Scenerio RE: alcohol/firearms

This forum is for discussion of general issues regarding Concealed Carry in your everyday life. This forum is not intended to be political or for discussing legislation.

Moderators: Chuck, Mustang380gal, Coordinators, Moderators

tbrew85
Posts: 902
Joined: Thu Jun 16, 2011 9:46 am
Location: Middletown, Ohio

Scenerio RE: alcohol/firearms

Post by tbrew85 »

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.
Proud father of a US Army Soldier

"An armed society is a polite society. Manners are good when one may have to back up his acts with his life." - Robert Heinlein
User avatar
pirateguy191
Posts: 11009
Joined: Sat Feb 14, 2009 12:06 pm
Location: 44146

Re: Scenerio RE: alcohol/firearms

Post by pirateguy191 »

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.
"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
User avatar
TJW815
Posts: 2476
Joined: Wed Oct 10, 2012 7:13 pm
Location: Warren County

Re: Scenerio RE: alcohol/firearms

Post by TJW815 »

Would it be any different than buying alcohol from the grocery store while armed?
Brian D.
Posts: 16229
Joined: Mon Jul 04, 2005 8:42 pm
Location: SW Ohio

Re: Scenerio RE: alcohol/firearms

Post by Brian D. »

Sounds like a poorly worded sign/poorly educated law director to me.
Quit worrying, hide your gun well, shut up, and CARRY that handgun!

********************************************************************************
1911 and Browning Hi Power Enthusianado.
tbrew85
Posts: 902
Joined: Thu Jun 16, 2011 9:46 am
Location: Middletown, Ohio

Re: Scenerio RE: alcohol/firearms

Post by tbrew85 »

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.
Proud father of a US Army Soldier

"An armed society is a polite society. Manners are good when one may have to back up his acts with his life." - Robert Heinlein
User avatar
JustaShooter
OFCC Coordinator
OFCC Coordinator
Posts: 5800
Joined: Thu Feb 07, 2013 3:08 pm
Location: Akron/Canton Area

Re: Scenerio RE: alcohol/firearms

Post by JustaShooter »

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;
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.
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...
Christian, Husband, Father
NRA Life Member
NRA Certified Range Safety Officer
NRA Certified Pistol & Rifle Instructor

Want to become more active with OFCC and help fight for your rights? Click Here!
User avatar
WY_Not
OFCC Patron Member
OFCC Patron Member
Posts: 2435
Joined: Wed May 02, 2007 10:15 pm
Location: Miami County, OH
Contact:

Re: Scenerio RE: alcohol/firearms

Post by WY_Not »

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. :roll:
JustaShooter wrote:"constructive possession"
Learn how Project Appleseed is supporting freedom through Marksmanship and Heritage clinics.
Samuel Adams wrote:If ye love wealth better than liberty, the tranquility of servitude better than the animating contest of freedom, go home from us in peace. We ask not your counsels or your arms. Crouch down and lick the hands which feed you. May your chains set lightly upon you, and may posterity forget that you were our countrymen.
tbrew85
Posts: 902
Joined: Thu Jun 16, 2011 9:46 am
Location: Middletown, Ohio

Re: Scenerio RE: alcohol/firearms

Post by tbrew85 »

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.
Proud father of a US Army Soldier

"An armed society is a polite society. Manners are good when one may have to back up his acts with his life." - Robert Heinlein
User avatar
JustaShooter
OFCC Coordinator
OFCC Coordinator
Posts: 5800
Joined: Thu Feb 07, 2013 3:08 pm
Location: Akron/Canton Area

Re: Scenerio RE: alcohol/firearms

Post by JustaShooter »

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. :roll:
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.
Christian, Husband, Father
NRA Life Member
NRA Certified Range Safety Officer
NRA Certified Pistol & Rifle Instructor

Want to become more active with OFCC and help fight for your rights? Click Here!
User avatar
TJW815
Posts: 2476
Joined: Wed Oct 10, 2012 7:13 pm
Location: Warren County

Re: Scenerio RE: alcohol/firearms

Post by TJW815 »

Are you by chance confusing it with the signs that refer to furnishing to a minor
User avatar
JustaShooter
OFCC Coordinator
OFCC Coordinator
Posts: 5800
Joined: Thu Feb 07, 2013 3:08 pm
Location: Akron/Canton Area

Re: Scenerio RE: alcohol/firearms

Post by JustaShooter »

TJW815 wrote:Are you by chance confusing it with the signs that refer to furnishing to a minor
Now that makes more sense.
Christian, Husband, Father
NRA Life Member
NRA Certified Range Safety Officer
NRA Certified Pistol & Rifle Instructor

Want to become more active with OFCC and help fight for your rights? Click Here!
User avatar
MyWifeSaidYes
OFCC Coordinator
OFCC Coordinator
Posts: 5449
Joined: Tue Feb 16, 2010 12:59 pm
Location: Central Ohio
Contact:

Re: Scenerio RE: alcohol/firearms

Post by MyWifeSaidYes »

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.
Unless you aren't the rapist. :wink: :twisted: :roll:
MyWifeSaidYes
User avatar
MyWifeSaidYes
OFCC Coordinator
OFCC Coordinator
Posts: 5449
Joined: Tue Feb 16, 2010 12:59 pm
Location: Central Ohio
Contact:

Re: Scenerio RE: alcohol/firearms

Post by MyWifeSaidYes »

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.
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.

At that point, simply offer to blow in his face.

:shock:
MyWifeSaidYes
Cruiser
OFCC Member
OFCC Member
Posts: 10911
Joined: Mon Jul 04, 2005 6:41 pm
Location: Mercer County, Ohio - what is yours?

Re: Scenerio RE: alcohol/firearms

Post by Cruiser »

MyWifeSaidYes wrote:
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.
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.

At that point, simply offer to blow in his face.

:shock:
Carry the beverage on a tray! :)
Abandon ye all HOPE!
tbrew85
Posts: 902
Joined: Thu Jun 16, 2011 9:46 am
Location: Middletown, Ohio

Re: Scenerio RE: alcohol/firearms

Post by tbrew85 »

TJW815 wrote:Are you by chance confusing it with the signs that refer to furnishing to a minor
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.
Proud father of a US Army Soldier

"An armed society is a polite society. Manners are good when one may have to back up his acts with his life." - Robert Heinlein
Post Reply