Legal question

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djom1cincy
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Legal question

Post by djom1cincy »

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?
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pirateguy191
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Re: Legal question

Post by pirateguy191 »

Yes.
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qmti
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Re: Legal question

Post by qmti »

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.
djom1cincy
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Re: Legal question

Post by djom1cincy »

Like I stated. It's a Facebook conversation.
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Re: Legal question

Post by Cruiser »

djom1cincy wrote:Like I stated. It's a Facebook conversation.
Meaning what?
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docachna
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Re: Legal question

Post by docachna »

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.
"Just don't do" what ? Unload it and put it in the trunk ? Wear it in the car ? Take it with you at all ??
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techguy85
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Re: Legal question

Post by techguy85 »

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.
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).
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JediSkipdogg
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Re: Legal question

Post by JediSkipdogg »

techguy85 wrote:
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.
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).
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.
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MyWifeSaidYes
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Re: Legal question

Post by MyWifeSaidYes »

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. :wink:
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Re: Legal question

Post by Gramps »

MyWifeSaidYes wrote:For heaven's sake, find some will power and have a Coke. :wink:
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.
IMHO the wise thing is not to drink anything other than a soda (I like Vernor's) and drive

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Tru-Heathen
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Re: Legal question

Post by Tru-Heathen »

Gramps wrote:
MyWifeSaidYes wrote:For heaven's sake, find some will power and have a Coke. :wink:
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.
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.
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Re: Legal question

Post by Gramps »

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.
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)

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

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Re: Legal question

Post by Javelin Man »

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.
:wink:
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Re: Legal question

Post by SeanC »

Gramps wrote:
MyWifeSaidYes wrote:For heaven's sake, find some will power and have a Coke. :wink:
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.
IMHO the wise thing is not to drink anything other than a soda (I like Vernor's) and drive

Gramps
One beer, lol. Who drinks one beer?
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glocksmith
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Re: Legal question

Post by glocksmith »

SeanC wrote:
Gramps wrote:
MyWifeSaidYes wrote:For heaven's sake, find some will power and have a Coke. :wink:
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.
IMHO the wise thing is not to drink anything other than a soda (I like Vernor's) and drive

Gramps
One beer, lol. Who drinks one beer?
One 40 oz...one giant Oktoberfest mug..etc
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