Open Carry Scenario and Alcohol

Open Carry is carrying a firearm unconcealed in Ohio. OC does not require a concealed handgun license, but the practice requires intimate knowledge of the law since there are places and situations where OC is prohibited but carrying concealed would be permitted. OC is also likely to attract attention. This forum is for discussion of OC, not for debating the pro's and con's or coordinating any type of protest events.

Moderators: Chuck, Mustang380gal, Coordinators, Moderators

User avatar
Chuck
OFCC Director
OFCC Director
Posts: 4753
Joined: Mon Nov 16, 2009 7:06 am
Location: Licking County

Re: Open Carry Scenario and Alcohol

Post by Chuck »

BobK wrote:
jabeatty wrote:
schmieg wrote:Who runs the place? If it's the city and city employees are there on a regular basis performing their jobs, it is a statutory CPZ and no one should be carrying there, drinking or not.
Job applications for the place specify the City of Kettering as the employer...
There is the answer I was driving towards.

However, note that the topic is "Open Carry Scenario". R.C. 2926.126 only prohibits concealed carry in government buildings.

Thus, I would say that people with an Ohio License to Carry a Concealed Handgun are the only non-LEO people allowed to open carry in this government-operated, Class D facility. If they drink while doing so, that is a felony.
I had arrived at the same conclusion, but wasn't going to post it because I thought surely there was something I was missing somewhere.
Ain't activism fun?

"Associate with men of good quality if you esteem your own reputation; for it is better to be alone than in bad company. " - George Washington

"I am only one, but I am one. I cannot do everything, but I can do something.
And because I can not do everything, I will not refuse to do the something I can do.
What I can do, I should do. And what I should do, by the grace of GOD, I will do."
- Edward Everett Hale (descendant of Nathan Hale)
User avatar
MyWifeSaidYes
OFCC Coordinator
OFCC Coordinator
Posts: 5449
Joined: Tue Feb 16, 2010 12:59 pm
Location: Central Ohio
Contact:

Re: Open Carry Scenario and Alcohol

Post by MyWifeSaidYes »

The ORC says you can't be under the influence and be armed, regardless of open or concealed, or CHL status:
ORC 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.
You might not think having a single sip of alcohol would be be considered "under the influence". That will be up to the judge or jury to decide, but the LEO and prosecutor can still put you up in the graybar hotel if they get a whiff of alcohol on your breath.

Having said that, put a wristband on the adult and get on with your job.
MyWifeSaidYes
pleasantguywhopacks
OFCC Patron Member
OFCC Patron Member
Posts: 16747
Joined: Mon May 28, 2007 2:20 pm
Location: Whitehouse, OH

Re: Open Carry Scenario and Alcohol

Post by pleasantguywhopacks »

jabeatty wrote:If he has a cannon on his hip, he's probably going to need treatment for crush injuries - call your med team and don't worry about the alcohol issue.
LOL!
http://www.youtube.com/watch?v=qOxXpNBdrVE" onclick="window.open(this.href);return false;
When seconds count, the police are only minutes away!
Life Member NRA
User avatar
djthomas
Posts: 5961
Joined: Sun Jan 22, 2006 11:09 am

Re: Open Carry Scenario and Alcohol

Post by djthomas »

If this is an outdoor pavilion then the only way you'd run into trouble is if you carried in any buildings (other than stand-alone restrooms). The fact that they put a fence around it doesn't make it a government facility within the meaning of 2926.126. It seems that since the law director agreed that the signs needed to come off the gates the city feels that way too. Their policy on the website of "no firearms unless allowed by applicable law" sounds like an attempt to get most people to think that guns are prohibited while keeping the city out of hot water if someone in the know challenges them. The actions of the law director speak volumes.

Back to the OP's original question. It's generally best to leave matters of armed individuals committing felonies to law enforcement. I presume there's at least a few off duties working security for ticketed events and I also presume that the gate personnel have a way of contacting them.
GPER
Posts: 58
Joined: Tue Oct 02, 2012 1:18 pm

Re: Open Carry Scenario and Alcohol

Post by GPER »

FIREARMS ARE PROHIBITED UNLESS PERMITTED BY APPLICABLE LAW!
So you can conceal carry with a ccw and not drinking at the Fraze event??? I'm confused about the UNLESS PERMITTED BY APPLICABLE LAW!
User avatar
ArmyAndNavyVet
Posts: 131
Joined: Wed Jun 06, 2012 3:53 pm
Location: Centerville, Ohio

Not Permitted At Fraze

Post by ArmyAndNavyVet »

Quote from the Fraze Pavilion website FAQ:

"WHAT IS NOT ALLOWED IN FRAZE PAVILION?
For the safety and security of all patrons, the following items are NOT permitted: weapons (including knives), firearms (unless permitted by applicable law), alcoholic beverages, animals, cans, bottles or other beverage containers, coolers, outside food, cameras, camcorders, recording devices, signs & posters (including handmade ones), fireworks, laser pointers, lawn chairs, beach chairs, stadium seats, skateboards, bicycles, picnic baskets, strollers, umbrellas, bug spray in aerosol cans or any other item deemed dangerous or inappropriate."

Clear as mud, eh? Definitely open to interpretation, but I would not have a problem CC'ing there (without imbibing, of course).

(bold type emboldened by me)
NRA Distinguished Life Member
Viet Nam Combat Veteran, 1967-1968, I Corps (Army)
Beirut 1983 (Navy)
Lấy máu Nga Hoa mà hòa rượu đế
Lấy xác cộng xây cầu bên hải
Lấy râu cụ Hồ làm bàn chải đánh giầy
Chặt đầu việt cộng mà nấu canh chua
User avatar
charliej47
OFCC Member
OFCC Member
Posts: 854
Joined: Sat Jan 21, 2006 3:28 pm
Location: Middletown, Ohio

Re: Open Carry Scenario and Alcohol

Post by charliej47 »

:shock: Since you are allowed to OC as an adult, then wouldn't this be covered by " firearms (unless permitted by applicable law)"? :roll:
Charles Johnson Jr
12GA. pump - Home defense
40 Cal. Main Carry
380 BUG
22lr Live fire practice
The Second Amendment is about the right to be able to protect oneself from all who would do us harm including Legislators!
I came into this world screaming and covered in someone Else's blood, don't care if I go out the same way

Everyone who receives the protection of society owes a return for the benefit. John Stuart Mill, On Liberty
(English economist & philosopher. 1806 - 1873)
Post Reply