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MegademiC
07-18-16, 13:30
Let's say you go to the store and realize you left your wallet at home... and you get caught with a gun, but you have a valid liscence (it's in your wallet).

What is the max possible punishment? I searched and found nothing. Anyone know? Misdemeanor? Felony? What degree? Ticket?

Thanks.

HeruMew
07-18-16, 13:44
Let's say you go to the store and realize you left your wallet at home... and you get caught with a gun, but you have a valid liscence (it's in your wallet).

What is the max possible punishment? I searched and found nothing. Anyone know? Misdemeanor? Felony? What degree? Ticket?

Thanks.

Best source I have found: https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=3&ved=0ahUKEwiLitWq1P3NAhVM74MKHdm9BmQQFggoMAI&url=http%3A%2F%2Fwww.ohioattorneygeneral.gov%2FLaw-Enforcement%2FConcealed-Carry%2FConcealed-Carry-Laws-Manual-(PDF)&usg=AFQjCNH9yB4MBmOzMloCpnPyiseWvVGcJA

I would imagine that something along the lines of the punishments listed below will happen:

I would imagine, no matter what, they're confiscating the firearm until it can be cleared by a court order. Just my assumption as they would be dealing with a "potentially unlawful CCW".

I wouldn't be able to speak for whether or not you'd be headed "downtown" with it or not.



Traffic Stops and Other Law Enforcement Encounters
If a person is stopped for a law enforcement purpose and is carrying a concealed handgun as a CCW licensee, whether in a motor vehicle or not, he shall promptly inform the law enforcement officer that he is carrying a concealed handgun. If in a vehicle, the licensee shall remain in the vehicle and keep his hands in plain sight at all times. Violating this section of law is a first-degree misdemeanor, and in addition to any other penalty handed down by a court, may result in the suspension of the person’s concealed handgun license for one year. A permit holder is not required to inform law enforcement of his status if he is not carrying a firearm.
NOTE: So far, the Ohio Supreme Court has not defined the term “plain sight” precisely in the context of carrying a concealed handgun. However, in other contexts, courts have generally said that the term “plain sight” is a common-sense term that means clearly visible or unobstructed.
If a person is stopped for a law enforcement purpose and is carrying a concealed handgun as a CCW licensee, whether in a motor vehicle or not, he shall not have or attempt to have any contact with the handgun, unless in accordance with directions given by a law
12
enforcement officer. Violating this law is a felony and may also result in permanent loss of the person’s concealed
handgun license.
If a person is stopped for a law enforcement purpose and is carrying a concealed handgun as a CCW licensee, whether in a motor vehicle or not, he shall not knowingly disregard or fail to comply with any lawful order given by any law enforcement officer. Violating this law is a first-degree misdemeanor and may also result in the suspension of the person’s concealed handgun license for
two years.

ETA:
This is purely off the assumption that your state does not report CCW in a database. I suppose it may just be a misdemeanor if they can pull your name up in the system, I am sure you'll be treated like a threat nonetheless until your disarmed and can provide detailed info to them. I know in MN, we are not a duty to inform nor have a "Reporting" section in our police computers, supposedly. I have been stopped a couple times and provided my CCW when asked, even when not carrying, as to avoid any situations of them being alarmed to see it in the system and me not inform them. Finally, a cop asked me: "You know, if you're not carrying, you don't have to provide the card." I responded that I believed in making good habit, and that I didn't want any officer to ever feel shocked/alarmed if/when they saw it when they ran my license. The Officer laughed, told me they don't have anything to know if someone from MN is a CCW permit holder or not; but also went on to say he thought highly of me for giving so much regard to officer's comfort-ability.

Needless to say, I did not get a ticket that day, and we both left pretty happy.

Firefly
07-18-16, 13:52
Honest, Real talk Answer:

It all depends on whether your state has CCW holders recorded on their state computers and how much of a total asshole the cop is.

You might get a guy who's like "Hey man, shit happens. Stay fly, Cool Breeze" or you might get some dick trying to save the world who will disarm you, pat you down, run your serial no., and cite/arrest you.

Obviously taking your CCW license to court would clear this whole matter up, but it would be argued that you were not in physical possession of it at time if contact, and being that working people pay up, you likely would get a ding.

Especially now that cops are super jumpy. And it's a total pendulum with no in-between.

So I'd be inconspicuous as hell until you were able to get your hall pass.

But yet, these street creeps don't worry about CCW permitsand their shit gets dropped for the larger charge.

depressing.

HeruMew
07-18-16, 13:56
Honest, Real talk Answer:

It all depends on whether your state has CCW holders recorded on their state computers and how much of a total asshole the cop is.

You might get a guy who's like "Hey man, shit happens. Stay fly, Cool Breeze" or you might get some dick trying to save the world who will disarm you, pat you down, run your serial no., and cite/arrest you.

Obviously taking your CCW license to court would clear this whole matter up, but it would be argued that you were not in physical possession of it at time if contact, and being that working people pay up, you likely would get a ding.

Especially now that cops are super jumpy. And it's a total pendulum with no in-between.

So I'd be inconspicuous as hell until you were able to get your hall pass.

But yet, these street creeps don't worry about CCW permitsand their shit gets dropped for the larger charge.

depressing.

Inconspicuous is a good verbage.

ETA:
Found out the info I got last week from a Deputy was wrong. In fact, I only had to file my address change, the card with my old address would still be valid if I didnt wanna be anal about it. Considering i have until later 2018, I paid my ten bucks, and they reprinted the card right there.

I even got to read "Gun Safety with Eddie the Eagle" while I waited.

Glad my first information was wrong.

SomeOtherGuy
07-18-16, 14:02
Keeping a photocopy of your CCW license in the glove box might not be a bad idea.

I don't know the legal or practical result of your stated hypothetical in Ohio.

RazorBurn
07-18-16, 15:14
Let's say you go to the store and realize you left your wallet at home... and you get caught with a gun, but you have a valid liscence (it's in your wallet).

What is the max possible punishment? I searched and found nothing. Anyone know? Misdemeanor? Felony? What degree? Ticket?

Thanks.

This is another reason for the local, state and even national firearm rights chapters to push "Constitutional Carry" within the state. Thankfully West Virginia passed it this year. If I took my wife's car in for an oil change or service, my wife would cringe when she would take my truck to work as she doesn't have a permit and I do. Sometimes I would remember to take the truck pistol out of the truck, and sometimes I would forget to. She would go into a small panic if I forgot. Now, with in state "Constitutional Carry", she and I don't have to worry about that.

Out of state is a different animal. If carrying out of state without your license or a state that doesn't recognize your license then you're playing with fire.

Averageman
07-18-16, 15:53
Keeping a photocopy of your CCW license in the glove box might not be a bad idea.

I don't know the legal or practical result of your stated hypothetical in Ohio.

This was the first thing that came to mind when I read the OP's question.

OH58D
07-18-16, 16:19
The legal standard is INTENT. No reasonable prosecutor would take the case unless INTENT or the lack thereof was proven....hold on, I forgot; you're probably not part of the ruling class elite.

Firefly
07-18-16, 16:45
The legal standard is INTENT. No reasonable prosecutor would take the case unless INTENT or the lack thereof was proven....hold on, I forgot; you're probably not part of the ruling class elite.

Pretty much.

Look up a law book for your, or any, state. Most unsurprising who is exempt

Moose-Knuckle
07-18-16, 17:23
The legal standard is INTENT. No reasonable prosecutor would take the case unless INTENT or the lack thereof was proven....hold on, I forgot; you're probably not part of the ruling class elite.

:lol: I see what you did there . . .

Bulletdog
07-19-16, 01:29
Keeping a photocopy of your CCW license in the glove box might not be a bad idea.


Or a cell phone pic?