Carrying Under the Influence in Ohio

Carrying Under the Influence in Ohio

The Bottom Line

Ohio's primary firearm-while-intoxicated statute is R.C. § 2923.15, "using weapons while intoxicated." Subsection (A): "No person, while under the influence of alcohol or any drug of abuse, shall carry or use any firearm or dangerous ordnance." Subsection (B) makes it a misdemeanor of the first degree. The verbs are "carry or use" - the holstered concealed carrier is on the same footing as the discharging shooter. The substances reach "alcohol or any drug of abuse," disjunctively.

Section 2923.15 writes no separate per-se BAC. The "under the influence" element tracks the vehicle-DUI standard in R.C. § 4511.19. Section 4511.19(A)(1)(a) reaches anyone "under the influence of alcohol, a drug of abuse, or a combination." Per-se thresholds at § 4511.19(A)(1)(b)-(i) - 0.08 percent BAC standard, 0.17 percent BAC high "super-drunk" tier - and § 4511.19(A)(1)(j) supplies per-se controlled-substance thresholds (amphetamine, cocaine, heroin, L.S.D., marihuana, methamphetamine, phencyclidine). A 0.08 BAC or proof of impairment from any drug of abuse supports the firearm charge on the same record that would support an OVI charge.

A DUI stop produces stacked exposure. § 2923.12(B) is the CHL duty-to-inform statute. § 2923.15 reaches any intoxicated carry. § 2923.16(D) separately prohibits transporting or having a loaded handgun in a motor vehicle while under the influence or at the § 4511.19(A) prohibited concentrations - a fifth-degree felony, escalating to a fourth-degree felony if the loaded handgun is concealed on the person. One stop can produce three separate criminal exposures.

CHL eligibility runs through R.C. § 2923.125(D)(1). Subsection (D)(1)(o) requires the applicant to certify "that the applicant is not an unlawful user of or addicted to any controlled substance as defined in 21 U.S.C. § 802." R.C. § 2923.13(A)(4) creates a separate "weapons under disability" framework barring firearm possession by any person with "a drug dependency, [who] is in danger of drug dependence, or has chronic alcoholism" - a third-degree felony under § 2923.13(B), potentially restorable through R.C. § 2923.14.

Federal 18 U.S.C. § 922(g)(3) bars firearm possession by any "unlawful user of or addicted to any controlled substance." 27 C.F.R. § 478.11 treats every current marijuana user as a § 922(g)(3) trigger because marijuana remains Schedule I federally. Any current Ohio cannabis user - recreational or medical - is federally prohibited regardless of Ohio law.

Practical takeaway: do not carry while drinking, while impaired by any drug of abuse, or while a current cannabis user. There is no holstered-carry safe harbor.

The Controlling Statute: R.C. § 2923.15

Section 2923.15(A) reads in full: "No person, while under the influence of alcohol or any drug of abuse, shall carry or use any firearm or dangerous ordnance." Subsection (B): "Whoever violates this section is guilty of using weapons while intoxicated, a misdemeanor of the first degree." Three structural points define the statute's reach.

The verbs are "carry or use," disjunctively. The statute reaches simple carrying - there is no statutory limitation to discharge or loaded-in-hand handling. A holstered, concealed, non-handled firearm on the carrier's person is "carried" within § 2923.15(A) the moment the carrier's blood alcohol crosses the impairment line. The CHL holder who has a beer with dinner while wearing a holstered handgun is exposed on the carry verb alone - no draw, display, or discharge required.

The substance list is "alcohol or any drug of abuse," disjunctively. "Drug of abuse" reaches alcohol, any Schedule I-V controlled substance, and any other substance taken outside the scope of a valid prescription that produces impairment. Lawfully prescribed medication taken as prescribed is not a "drug of abuse," but medication taken in excess, without a prescription, or producing observable impairment is reachable.

The firearms list is "any firearm or dangerous ordnance." R.C. § 2923.11 supplies the chapter definitions; "dangerous ordnance" reaches automatic firearms, sawed-off shotguns, and certain explosive devices. The offense applies equally to a holstered handgun, a long gun in a truck rack, an NFA short-barreled rifle, and an NFA machine gun. There is no carve-out for sporting use, hunting, or target practice.

The "Under the Influence" Element and § 4511.19

Section 2923.15 does not define "under the influence" internally. The phrase tracks R.C. § 4511.19. Section 4511.19(A)(1)(a) reaches anyone operating a vehicle "under the influence of alcohol, a drug of abuse, or a combination of them" - the impairment-by-faculties prong, proved on the totality of the evidence. Section 4511.19 also supplies per-se thresholds:

A § 2923.15 prosecution does not require proof of a specific BAC - the State can prove "under the influence" on officer observations and field sobriety evidence - but a 0.08 BAC settles the impairment element on the same record that would support a per-se OVI charge. Section 4511.19(A)(1)(j)(vii) sets the marihuana per-se threshold at 2 ng/mL whole blood (10 ng/mL urine); § 4511.19(A)(1)(j)(viii) sets per-se metabolite thresholds. The same numbers anchor § 2923.15 prosecution evidence.

Penalty Grade

Section 2923.15(B) makes the offense a misdemeanor of the first degree - up to 180 days in jail and up to a $1,000 fine under Ohio's general misdemeanor framework, plus a permanent record on background checks, professional licensing, future firearm purchases, and CHL renewal-cycle exposure under § 2923.125(D)(1) and § 2923.128(A)(2).

The Vehicle Stack: § 2923.16(D) Plus § 2923.12(B) Plus § 2923.15

The DUI stop with a loaded handgun in the vehicle is Ohio's worst-case scenario. Three statutes converge.

R.C. § 2923.16(D) prohibits knowingly transporting or having a loaded handgun in a motor vehicle if, at the time, either: (1) the person is under the influence of alcohol, a drug of abuse, or a combination (§ 2923.16(D)(1)); or (2) the person's whole blood, blood serum or plasma, breath, or urine contains a concentration of alcohol, a listed controlled substance, or a listed metabolite prohibited for vehicle operators under § 4511.19(A) (§ 2923.16(D)(2)). The (D)(2) cross-reference imports the OVI per-se thresholds directly. The prohibition applies "regardless of whether the person ... is the operator of or a passenger in the motor vehicle" - passengers face the same exposure as drivers.

The penalty under § 2923.16(I) is severe: a (D) violation is a felony of the fifth degree - or, if the loaded handgun is concealed on the person, a felony of the fourth degree. The intoxicated CHL holder driving with a holstered, concealed, loaded handgun has committed § 2923.15 (first-degree misdemeanor) and § 2923.16(D) (fourth-degree felony) on one set of facts.

R.C. § 2923.12(B) is the duty-to-inform layer. (B)(1) requires the CHL holder stopped for a law-enforcement purpose and carrying a concealed handgun to "knowingly" disclose that fact to the officer "before or at the time" the officer asks. (B)(2) requires hands in plain sight after the officer approaches. (B)(3) prohibits contact with the loaded handgun during the stop except per officer direction. (B)(4) requires compliance with lawful officer orders. R.C. § 2923.16(E) parallels these duties at vehicle stops. Failure to disclose at a vehicle stop is a misdemeanor of the second degree under § 2923.16(I); failure to keep hands in sight is a first-degree misdemeanor (fifth-degree felony on prior conviction) and triggers CHL suspension under § 2923.128(A)(2).

Combined exposure from one drunk-driving stop: § 4511.19 OVI; § 2923.15; § 2923.16(D) (felony, fourth-degree if concealed on person); § 2923.12(B)/§ 2923.16(E) duty-to-inform offenses; § 2923.128(A)(2) CHL suspension; federal § 922(g)(3) exposure if the carrier is a current controlled-substance user.

CHL Eligibility, Drug Dependency, and the Disability Statute

Ohio's CHL framework includes two distinct intoxication-related eligibility hooks plus a separate weapons-disability framework.

§ 2923.125(D)(1)(o) - The Federal Cross-Reference

Section 2923.125(D)(1)(o) requires the applicant to certify "that the applicant is not an unlawful user of or addicted to any controlled substance as defined in 21 U.S.C. § 802." That is a direct importation of federal § 922(g)(3) into Ohio CHL eligibility. The certification reaches every Schedule I-V controlled substance taken outside a valid prescription, every recreational drug user, and every cannabis user (medical or adult-use) under federal law. It operates at initial application and at every renewal.

§ 2923.13(A)(4) - Drug Dependency / Chronic Alcoholism Disability

Section 2923.13 is Ohio's "having weapons while under disability" statute. Subsection (A) lists categorical disabilities: fugitive (A)(1), felony offense of violence (A)(2), felony drug offense (A)(3), drug dependency / chronic alcoholism (A)(4), adjudicated mental incompetence (A)(5). A person within any category who knowingly acquires, has, carries, or uses any firearm or dangerous ordnance commits the offense. Subsection (B) makes a violation a felony of the third degree.

Section 2923.13(A)(4) reaches "a drug dependency, [a person who] is in danger of drug dependence, or [a person with] chronic alcoholism." These are clinical terms that turn on diagnosis and adjudication evidence rather than a count of convictions. A physician diagnosis of substance dependence, an inpatient or residential rehab admission, or a court adjudication of dependency feeds (A)(4). Chronic alcoholism is an (A)(4) trigger but not a § 922(g)(3) trigger because alcohol is not a controlled substance under 21 U.S.C. § 802 - § 2923.13(A)(4) reaches alcoholism scenarios federal law does not. Section 2923.13(A)(3) reaches "any felony offense involving the illegal possession, use, sale, administration, distribution, or trafficking in any drug of abuse."

The disability is potentially restorable. R.C. § 2923.14 establishes a relief process: the disabled person applies to the court of common pleas; the prosecutor receives a copy and may object; the court may grant relief on findings that the disability factor no longer applies, the applicant has led a law-abiding life since discharge, and the applicant is not otherwise prohibited. Relief restores "all civil firearm rights to the full extent enjoyed by any citizen" subject to § 2923.14(F) conditions. Section 2923.14 relief restores Ohio rights only - it does not remove a federal § 922(g)(3) bar.

Section 2923.125(D)(1)(d) bars an applicant under indictment for or charged with a felony, a Chapter 2925/3719/4729 drug-of-abuse offense, or a misdemeanor offense of violence; § 2923.125(D)(1)(e) imposes a categorical conviction bar.

Federal Layer: 18 U.S.C. § 922(g)(3) and Ohio Cannabis

18 U.S.C. § 922(g)(3) makes it unlawful for any person who is "an unlawful user of or addicted to any controlled substance" to possess any firearm or ammunition in or affecting interstate commerce. The offense is a federal felony with up to 10 years in prison and up to $250,000 in fines. 27 C.F.R. § 478.11 reaches any current user of a controlled substance taken other than as prescribed. Marijuana is the leading trigger because marijuana remains Schedule I federally regardless of state law.

Ohio voters approved Issue 2 in November 2023, legalizing adult-use recreational cannabis under state law; Ohio also operates a separate medical marijuana control program. Under federal law, every Ohio cannabis user - recreational under Issue 2 or medical under the medical program - is an "unlawful user of [a] controlled substance" within § 922(g)(3).

ATF Form 4473 asks every purchaser, under penalty of perjury, to certify that they are not an unlawful user of any controlled substance, and the form expressly notes that marijuana use disqualifies regardless of state law. A current Ohio cannabis user who answers "no" on Form 4473 commits a federal felony under 18 U.S.C. § 922(a)(6) (false statement) and § 922(g)(3) (possession by prohibited person). The exposure attaches even when the purchaser is sober at the dealer counter and the firearm is kept at home - there is no Ohio § 2923.15 offense for sober home possession by a cannabis user (the state offense requires "under the influence"), but the federal exposure does not require concurrent impairment. Section 2923.125(D)(1)(o) imports federal § 922(g)(3) by reference: a current cannabis user who applies for or renews a CHL while certifying "no unlawful user" status commits a false certification under Ohio's CHL framework and walks into the same § 922(a)(6) federal exposure.

Self-Defense While Intoxicated

Ohio's use-of-force framework does not categorically bar an intoxicated person from claiming self-defense. Three practical points limit it.

The underlying § 2923.15 charge survives even if the defensive use is justified. A homeowner who is intoxicated and lawfully defends against an unlawful intruder has a complete justification defense to any homicide or assault charge, but the § 2923.15 "carry while intoxicated" charge stands as a separate count on its own elements.

Intoxication degrades the justification proof. Self-defense in Ohio requires reasonable belief in imminent unlawful force and reasonable proportionality. An impaired defender's perception of threat, judgment about timing, and accuracy in deploying force are subject to attack on cross-examination.

The § 2923.13(A)(4) disability applies at home. A homeowner who is in an (A)(4) drug-dependency disability and possesses a firearm at home commits the disability offense regardless of intoxication at the moment of defensive use. The home is not a safe harbor against the disability statute.

What § 2923.15 Does Not Cover

• No locational safe harbor. The statute reaches "carry or use" with no home, consented-private-property, or own-vehicle exception. Prosecution discretion and proof-of-impairment limits are the practical filters; the statute does not write a home exception.
• No discharge or display required. Mere carry while intoxicated is the offense.
• No firearm-specific per-se BAC threshold. The "under the influence" element runs through the § 4511.19 vocabulary.
• No firearm-specific implied-consent regime. Officers rely on the same investigative tools used for OVI.
• No state offense for sober possession by a current drug user. The state offense requires impairment. Sober possession by a current cannabis user is a federal § 922(g)(3) offense, an Ohio § 2923.13(A)(4) offense if dependency is established, and a § 2923.125(D)(1)(o) CHL false-certification offense - but not a § 2923.15 offense.

Practical Guidance for Instructors and Students

1. Do not carry while drinking, period. Section 2923.15(A) reaches "carry or use" without a holstered-carry safe harbor. The rule is "no drinking with a firearm on you," not "stay under 0.08." Cost of being wrong: up to 180 days, up to $1,000 fine, plus CHL renewal-cycle exposure.

2. Do not drive impaired with a loaded handgun in the vehicle. The stack - § 4511.19 OVI plus § 2923.15 plus § 2923.16(D) (fifth-degree felony, or fourth-degree if concealed on the person) plus § 2923.12(B) / § 2923.16(E) duty-to-inform exposure - is the worst-case scenario. One stop produces three or four separate exposures.

3. The § 4511.19 thresholds anchor § 2923.15. Per-se BAC: 0.08 percent (standard) and 0.17 percent (high). Marijuana per-se: 2 ng/mL whole blood. The State uses the same chemical-test record in both prosecutions.

4. § 2923.13(A)(4) is a clinical-evidence disability. Drug dependency, danger of dependence, or chronic alcoholism - established by physician diagnosis, residential-treatment admission, or court adjudication - feeds the third-degree felony disability under § 2923.13(B). Repeated OVI convictions are evidence of dependency, not themselves the trigger.

5. Cannabis ends CHL eligibility through § 2923.125(D)(1)(o). A current cannabis user - recreational under Issue 2 or medical - cannot truthfully sign the certification under federal law, which controls the meaning. Federal § 922(g)(3) reaches every current cannabis user regardless of compliance with Ohio law; the Form 4473 trap and the federal possession exposure attach independently.

6. § 2923.14 relief restores Ohio rights only. A § 2923.13(A)(4) drug-dependency or chronic-alcoholism disability is restorable through the § 2923.14 court-of-common-pleas process. State relief does not remove a federal § 922(g)(3) bar.

7. The duty-to-inform stack is real. § 2923.12(B) at any law-enforcement stop and § 2923.16(E) at vehicle stops impose four overlapping duties: disclose, hands in plain sight, no contact with the loaded handgun without officer direction, comply with lawful orders. Failure produces independent exposure plus CHL suspension under § 2923.128(A)(2).

8. Plan the night. If a student plans to drink, the firearm should be stored and unloaded first. There is no Ohio "safe transport while drinking" exception and no holstered-carry safe harbor.

Statute Reference