CCW Question

[Infantry11]

I am looking for guidance on a recent situation I was involved in. I was at a bar and I was drinking and the Cops were called because of a certain situation that took place that night and they escorted me to my car after I told them that I had a weapon in my trunk. the weapon was unloaded, magazine was separate from the weapon itself. My question is if I would have gotten pulled over on the way back home and the Police found that I had my weapon in my trunk and I had a few beers could I be criminally charged for having the weapon with me even though it was in my trunk locked and I would have top exit my vehicle in order to get to it? Please any information anyone can provide will be greatly appreciated! I have read the ORC codes and cannot seem to find anything that shows me being in the "wrong". Thanks again

 

[bulletsnbrains]

In WI. If it's encased in a trunk, you're ok.

 

[gunschj]

If there are bullets in the magazine then, in Ohio, the gun is loaded no matter how far the magazine is from the gun. Your situation puts you in possession of a gun while intoxicated. For the best advice contact an attorney. The legal advice you get on the net can get you in a lot of trouble.

 

[wolf_fire]

^^^^ what gunschj says!!

 

[kelcarry]

Read the Ohio codes carefully and, if in doubt, go over them with law enforcement or an attorney. Do not accept forum comments as gospel. Gunschj, who is also from Ohio, seems to "lay out the playing field" for you, even if the comments/interpretation of Ohio law seem rather draconian, since the firearm and the mag and the cartridges are not specifically on your person (even though anything in your car, as the driver, is your responsibilty).

 

[NavyLCDR]

Read the Ohio codes carefully and, if in doubt, go over them with law enforcement or an attorney.

Law enforcement officers are no more qualified to interpret the law than the people right here on this forum are.

 

[NavyLCDR]

I am looking for guidance on a recent situation I was involved in. I was at a bar and I was drinking and the Cops were called because of a certain situation that took place that night and they escorted me to my car after I told them that I had a weapon in my trunk. the weapon was unloaded, magazine was separate from the weapon itself. My question is if I would have gotten pulled over on the way back home and the Police found that I had my weapon in my trunk and I had a few beers could I be criminally charged for having the weapon with me even though it was in my trunk locked and I would have top exit my vehicle in order to get to it? Please any information anyone can provide will be greatly appreciated! I have read the ORC codes and cannot seem to find anything that shows me being in the "wrong". Thanks again

Depends entirely upon if there were rounds loaded in the magazine and whether or not you have a ccw permit. In Ohio, nobody could give you an accurate answer to your question unless those elements are known.

 

[Firefighterchen]

I'm curious why you told them about a firearm in the car? Did you tell them about any firearms in your home?

As for the legality, there are all ready some good posts above.

 

[rt48]

First of all, here is the actual law a couple people mentioned above.

(5) “Unloaded” means any of the following:

(a) No ammunition is in the firearm in question, and no ammunition is loaded into a magazine or speed loader that may be used with the firearm in question and that is located anywhere within the vehicle in question, without regard to where ammunition otherwise is located within the vehicle in question. For the purposes of division (K)(5)(a) of this section, ammunition held in stripper-clips or in en-bloc clips is not considered ammunition that is loaded into a magazine or speed loader.

Lawriter - ORC - 2923.16 Improperly handling firearms in a motor vehicle.

Then, depending on how may beers you had, this might also come into play.

(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.

So if you had rounds in the magazine and a concealed handgun license, you could have still have gotten arrested if the officer decided you were "Under the influence". If you had rounds in the magazine and no concealed handgun license, you would be in even more trouble.

 

[NavyLCDR]

Very good summation, rt48!

 

[dbrow6272]

Did LEO have reason to search your car? Where you involved in any type of fracas? NO? Why give LEO reason to search your car? They can only search a; with a warrant, b;with your consent. I would just melt into the background and wait for LEO to leave then go home. Just my HO

 

[gejoslin]

If you have a smartphone there is an app on Google Play called Legal Heat that has all 50 state gun laws on it and links to State Gun Laws.
Hope this helps.

 

[Riverkilt]

"Situation"...??? Couldn't have been too drunk if you remember it....

"Bar" "Car" those two words don't go together well...

Further proof that alcohol makes the wisest of us stupid...you told the cops about your handgun in the trunk. Reminds me of a friend who got drunk and told his wife about his girlfriend...

As someone who's dealt with DUI offenders nearly every day for the past 20 years can tell you that over time about half of all DUIs come from social drinkers who slipped over the line and the other half have been full blown alcoholics and the DUI was the wakeup call to how bad their drinking had progressed to.

Hope you also do a solid reality check on your drinking and what led to the "situation." Just sayin'....

For reference....doctors say any more than four drinks in one sitting is binge drinking.