Open carry, beer in hand, no shooting?

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.

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Zen
Posts: 1253
Joined: Sat Apr 01, 2006 12:44 pm
Location: Sidney

Re: Open carry, beer in hand, no shooting?

Post by Zen »

Werz wrote: So what does "under the influence" mean? Here is how a jury will be instructed:
"UNDER THE INFLUENCE. 'Under the influence' means that the defendant (consumed) (used) some (alcohol) (drug of abuse) in such quantity that it adversely affected his/her actions or mental processes to deprive him/her of that (clearness of intellect) (control of himself/herself) which he/she would otherwise have possessed." OJI CR 523.15(2).
Now, some folks may whine and moan that the definition above is not very specific. Too bad. It's called assumption of risk. When you voluntarily consume alcohol, you assume the risk of becoming "intoxicated" or "under the the influence." This concept should not be foreign to gun folks. If you carry or use a firearm, you assume certain risks related to your control of that firearm, the primary of which is the responsibility to comply with Jeff Cooper's Four Rules. When you engage in certain acts, you assume certain responsibilities. When you make a voluntary choice to consume alcohol and carry or use a firearm, you assume the risks inherent with both actions. No whining, no excuses.
No, I will not "whine and moan". My lawyer at the proper point will relate that the only definitive measurable value in Ohio law is the 0.08 used for driving. Lacking anything else to go on the jury will use that every time.

And no, I will not fail to defend myself or my family because I've had a beer or two at my home. Could someone point out the part of the 2nd amendment where it says "shall not be infringed unless you've had a beer"?
Never submit, comply or follow the commands of an attacker...

OFCC & NRA Member
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