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

Post by Wileyone »

I'll admit I've had an adult beverage while carrying my gun. Notice I said beverage, not beverages... I believe open carry while drinking just invites some ninny to call to the authorities and report you as intoxicated whether you are or not, which just creates a hassle for everybody.
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Re: Open carry, beer in hand, no shooting?

Post by Chuck »

carmen fovozzo wrote:Chucky baby...It's not normal to carry a beer while whacking your weeds....that is what I want to know... :)
Let's say that you have borrowed my weed whacker and you are bringing it back
I come out to greet you in my driveway and hand you a beer just as you are getting the weed whacker out of your truck

You make normal behavior sound abnormal, somehow,,,,
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Re: Open carry, beer in hand, no shooting?

Post by Chuck »

Hell, Carmen, far as that goes, you oughtta love this:

I have a "coolie", you know, those styrofoam things to keep your drink cold, well I have several of those that hang around your neck for canoeing. They leave your hands free for paddling.
They're also great for holding a beer while mowing the three acres I mow.
That'd be what? Open carrying while carrying an open beer?

Never been an issue, and the deputy sheriff goes by several times a day, we smile and wave.
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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."
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Re: Open carry, beer in hand, no shooting?

Post by carmen fovozzo »

Confucius say : No whack your weed with beer in hand.....it's not possible.. :wink: not normal...
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Re: Open carry, beer in hand, no shooting?

Post by pirateguy191 »

carmen fovozzo wrote:Confucius say : No whack your weed with beer in hand.....it's not possible.. :wink: not normal...
You mean Confused say:?
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Re: Open carry, beer in hand, no shooting?

Post by tbrew85 »

About 20 years ago i was pullled over by OSP shortly after they watched me leave a local bar. He asked if i had been drinking. I said yes, ive had 4 beers in 4 hours, which was the truth. After the field sobriety test, I was arrested, cuffed, and taken to the Hamilton post for a breathalyser. We chatted on the way to the post. There were two of them in the cruiser. The conversation was pleasant and cooperative all the way around. During the conversation, I asked "so, when i blow under the legal limit, are you going to bring me back to my car, or do i need to call for a ride? They said "no, you will still be charged even if under the limit. Youve admitted to drinking and we feel you are impaired, the result is just a gage for the judge to go by."

After i blew a zero, they took me back to my car and wrote a bs ticket for improperly displayed license plate.

I dont believe i did anything in the field sobriety test to "fail". I think that based on my admission, and where they watched me leave from, they thought they had an easy dui.

Now, with regard to having a firearm, and consuming alcohol, its not likely you would have a "zero" breathalyser result to exonerate you, and you would be at the mercy of the officers discretion, which, could easily get you charged, regardless of your actual level of "intoxication".

Btw… lesson learned… .dont talk to the cops beyond what is absolutely necessary , and dont take a field sobriety test.
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Re: Open carry, beer in hand, no shooting?

Post by TJW815 »

carmen fovozzo wrote:Confucius say : No whack your weed with beer in hand.....it's not possible.. :wink: not normal...
Confucius thinks; Might get weeds in beer. Make beer no taste good no more. Not wise to waste good beer. :wink:
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Re: Open carry, beer in hand, no shooting?

Post by phillip »

carmen fovozzo wrote:OP...can you tell me why you would have a beer in you're hand in that situation in the first place ?
Thank you Chuck for explaining possible scenarios.

Carmen, I was simply trying to get clear the law in some scenarios. OK, I guess I have never had a beer in one hand WHILE weedeating.... but let's just play the game please? The question was about the scenarios of doing something at home with a beer in hand and EDC holster on as normal....

If it pleases you better, I CAN tell you have had a beer in one hand while LEAF BLOWING in the other. Does that satisfy you now?
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Re: Open carry, beer in hand, no shooting?

Post by carmen fovozzo »

phillip wrote:
carmen fovozzo wrote:OP...can you tell me why you would have a beer in you're hand in that situation in the first place ?
:P :P :P

Thank you Chuck for explaining possible scenarios.

Carmen, I was simply trying to get clear the law in some scenarios. OK, I guess I have never had a beer in one hand WHILE weedeating.... but let's just play the game please? The question was about the scenarios of doing something at home with a beer in hand and EDC holster on as normal....

If it pleases you better, I CAN tell you have had a beer in one hand while LEAF BLOWING in the other. Does that satisfy you now?
Does this help ?
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Re: Open carry, beer in hand, no shooting?

Post by pleasantguywhopacks »

tbrew85 wrote:About 20 years ago i was pullled over <snip>
Btw… lesson learned… .dont talk to the cops beyond what is absolutely necessary , and dont take a field sobriety test.

Admit nothing, just don't lie.

Since getting my last ticket for seatbelt I have a new mantra when pulled over.

Officer, I understand that I have been pulled over for some perceived traffic enforcement reason, I don't have anything to say but please go ahead and act accordingly with your duty.
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Re: Open carry, beer in hand, no shooting?

Post by Klingon00 »

pleasantguywhopacks wrote:
tbrew85 wrote:About 20 years ago i was pullled over <snip>
Btw… lesson learned… .dont talk to the cops beyond what is absolutely necessary , and dont take a field sobriety test.

Admit nothing, just don't lie.

Since getting my last ticket for seatbelt I have a new mantra when pulled over.

Officer, I understand that I have been pulled over for some perceived traffic enforcement reason, I don't have anything to say but please go ahead and act accordingly with your duty.
It probably goes without saying, but just so new folks don't get the wrong idea, if you are carrying, the first words out of your mouth should be to notify. :wink:
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Re: Open carry, beer in hand, no shooting?

Post by steves 50de »

OK a differant angle on the question you are in your home and you polished off a half a bottle of your favorite wine and are considered over the legal limit. All of a sudden your front door is kicked in and you are forced to defend your self. :?:
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Re: Open carry, beer in hand, no shooting?

Post by pirateguy191 »

steves 50de wrote:OK a differant angle on the question you are in your home and you polished off a half a bottle of your favorite wine and are considered over the legal limit. All of a sudden your front door is kicked in and you are forced to defend your self. :?:
Boom, boom and out go the lights. I don't care what the circumstances are, I will defend myself and my family.
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Re: Open carry, beer in hand, no shooting?

Post by BobK »

steves 50de wrote:OK a differant angle on the question you are in your home and you polished off a half a bottle of your favorite wine and are considered over the legal limit. All of a sudden your front door is kicked in and you are forced to defend your self. :?:
Falls under the legal doctrine of "NECESSITY", basically the same principle that justifies shooting someone at all.

After all, it is illegal to shoot someone. However, the risk to your life makes shooting them a necessity.

Similarly, it is illegal to be drunk and have a firearm. However, the risk to your life makes having the firearm while drunk a necessity.

Personally, I like they way they define necessity in Texas law to well illustrate the principle, but the same basic principle applies in common law.
Texas PC §9.22. NECESSITY. Conduct is justified if:
(1) the actor reasonably believes the conduct is immediately necessary to avoid imminent harm;
(2) the desirability and urgency of avoiding the harm clearly outweigh, according to ordinary standards of reasonableness, the harm sought to be prevented by the law proscribing the conduct; and
(3) a legislative purpose to exclude the justification claimed for the conduct does not otherwise plainly appear.
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Re: Open carry, beer in hand, no shooting?

Post by Werz »

BobK wrote:
steves 50de wrote:OK a differant angle on the question you are in your home and you polished off a half a bottle of your favorite wine and are considered over the legal limit. All of a sudden your front door is kicked in and you are forced to defend your self. :?:
Falls under the legal doctrine of "NECESSITY", basically the same principle that justifies shooting someone at all.
But see State v. Beyer, 2012-Ohio-4578 (5th Dist.). There's not a lot of case law on the issue, but what exists seems to recognize the difference between the deployment of a firearm to meet a clear and present danger, and the act of carrying around a firearm while intoxicated because you might be subject to a mortal threat.

Also note the following:
  • Self-defense requires a "reasonable belief" of imminent death or serious bodily harm. In self-defense situations which are not "clear cut," intoxication may substantially affect the reasonableness of one's belief.
  • The former defense of "voluntary intoxication" which had developed under Ohio case law disappeared on October 27, 2000, after the Ohio General Assembly enacted the current R.C. 2901.21(C). See State v. Koballa, 2014-Ohio-3592, at ¶21-25 (8th Dist.).
Yeah, yeah ... I know ... I ruin all the fun. But I have little regard for drunks with guns, particularly when they screw things up for the rest of us.
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