Ohio law prohibits individuals intoxicated by alcohol or drugs from carrying a firearm.
For obvious reasons, Ohio lawmakers doubt the decision-making ability of anyone under the influence of drugs or alcohol.
By punishing individuals drunk while carrying a gun, this law aims to deter others from committing the violation.
Contact us online or call (937) 222-1515 today for a free consultation with a Dayton weapons charges lawyer.
When Do Possession of a Firearm While Intoxicated Charges Arise?
As a general matter, Ohio allows individuals to possess firearms. Ohio even offers eligible persons the option of obtaining a concealed carry permit, allowing them to possess a concealed weapon.
However, Ohio law, under section R.C. 2923.15 prohibits anyone from “carrying or using” a firearm while under the influence of alcohol or drug abuse.
Thus, you cannot carry a firearm in your vehicle if you’re operating the vehicle while under the influence. Therefore, most of these charges arise along with driving under the influence (DUI) charges or operating a vehicle impaired (OVI) charges.
Please note that there is a BIG distinction between what Prosecutors need to prove between being charged with OVI in Ohio and “under the influence” of alcohol in Ohio while carrying or using a firearm.
In an OVI charge in Ohio, A person can consume alcohol and drive AS LONG AS they are not impaired. Law enforcement will routinely test a person’s blood-alcohol level to determine if that person is OVER the legal limit.
Please note that when a person is charged with Using a Weapon While Intoxicated, law enforcement DOES NOT need to prove a certain level of impairment.
The statute for this offense ONLY requires the State of Ohio to prove: “that a person WAS UNDER THE INFLUENCE OF ALCOHOL (or any drug of abuse).
This means that simply having a single beer (or a portion of a beer) MAY constitute “under the influence.”
What Counts as Carrying or Using?
The prosecutor can charge you for being “under the influence” of alcohol while possessing a firearm even if you don’t have the weapon readily accessible.
Courts have upheld convictions for this offense when the firearm was found:
- Inside the vehicle’s glove compartment,
- Inside a bag or purse, and
- In the backseat.
If you were charged with using weapons while intoxicated after authorities found a firearm in your vehicle, contact one of our attorneys at Gounaris Abboud, LPA, to discuss your options.
Penalties for Possession of a Firearm While Intoxicated
Ohio law considers possession of a firearm while intoxicated a first-degree misdemeanor. First-degree misdemeanors carry the potential of up to 180 days in jail and a fine of up to $1,000.
Even if you have a concealed weapons permit, you could face a conviction.
But remember, prosecutors rarely charge this offense on its own. This charge most commonly arises in conjunction with a DUI/OVI charge, which carries more severe potential penalties.
For a first-offense DUI/OVI conviction, the driver faces:
- At least three days but no more than six months in jail
- Mandatory license suspension for at least six months
- A fine of up to $1,075
A second DUI/OVI conviction carries the following potential penalties:
- At least ten days but no more than six months in jail
- Mandatory license suspension for at least a year
- A fine of up to $1,625
If your blood alcohol level (BAC) is above 0.17%, you will receive more severe penalties.
In addition to the criminal penalties, a misdemeanor conviction especially those concerning driving under the influence can also result in other consequences, such as:
- Increased insurance premiums
- Difficulty obtaining employment
- Inability to secure certain housing
After serving your sentence and paying your court fines, you will suffer the financial consequences of having a misdemeanor conviction on your permanent record.