Conveyance affirmative defense and concealed weapons license

Discussion of Firearm Politics & Legislation. This forum is now strictly limited to discussions directly related to firearms.

Moderators: Chuck, Mustang380gal, Coordinators, Moderators

Post Reply
Carterjamie
Posts: 1
Joined: Sun Aug 16, 2015 8:20 pm

Conveyance affirmative defense and concealed weapons license

Post by Carterjamie »

I have a situation I need help with. I was in corrections training at the orient facility. I know the conceal carry law says not allowed to carry into institutions or facilities. I was storing my loaded firearms in my car locked in my trunk. Affirmative defense for conveyance covers unlicensed normal storage of unloaded weapons. I am licensed and common sense says that if normal unlicensed individuals can transport their weapons lawfully in the vehicle on the property then conceal carry law follows too. Well pickaway county has sent me a summons on the matter and I need help fighting them as in black and white text no law was broken. Please help in any way possible.. I have no attorney and not much money to work with. My email is {Posting emails not allowed, please PM the user with your contact info if you are willing to help, he can receive, just not reply to PMs}. Any help would be appreciated.
User avatar
cashman966
OFCC Patron Member
OFCC Patron Member
Posts: 3436
Joined: Wed May 10, 2006 9:52 pm
Location: Delaware, Ohio

Re: Conveyance affirmative defense and concealed weapons lic

Post by cashman966 »

Actually it appears the law was broken. I am assuming you are being charged under 2921.36(A)(1) An affirmative defense is not an exemption to a law, asserting an affirmative defense requires that you admit to breaking the law, but....

It is up to you to prove to the Judge or Jury, by a preponderance of the evidence, that you met all the elements listed in 2921.36(F)(1) for your defense to be successful. If you don't, you will be found guilty as you already have admitted to the elements of the crime itself by asserting the affirmative defense.
2921.36(F)(1) It is an affirmative defense to a charge under division (A)(1) of this section that the weapon or dangerous ordnance in question was being transported in a motor vehicle for any lawful purpose, that it was not on the actor's person, and, if the weapon or dangerous ordnance in question was a firearm, that it was unloaded and was being carried in a closed package, box, or case or in a compartment that can be reached only by leaving the vehicle.
Since you say the firearm was loaded you don't seem to meet the elements. Common sense has nothing to do with it.

If you are an employee of the department of rehabilitation and correction you are not only facing a third degree felony but mandatory prison term. I hope you are able to retain an attorney because I think you will need more help than can be offered here. And you would be well advised not to discuss any more details than you have already posted on an open forum.
Ignorant or Stupid, I'm not sure which is worse. If someone were stupid, at least they'd have an excuse for all the dumb things they say.

Pass the Peace Pipe I need another hit

IANAL and neither are most people on this board, its just shows more with some than others.
Tweed Ring
Posts: 17812
Joined: Tue Jun 05, 2007 9:15 am

Re: Conveyance affirmative defense and concealed weapons lic

Post by Tweed Ring »

The entire Orient, Ohio complex is owned by the Ohio DR&C, a state agency. The entire complex is posted. Get a lawyer; common sense has no application herein. Once one pulls off the public road, and enters their driveway, it’s all posted. If memory serves, there is a large sign, notifying all of their rules, as one enters their main entrance road.

ETA: DR&C employees, acting in an official capacity, may be authorized to carry firearms in the performance of their assigned duties. New e/e’s, attending the academy for new employee training, are not so authorized.

Get. A. Lawyer.
CroManGun
OFCC Patron Member
OFCC Patron Member
Posts: 1613
Joined: Mon Sep 19, 2011 3:29 am
Location: Paarmaa!

Re: Conveyance affirmative defense and concealed weapons lic

Post by CroManGun »

Carterjamie wrote:I have a situation I need help with. I was in corrections training at the orient facility. I know the conceal carry law says not allowed to carry into institutions or facilities. I was storing my loaded firearms in my car locked in my trunk. Affirmative defense for conveyance covers unlicensed normal storage of unloaded weapons. I am licensed and common sense says that if normal unlicensed individuals can transport their weapons lawfully in the vehicle on the property then conceal carry law follows too. Well pickaway county has sent me a summons on the matter and I need help fighting them as in black and white text no law was broken. Please help in any way possible.. I have no attorney and not much money to work with. My email is {Posting emails not allowed, please PM the user with your contact info if you are willing to help, he can receive, just not reply to PMs}. Any help would be appreciated.
On the way home from shopping today, I went past a church. The sign out front read, "Common sense is a flower not found in everyone's garden."
Genuine Scooter Trash
Member: NRA/OFCC/AAA/GER/AFG
Former Member: Amish Chippendales
I Am Not A Lawyer, But I Have Played One In Real Life
User avatar
BobK
Posts: 15602
Joined: Sun Jan 14, 2007 10:26 pm
Location: Houston TX (formerly Franklin County)

Re: Conveyance affirmative defense and concealed weapons lic

Post by BobK »

Lawyer
Plea Bargain
I am a: NRA Life Member, Texas State Rifle Association Life Member, Texas Firearms Coalition Gold member, OFCC Patron Member, former JFPO member (pre-SAF).

This froggie ain't boiling! Shall not be infringed! Μολών Λαβέ
More Obamination. Idiots. Can't we find an electable (R) for 2016?
User avatar
cashman966
OFCC Patron Member
OFCC Patron Member
Posts: 3436
Joined: Wed May 10, 2006 9:52 pm
Location: Delaware, Ohio

Re: Conveyance affirmative defense and concealed weapons lic

Post by cashman966 »

I should have added, if you are not able to afford an attorney call the Athens County branch of the Office of the Ohio Public Defender TODAY. They handle Pickaway County as well. The number can be found at this link. http://www.opd.ohio.gov/countypd/county ... op_of_Page" onclick="window.open(this.href);return false;

You need to talk with them before you say anything else to Pickaway County authorities. If you are arrested, refuse to answer any questions until you have spoken with an attorney. Good Luck.
Ignorant or Stupid, I'm not sure which is worse. If someone were stupid, at least they'd have an excuse for all the dumb things they say.

Pass the Peace Pipe I need another hit

IANAL and neither are most people on this board, its just shows more with some than others.
WhyNot
OFCC Member
OFCC Member
Posts: 1221
Joined: Tue Dec 18, 2012 8:23 am
Location: NW Ohio

Re: Conveyance affirmative defense and concealed weapons lic

Post by WhyNot »

Did they search your vehicle or otherwise SEE any item(s) in question? or did you just blab something verbally, or written ? TELL YOUR ATTORNEY if in fact, they never SAW (or confiscated) anything.....don't post the answer here and I don't want a private message....

Others are 100000% correct in three (3) suggestions

ATTORNEY
ATTORNEY
ATTORNEY

added: just saw previous members post ''in case'' you're an employee, try (via attorney) to funnel everything through disciplinary process. Again and it cannot be overemphasized, filter everything you say/do through an ATTORNEY.
Acquisitions thus far:

-Slingshot
-Butter knife
-Soda straw and peas
-Sharpened pencil
-Newspaper roll
--water balloon (*diversionary*)

Yeah, I'm that good
User avatar
sodbuster95
OFCC Patron Member
OFCC Patron Member
Posts: 6954
Joined: Mon Dec 01, 2008 5:14 pm
Location: Maumee
Contact:

Re: Conveyance affirmative defense and concealed weapons lic

Post by sodbuster95 »

I don't have anything to add except to concur with the advice you've already received to get an attorney.

If you cannot locate an attorney, contact the Pickaway County Bar Association or the Ohio State Bar Association and ask for a referral. Yes, attorneys can be expensive but ask your if you can work out a payment arrangement. Many will accommodate such needs.
NRA Benefactor Life Member

Information posted in these forums is my personal opinion only. It is not intended, nor should it be construed, as legal advice.
Tweed Ring
Posts: 17812
Joined: Tue Jun 05, 2007 9:15 am

Re: Conveyance affirmative defense and concealed weapons lic

Post by Tweed Ring »

To my thinking, having worked for DR&C , they tend to be militant about weapons on their property.
techguy85
Posts: 1332
Joined: Mon Jul 16, 2012 8:55 am
Location: Columbus

Re: Conveyance affirmative defense and concealed weapons lic

Post by techguy85 »

Also, small issue in the big picture of what you are dealing with but it is a CHL = Concealed Handgun License not weapons license...
Post Reply