Possession of a Weapon While Intoxicated in Ohio
In the state of Ohio, there are several misdemeanor firearm offenses an individual can commit without even knowing it. Possession of a firearm while intoxicated is one of those offenses.
Under the law, an individual may be charged and convicted of a class A misdemeanor simply for having a firearm in their possession while or after drinking. The statute does not require the individual to be actually using the firearm. Nor does it require the person to be legally drunk or have a blood alcohol content or BAC over 0.08.
Common scenarios that have led to possession of a firearm while intoxication charge:
- Routine traffic stops during which law enforcement is informed or discovers the presence of a firearm.
- Law enforcement is called to the scene where a person is using a firearm and alcohol or drug use is suspected including if they are in their vehicle.
- Law enforcement witnesses an individual in the possession of a firearm while consuming alcohol.
This offense has serious consequences, including expensive fines and/or jail time. It is important to consult an experienced Columbus firearm arrest lawyer when preparing a defense for when you are accused of having weapons while intoxicated.
Talk With a Columbus Firearm While Intoxicated Lawyer Near You
If you have been charged with possession of a firearm while intoxicated in Columbus, Ohio, contact the Joslyn Law Firm. The attorneys at Joslyn Law Firm have extensive experience defending individuals charged with firearm offenses in Ohio. Call Brian Joslyn of the Joslyn Law Firm at (614) 444-1900 for a free consultation about your firearm or weapon charges.
Legislative Purpose
In 1974 the Ohio Legislature enacted Ohio Rev. Code § 2923.15, which states:
- (A) No person, while under the influence of alcohol or any drug of abuse, shall carry or use any firearm or dangerous ordnance.
- (B) Whoever violates this section is guilty of using weapons while intoxicated, a misdemeanor of the first degree.
Legislators concluded the rationale for the offense is that carrying or using firearms or dangerous ordnance without having complete control of one’s faculties presents a danger as great as driving while intoxicated. The statute permits law enforcement officers to step in and prevent the commission of more serious crimes, as well as tragic accidents.
While the purpose of the statute was benevolent and intended to protect the public, the construction of the statute presents several problems for individuals charged with the offense and the attorney’s representing them.
First, the statute may be titled “Possession of a Firearm While Intoxicated”; however, the statute itself does not have a specific legal intoxication requirement. Second, the statute criminalizes both the possession and use of a firearm will under the influence of alcohol. Currently, it is entirely possible for an individual to be charged for simply having a firearm in the general vicinity during or after consuming alcohol.
An individual convicted of possession of weapons while intoxicated is subject to up to six months imprisonment and a fine of no more than $1,000.
“Possession” and “Use” Elements
Ohio courts have not spent significant time defining or explaining the definitions of “possession” and “use” of a firearm under Ohio Rev. Code § 2923.15. In fact, the courts use terms like “handle”, “carry”, and other simple terms supporting the courts do not use a specific, legal definition but rather a laymen’s term when determining whether a defendant was in possession of a weapons while intoxicated.
Courts have even upheld convictions where a defendant was considered in possession of a firearm, although the firearm or weapon was not readily accessible. Although overly broad, courts have considered a defendant to be in possession when the firearm was located in:
- Glove compartment of a vehicle
- Inside of a defendant’s boot
- Inside a defendant’s bag or purse
It is also important to understand there are possession restrictions in places like school zones. The Ohio gun laws on school property differ than other public areas. Because of the overly inclusive nature of the statutory language in Ohio Rev. Code § 2923.15, it is highly recommended to consult an experienced criminal defense attorney with knowledge of Ohio’s weapons and firearm laws. Do not challenge these charges alone.
Under the Influence
The title of the statute infers that a defendant must be intoxicated or have a blood alcohol content above the legal limit; however, this is misleading. The actual language of the statute states that an individual must be under the influence of drugs or alcohol.
Under the influence means that the defendant consumed or used alcohol (or drugs) in such a quantity that the actions or mental processes were adversely affected. A defendant is considered to be under the influence if the court determines that the defendant did not have a clearness of intellect or control, which he or she would have otherwise possessed.
Whether a defendant is under the influence is often a factual determination. The court does not require the defendant to submit to blood or alcohol testing before or after the arrest. Witness testimony or defendant’s admission of having a few beers, having bloodshot eyes, or smelling like alcohol has been sufficient to satisfy the “under the influence” requirement.
Can You/Is It Illegal to Drink Alcohol While Carrying a Concealed Weapon?
It is critical to understand that in Ohio, it is against the law to have a weapons while intoxicated under the influence of alcohol or drugs, as clearly stated in Section 2923.15 of the Ohio Revised Code. This legislation makes it illegal for anyone to carry or use a firearm or dangerous weapon while impaired. Failure to comply with this law constitutes a misdemeanor of the first degree, known as using weapons while intoxicated. It is of utmost importance to be knowledgeable about and adhere to this law in order to ensure the safe and responsible use of firearms in Ohio.
Do You Have to Be Drunk to Get Charged With Possession of a Firearm While Intoxicated?
It’s important to be aware that in Ohio, you can face charges for possession of a weapons while intoxicated even if you’re not actually drunk. Despite its title, the statute does not specify a legal intoxication threshold. This means that simply having weapons in your possession while under the influence can result in charges. The law criminalizes both the possession and use of a weapon or firearm while intoxicated, so even if you’re not actively using the firearm, you can still be charged if you’re found to have a firearm in your vicinity after consuming alcohol. It’s crucial to understand and comply with this law to ensure the responsible use of firearms in Ohio. If you have been charged with possession of a firearm while intoxicated, the best step forward is to contact a firearm while intoxicated defense attorney.
I Have a CCW, Can I Be Charged With Possession of a Weapon While Intoxicated?
It’s crucial to understand that even if you possess a concealed carry weapon (CCW) permit in Ohio, you can still face charges for “Possession of a Weapon While Intoxicated.” Although Ohio law permits individuals with a CCW to carry a concealed firearm, it explicitly prohibits carrying a firearm in a vehicle if the operator has a blood alcohol concentration (BAC) that exceeds the legal limit. This means that if you are stopped for operating a vehicle under the influence (OVI) and found to have a BAC above Ohio’s legal limit, you can face charges not only for impaired driving but also for possessing a weapon while intoxicated. It’s crucial to fully understand and comply with this law to avoid any potential legal repercussions associated with firearm possession while under the influence in Ohio.
Is Carrying A Firearm While Intoxicated A Felony?
In Ohio, carrying a firearm while intoxicated is not regarded as a felony but rather as a class A misdemeanor, which is a less severe offense. People can unintentionally commit several misdemeanor firearm offenses, including possessing a firearm while intoxicated. This implies that having a firearm in your possession while or after drinking can lead to charges and conviction for a class A misdemeanor under Ohio law. It’s essential to be mindful of this fact and use firearms responsibly to prevent any legal repercussions in Ohio.
Joslyn Law Firm | Columbus Firearm While Intoxicated Defense Attorney
Possession of a firearm while intoxicated is a serious offense, which could cause severe consequences, including jail time and steep fines.
If you are facing charges related to using a firearm with intoxicated, or any other federal gun charges, contact the Joslyn Law Firm today to discuss the facts of your case. Columbus criminal attorney, Brian Joslyn of the Joslyn Law Firm will make every effort to help you avoid the most severe penalties and punishments for the charges against you.
Call the Joslyn Law Firm at (614) 444-1900 for a consultation about your possession of a firearm while intoxicated charge in Franklin County and surrounding counties, including Pickaway County, Madison County, Delaware County, Licking County and Fairfield County in Ohio.
