing to That Other Dog?
2. Daddy Drinks Because You Cry
3. You Were An Accident
4. Bi-Curious George
- SeanC
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Re: Legal question
One beer, lol. Who drinks one beer?Gramps wrote:It would take an extreme emergency for me to drive anywhere after one beer at home without a firearm let alone with one in my car loaded or not.MyWifeSaidYes wrote:For heaven's sake, find some will power and have a Coke.
IMHO the wise thing is not to drink anything other than a soda (I like Vernor's) and drive
Gramps
I am a lawyer; I am not your lawyer.
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Re: Legal question
One 40 oz...one giant Oktoberfest mug..etcSeanC wrote:One beer, lol. Who drinks one beer?Gramps wrote:It would take an extreme emergency for me to drive anywhere after one beer at home without a firearm let alone with one in my car loaded or not.MyWifeSaidYes wrote:For heaven's sake, find some will power and have a Coke.
IMHO the wise thing is not to drink anything other than a soda (I like Vernor's) and drive
Gramps
Give em' Hell Pike!!!