What rights do we really have

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Re: What rights do we really have

Postby WY_Not » Tue Apr 19, 2016 7:06 am

Suspected OVI. OP was only arrested. They are still supposed to be considered innocent until they get their day in court to determine guilty or not guilty.

JediSkipdogg wrote:...since most juries are hard on OVIs, they are even harder on OVIs with firearms in the vehicle.
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Re: What rights do we really have

Postby WestonDon » Tue Apr 19, 2016 5:01 pm

OldManTod wrote: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.


TSA frequently finds firearms & ammunition in carry on luggage. And this is where one expects to be searched. I'd say losing track of firearms/ammunition is not all that uncommon.
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Re: What rights do we really have

Postby OhioPaints » Tue Apr 19, 2016 11:22 pm

I had to physically pull my wife away from putting her purse down on the table for the deputies to search going into a courthouse. I couldn't really explain to her since we were already inside the building. Her pistol had been in there long enough that she didn't even think about it. Besides, she was distracted about the whole situation (her grandson was being charged.)

I do not believe she has carried since that day.
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Re: What rights do we really have

Postby cashman966 » Wed Apr 20, 2016 12:14 am

I guess I am a little confused. If this is charged as a CCW offense under 2912.12 it should be no more than a 1st degree misdemeanor. A charge under division A(2) is at most a minor misdemeanor for a CHL holder and then only if they don't have their license on them. A charge under B(1), failure to inform, is a 1st degree misdemeanor unless the officer had knowledge that she was a licensee before approaching the car which would drop it to a minor misdemeanor.

(A) No person shall knowingly carry or have, concealed on the person's person or concealed ready at hand, any of the following:

(2) A handgun other than a dangerous ordnance;

(C)(2) Division (A)(2) of this section does not apply to any person who, at the time of the alleged carrying or possession of a handgun, is carrying a valid concealed handgun license, unless the person knowingly is in a place described in division (B) of section 2923.126 of the Revised Code.

(F)(2) If a person being arrested for a violation of division (A)(2) of this section promptly produces a valid concealed handgun license, and if at the time of the violation the person was not knowingly in a place described in division (B) of section 2923.126 of the Revised Code, the officer shall not arrest the person for a violation of that division. If the person is not able to promptly produce any concealed handgun license and if the person is not in a place described in that section, the officer may arrest the person for a violation of that division, and the offender shall be punished as follows:

(a) The offender shall be guilty of a minor misdemeanor if both of the following apply:

(i) Within ten days after the arrest, the offender presents a concealed handgun license, which license was valid at the time of the arrest to the law enforcement agency that employs the arresting officer.

(ii) At the time of the arrest, the offender was not knowingly in a place described in division (B) of section 2923.126 of the Revised Code
.


(B) No person who has been issued a concealed handgun license shall do any of the following:

(1) If the person is stopped for a law enforcement purpose and is carrying a concealed handgun, fail to promptly inform any law enforcement officer who approaches the person after the person has been stopped that the person has been issued a concealed handgun license and that the person then is carrying a concealed handgun;

(F)(3) Except as otherwise provided in this division, carrying concealed weapons in violation of division (B)(1) of this section is a misdemeanor of the first degree, and, in addition to any other penalty or sanction imposed for a violation of division (B)(1) of this section, the offender's concealed handgun license shall be suspended pursuant to division (A)(2) of section 2923.128 of the Revised Code. If, at the time of the stop of the offender for a law enforcement purpose that was the basis of the violation, any law enforcement officer involved with the stop had actual knowledge that the offender has been issued a concealed handgun license, carrying concealed weapons in violation of division (B)(1) of this section is a minor misdemeanor, and the offender's concealed handgun license shall not be suspended pursuant to division (A)(2) of section 2923.128 of the Revised Code.


If she was charged under 2923.16, improper handling for under the influence, the most I see is a possible 5th degree felony under D(1) since the gun was not on the "person's person" and a failure to inform would carry the same 1st degree/minor misdemeanor charge under 2923.12

(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.

(I) Whoever violates this section is guilty of improperly handling firearms in a motor vehicle. Violation of division (A) of this section is a felony of the fourth degree. Violation of division (C) of this section is a misdemeanor of the fourth degree. A violation of division (D) of this section is a felony of the fifth degree or, if the loaded handgun is concealed on the person's person, a felony of the fourth degree.


Am I missing something?
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Re: What rights do we really have

Postby Werz » Wed Apr 20, 2016 12:59 am

Some thoughts ...

  • The OP may not have a concealed handgun license. Some people think they are "licensed" because they filled out a Form 4473 and got a gun.
  • Perhaps the OP was not only stopped for OVI but was also arrested for OVI. Then there may not be a need to consent to a search; it might be a search incident to arrest, or it might be an inventory search.
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Re: What rights do we really have

Postby pirateguy191 » Wed Apr 20, 2016 4:05 am

^^^ Zachary.
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Re: What rights do we really have

Postby Gaspode » Fri Apr 22, 2016 5:19 pm

pirateguy191 wrote:^^^ Zachary.


What?
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Re: What rights do we really have

Postby Brian D. » Fri Apr 22, 2016 6:04 pm

"Exactly".
Quit worrying, hide your gun well, shut up, and CARRY that handgun!

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Re: What rights do we really have

Postby Stryker74 » Mon Apr 25, 2016 9:28 am

Gaspode wrote:
pirateguy191 wrote:^^^ Zachary.


What?


I see what you did there. ^
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