I need a quick answer please CCW and drinking

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gaptrick
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Re: I need a quick answer please CCW and drinking

Post by gaptrick »

Better get your winnings before she ends up in the can...
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Re: I need a quick answer please CCW and drinking

Post by OHIOSTEVE »

she started back pedaling and said that NOW I was right because she found out it changed 2 years ago....I told her it has never been legal in Ohio and she was wrong and thats where we left it.... no wager made.
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Re: I need a quick answer please CCW and drinking

Post by Chuck »

You made her check her facts and learn for herself
Good job

That lesson will go much further than this particular topic,,,,
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Re: I need a quick answer please CCW and drinking

Post by tbrew85 »

When I'm told "That's what our instructor taught us", I often wonder if the person really had an inept instructor, or if the student was not a good listener.
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Re: I need a quick answer please CCW and drinking

Post by Tweed Ring »

Some defensive baton instructors video their classes, after some of us were sued by a few students. Typically, the camera was stationary for the classroom lecture, and used a camera operator for the gymnasium portion of the training. Expensive, but offered a bit of protection for the instructor.
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Re: I need a quick answer please CCW and drinking

Post by mrbone »

The stupid thing is the rule only applies at a class D establishment. You can't drink a beer in a class D establishment while carrying. But you can drink a beer while carrying standing just outside a class D establishment and then walk into the establishment with the alcohol in your system. But alcohol and firearms are a bad combination. It's best you don't drink even one beer even if it's legal.
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Re: I need a quick answer please CCW and drinking

Post by Werz »

mrbone wrote:The stupid thing is the rule only applies at a class D establishment. You can't drink a beer in a class D establishment while carrying. But you can drink a beer while carrying standing just outside a class D establishment and then walk into the establishment with the alcohol in your system.
Maybe you can drink "a beer" and go inside. But you cannot drink enough to be legally impaired and carry a firearm inside; that is just as unlawful as drinking inside while armed.
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Re: I need a quick answer please CCW and drinking

Post by Bama.45 »

Werz wrote:
mrbone wrote:The stupid thing is the rule only applies at a class D establishment. You can't drink a beer in a class D establishment while carrying. But you can drink a beer while carrying standing just outside a class D establishment and then walk into the establishment with the alcohol in your system.
Maybe you can drink "a beer" and go inside. But you cannot drink enough to be legally impaired and carry a firearm inside; that is just as unlawful as drinking inside while armed.

I agree Werz, but I see his point too..If you drink only onebeer, what difference should it make which side of the door it's on?..Kinda one of those gotcha laws..Drink one beer outside, you're fine..Drink one beer inside and you're a felon..When one beer one way or the other doesn't make much of a difference in most people's system.
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Re: I need a quick answer please CCW and drinking

Post by WeinerDog »

Bama.45 wrote:
Werz wrote:
mrbone wrote:The stupid thing is the rule only applies at a class D establishment. You can't drink a beer in a class D establishment while carrying. But you can drink a beer while carrying standing just outside a class D establishment and then walk into the establishment with the alcohol in your system.
Maybe you can drink "a beer" and go inside. But you cannot drink enough to be legally impaired and carry a firearm inside; that is just as unlawful as drinking inside while armed.

I agree Werz, but I see his point too..If you drink only onebeer, what difference should it make which side of the door it's on?..Kinda one of those gotcha laws..Drink one beer outside, you're fine..Drink one beer inside and you're a felon..When one beer one way or the other doesn't make much of a difference in most people's system.
I'm not sure. Under the influence does not seem to allow for alcohol in your system and walking into a bar. I defer to Werz's experience that you would have to show impairment but that leaves decisions in the hands of LEOs which I am not willing to concede to.
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Re: I need a quick answer please CCW and drinking

Post by mrbone »

WeinerDog wrote:I'm not sure. Under the influence does not seem to allow for alcohol in your system and walking into a bar. I defer to Werz's experience that you would have to show impairment but that leaves decisions in the hands of LEOs which I am not willing to concede to.
ORC has this under the driving laws:
4511.19 Operating vehicle under the influence of alcohol or drugs - OVI wrote: (A)

(1) No person shall operate any vehicle, streetcar, or trackless trolley within this state, if, at the time of the operation, any of the following apply:

(a) The person is under the influence of alcohol, a drug of abuse, or a combination of them.

(b) The person has a concentration of eight-hundredths of one per cent or more but less than seventeen-hundredths of one per cent by weight per unit volume of alcohol in the person's whole blood.

(c) The person has a concentration of ninety-six-thousandths of one per cent or more but less than two hundred four-thousandths of one per cent by weight per unit volume of alcohol in the person's blood serum or plasma.
...
And it goes on and on about different ways of measuring alcohol. Point is that if "any alcohol in your blood" was "under the influence" then they would have stopped at (a) and not written additional limits (b), (c), etc. My non-lawyer take on this is that "under the influence" means that the alcohol is clearly influencing your behavior. Thus if you blow below the legal limit but the cop can observe impaired function the you could get a DUI. In other words, "under the influence" means the booze is influencing your faculties. Thus drinking a little booze but not enough to affect your faculties would not be under its influence.

Nonetheless, I think it is very dangerous and irresponsible to try and guess what your limits are while armed. If you drink a beer, unload your weapon and lock it up in the car in advance.
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Re: I need a quick answer please CCW and drinking

Post by gfrlaser »

And if marijauna is legalized.... all kinds of new regs.
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Re: I need a quick answer please CCW and drinking

Post by Tweed Ring »

I fear Issue 3 will pass in Ohio. This will create lots of “under the influence” issues. I choose not to drink alcohol, nor do I partake in recreational drugs, but this could manifest lots of questions.
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Re: I need a quick answer please CCW and drinking

Post by schmieg »

Tweed Ring wrote:I fear Issue 3 will pass in Ohio. This will create lots of “under the influence” issues. I choose not to drink alcohol, nor do I partake in recreational drugs, but this could manifest lots of questions.
The problem with something like marijuana is that if you are in a room where someone is smoking it, your blood results may indicate usage for several weeks. The secondary smoke issue is more problematic than with tobacco.
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Re: I need a quick answer please CCW and drinking

Post by Tweed Ring »

My local Chamber of Commerce is concerned with the possibility of addled workers. I have no idea what impact this will have on Ohio concealed carriers.
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Re: I need a quick answer please CCW and drinking

Post by schmieg »

Tweed Ring wrote:My local Chamber of Commerce is concerned with the possibility of addled workers. I have no idea what impact this will have on Ohio concealed carriers.
Quite often, I feel that the addled worker issue is already a problem when I attempt to purchase something at certain retail outlets. I think certain employers attempt to hire the handicapped by looking for those who are mentally defective.
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