Scenerio RE: alcohol/firearms
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Scenerio RE: alcohol/firearms
Its been a while since I've been on the forum but I've never seen this scenario discussed in the past:
Lets say I'm the designated driver, I'm armed, and I'm with friends in a place that sells beer for on premises consumption. I go to buy myself a soft drink and a friend asks me to get a beer for him while I'm at it. Is this LEGAL? (Id rather not get into a discussion about the wisdom, or lack thereof, of doing this, just the legality of it.)
The reason I ask is that I saw a sign last night that I've never seen before. It looked at first glance like the typical liquor control board sign (or whatever the proper term is for that sign). Upon further reading, it was far different. it stated, words to the effect that you could be fined if you are armed and buy, or even contribute to buying a beer for someone else that is legally allowed to consume. I meant to get a picture of it on my way out but when I did, I took a picture of the wrong sign, which actually was the typical sign.
This was at the Franklin Community park Independence day celebration last night.
Lets say I'm the designated driver, I'm armed, and I'm with friends in a place that sells beer for on premises consumption. I go to buy myself a soft drink and a friend asks me to get a beer for him while I'm at it. Is this LEGAL? (Id rather not get into a discussion about the wisdom, or lack thereof, of doing this, just the legality of it.)
The reason I ask is that I saw a sign last night that I've never seen before. It looked at first glance like the typical liquor control board sign (or whatever the proper term is for that sign). Upon further reading, it was far different. it stated, words to the effect that you could be fined if you are armed and buy, or even contribute to buying a beer for someone else that is legally allowed to consume. I meant to get a picture of it on my way out but when I did, I took a picture of the wrong sign, which actually was the typical sign.
This was at the Franklin Community park Independence day celebration last night.
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- pirateguy191
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Re: Scenerio RE: alcohol/firearms
Yeah, I really don't think the law says you can't buy for someone else. It says you can't consume or already be under the influence. IANAL.
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Re: Scenerio RE: alcohol/firearms
Would it be any different than buying alcohol from the grocery store while armed?
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Re: Scenerio RE: alcohol/firearms
Sounds like a poorly worded sign/poorly educated law director to me.
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Re: Scenerio RE: alcohol/firearms
I wish I had gotten the correct photo. It looked "official". haha. It was on a large board. The 2 signs were about 4 feet apart. I assumed they said the same thing so when I left, I took a pic of the wrong sign. I may stop by tonight, but I'm sure its already been removed from the park as it was part of a temporary set up for the festivities.
It clearly said that you could be fined for the mere purchase, or even furnishing funds for the purchase of the beer. Never seen anything like it before.
As far as the question related to buying from the grocery....The only thing I can think that would be different is the on premises consumption?
I need to find this sign again. My curiosity is piqued.
It clearly said that you could be fined for the mere purchase, or even furnishing funds for the purchase of the beer. Never seen anything like it before.
As far as the question related to buying from the grocery....The only thing I can think that would be different is the on premises consumption?
I need to find this sign again. My curiosity is piqued.
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- JustaShooter
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Re: Scenerio RE: alcohol/firearms
Ohio law says nothing about a person with a CHL being prohibited from buying or contributing to the purchase of alcohol while armed in a Class D establishment, it only prohibits a person with a CHL from consuming or being under the influence while armed in a Class D establishment.
http://codes.ohio.gov/orc/2923.121" onclick="window.open(this.href);return false;
http://codes.ohio.gov/orc/2923.121" onclick="window.open(this.href);return false;
Now, personally I wouldn't want to be in possession of an open container of alcohol while in a Class D establishment while armed. Not sure if "constructive possession" or similar would apply, but it sure seems like that could go badly...2923.121 Possession of firearm in beer liquor permit premises - prohibition, exceptions.
(A) No person shall possess a firearm in any room in which any person is consuming beer or intoxicating liquor in a premises for which a D permit has been issued under Chapter 4303. of the Revised Code or in an open air arena for which a permit of that nature has been issued.
(B)
(1) This section does not apply to any of the following:
...
(e) Any person who is carrying a valid concealed handgun license ... as long as the person is not consuming beer or intoxicating liquor or under the influence of alcohol or a drug of abuse.
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Re: Scenerio RE: alcohol/firearms
That term and its use has got to be one of the stupidest terms/uses in our legal system. By that same definition then all men are rapists. After all, they have the equipment and they might use it.
JustaShooter wrote:"constructive possession"
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Re: Scenerio RE: alcohol/firearms
JustaShooter wrote:Ohio law says nothing about a person with a CHL being prohibited from buying or contributing to the purchase of alcohol while armed in a Class D establishment, it only prohibits a person with a CHL from consuming or being under the influence while armed in a Class D establishment.
Now, personally I wouldn't want to be in possession of an open container of alcohol while in a Class D establishment while armed. Not sure if "constructive possession" or similar would apply, but it sure seems like that could go badly...
That was my understanding as well. And I agree that if an LEO wanted to push the issue, it could, in the least, be a pain in the butt to deal with.
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Re: Scenerio RE: alcohol/firearms
While I don't completely disagree, your analogy doesn't stand up to scrutiny since possessing the tools of a rapist isn't illegal.WY_Not wrote:That term and its use has got to be one of the stupidest terms/uses in our legal system. By that same definition then all men are rapists. After all, they have the equipment and they might use it.
JustaShooter wrote:"constructive possession"
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- TJW815
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Re: Scenerio RE: alcohol/firearms
Are you by chance confusing it with the signs that refer to furnishing to a minor
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Re: Scenerio RE: alcohol/firearms
Now that makes more sense.TJW815 wrote:Are you by chance confusing it with the signs that refer to furnishing to a minor
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Re: Scenerio RE: alcohol/firearms
Unless you aren't the rapist.JustaShooter wrote:"constructive possession"
While I don't completely disagree, your analogy doesn't stand up to scrutiny since possessing the tools of a rapist isn't illegal.
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Re: Scenerio RE: alcohol/firearms
Yep. Just holding an alcoholic drink COULD give a LEO RAS for stopping you IF he also knows, somehow, that you are an actively carrying CHL holder.tbrew85 wrote:... And I agree that if an LEO wanted to push the issue, it could, in the least, be a pain in the butt to deal with.
At that point, simply offer to blow in his face.
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Re: Scenerio RE: alcohol/firearms
Carry the beverage on a tray!MyWifeSaidYes wrote:Yep. Just holding an alcoholic drink COULD give a LEO RAS for stopping you IF he also knows, somehow, that you are an actively carrying CHL holder.tbrew85 wrote:... And I agree that if an LEO wanted to push the issue, it could, in the least, be a pain in the butt to deal with.
At that point, simply offer to blow in his face.
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Re: Scenerio RE: alcohol/firearms
Well, I cant categorically deny that mistake, but I'm 97% sure it referenced firearms at the beginning. That's what drew my attention to it.TJW815 wrote:Are you by chance confusing it with the signs that refer to furnishing to a minor
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"An armed society is a polite society. Manners are good when one may have to back up his acts with his life." - Robert Heinlein
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