What rights do we really have

Use this forum to post your experience with encounters with law enforcement, criminals, or other encounters as a result of your firearm or potential to be carrying one.

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Monique
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What rights do we really have

Post by Monique »

I am a licensed gun owner who got pulled over by law enforcement for suspected OVI. When they searched my vehicle, I was informed that my gun was in there. They found my gun loaded(1 round) in a holster, in a case and under the passenger seat. As I told the officer I didn't think my gun was in the vehicle. Anyway , now I am facing a 4th degree felony charge with no other record other than a few speeding tickets 10-15 years ago. with that being said, why is this a felony charge when I've seen people that face child endangerment get a misdemeanor charge. I am soo {inappropriate language} off about these damn laws.
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Re: What rights do we really have

Post by WY_Not »

Get a good lawyer and don't talk about the incident with anyone else again till it is resolved.
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Re: What rights do we really have

Post by Face »

WY_Not wrote:Get a good lawyer and don't talk about the incident with anyone else again till it is resolved.

Hopefully she takes your advice - but curious as to Whats a " licensed gun owner" in Ohio?
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Re: What rights do we really have

Post by JustaShooter »

Face wrote:curious as to Whats a " licensed gun owner" in Ohio?
I'm guessing the OP meant someone with a concealed handgun license.
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Re: What rights do we really have

Post by JustaShooter »

To the OP:

As already recommended, say nothing else in these forums or anywhere else. Get a good lawyer, preferably a pro-2A lawyer well versed in Ohio gun law.

And for reference, from ORC 2923.16:
(D) No person shall knowingly transport or have a loaded handgun in a motor vehicle if, at the time of that transportation or possession, any of the following applies:

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

(2) The person's whole blood, blood serum or plasma, breath, or urine contains a concentration of alcohol, a listed controlled substance, or a listed metabolite of a controlled substance prohibited for persons operating a vehicle, as specified in division (A) of section 4511.19 of the Revised Code, regardless of whether the person at the time of the transportation or possession as described in this division is the operator of or a passenger in the motor vehicle.
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Re: What rights do we really have

Post by carmen fovozzo »

Monique.....sorry for your situation.....hope it works out for you
BUT.....you must of been pie eyed drunk not to relize you had your gun in the car...suck it up...your fault...
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Re: What rights do we really have

Post by SeanC »

Monique wrote:I am a licensed gun owner who got pulled over by law enforcement for suspected OVI. When they searched my vehicle, I was informed that my gun was in there. They found my gun loaded(1 round) in a holster, in a case and under the passenger seat. As I told the officer I didn't think my gun was in the vehicle. Anyway , now I am facing a 4th degree felony charge with no other record other than a few speeding tickets 10-15 years ago. with that being said, why is this a felony charge when I've seen people that face child endangerment get a misdemeanor charge. I am soo {inappropriate language} off about these damn laws.
Another example of why it's not generally in someone's interest to consent to searches. Unless you're really certain you know what's in your car, "no" is usually a good response.
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Re: What rights do we really have

Post by pirateguy191 »

Monique wrote:I am a licensed gun owner who got pulled over by law enforcement for suspected OVI. When they searched my vehicle, I was informed that my gun was in there. They found my gun loaded(1 round) in a holster, in a case and under the passenger seat. As I told the officer I didn't think my gun was in the vehicle. Anyway , now I am facing a 4th degree felony charge with no other record other than a few speeding tickets 10-15 years ago. with that being said, why is this a felony charge when I've seen people that face child endangerment get a misdemeanor charge. I am soo {inappropriate language} off about these damn laws.
Suspected OVI or you were charged with OVI? Loaded handgun and OVI is bad news.
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Re: What rights do we really have

Post by Javelin Man »

Or an empty gun suddenly with one round in it and one missing out of the officer's magazine who did the search....

I'm sure your lawyer will have the round examined and question what kind the local police use to look for similarities.
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Re: What rights do we really have

Post by sd790 »

What is a "licensed gun owner"? In Ohio, there is no licensing of gun owners but there are Concealed Handgun Licensees.

Good luck to you. PM me if you still need the name of a good attorney who is well-versed in firearms law.
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Re: What rights do we really have

Post by ArmyAndNavyVet »

I second/third/fourth what the other folks said. STOP talking about this in a public forum immediately. That includes Facebook, etc. Speak ONLY to your attorney, who hopefully is very familiar and experienced with gun law as well as OVI. I personally am concerned at how a person would not know he had a gun in his car, especially under the seat. That's a bad, bad place to leave a gun when you're not in the car. Good luck with your situation.
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Re: What rights do we really have

Post by OldManTod »

I will throw my support to having a firearm in the car and forgetting it is there. With the number of firearms that one may or may not have and the amount of shooting, I have been guilty of "oh hey, I do have a firearm in the car". Maybe I need to change my behavior, but its happened to me.
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Re: What rights do we really have

Post by XDSC9G30 »

carmen fovozzo wrote:Monique.....sorry for your situation.....hope it works out for you
BUT.....you must of been pie eyed drunk not to relize you had your gun in the car...suck it up...your fault...
Did hell freeze over? I never agree with Carmen.

This time I do. A responsible gun owner/carrier knows exactly where that firearm is.
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Re: What rights do we really have

Post by CroManGun »

The OP sounds like the kind of person that could forget about an infant in a car seat on a hot day!
This episode has FAIL written all over it! Suspected OVI.....allowed vehicle search.....FORGOTTEN gun under seat.....Gun loaded with ONE round.
Upset about the laws? Ought to be upset about the lack of common sense! Wonder how guns are secured at home? Lotsa DUH! here!
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Re: What rights do we really have

Post by JediSkipdogg »

Keep in mind they never said they consented to a search. A vehicle inventory search incident to arrest for an OVI is standard practice throughout Ohio and totally legal. Unfortunately, we've found many guns in that same method. I'm stuck if I agree or disagree with the law on that part, but it is the law to not drive under the influence and have a loaded handgun in the vehicle.

As for the knowingly...Per 2901.22 of the ORC...

A person acts knowingly, regardless of purpose, when the person is aware that the person's conduct will probably cause a certain result or will probably be of a certain nature. A person has knowledge of circumstances when the person is aware that such circumstances probably exist. When knowledge of the existence of a particular fact is an element of an offense, such knowledge is established if a person subjectively believes that there is a high probability of its existence and fails to make inquiry or acts with a conscious purpose to avoid learning the fact.

It doesn't really say you have to know, you just have to be aware that such circumstances probably exist. Ready to leave that up to a jury to decide? They then get to decide if you always kept a gun in the vehicle or not. Very risky and generally since most juries are hard on OVIs, they are even harder on OVIs with firearms in the vehicle.
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