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54.9.03 GENERAL OFFENSES CODE 122 <br />(d) Whoever violates this section is guilty of carrying concealed weapons, a misdemeanor <br />of the first degree, if the offender has not previously been convicted of a violation of this <br />section, Ohio R. C. 2923.12 or of any offense of violence, or if the weapon involved is not a <br />firearm and the violation of this section is committed at premises for which a D permit has <br />been issued under Ohio R.C. Chapter 4303, or if the weapon involved is not a firearm which <br />is either loaded or for which the offender has ammunition ready.at hand, or.if the weapon <br />involved is not a dangerous ordnance, or if the offense is not committed aboard an aircraft, <br />nor with purpose to carry a concealed weapon aboard an aircraft, regardless of the <br />weapon involved. (ORC 2923.12) <br />549.03 USING WEAPONS WHILE INTOXICATED. <br />(a) No person, while under the influence of alcohol or any drug of abuse, shall carry <br />or use any firearm or dangerous ordnance. <br />(b) Whoever violates this section is guilty of using weapons while intoxicated, a mis- <br />demeanor of the first degree. (ORC 2923.15) <br />549.04 IMPROPERLY HANDLING FIREARMS IN A MOTOR VEHICLE . <br />(a) No person shall knowingly discharge a firearm while in or on a motor vehicle. <br />(b) No person shall knowingly transport or have a loaded firearm in a motor vehicle, <br />in such manner that the firearm is accessible to the operator or any passenger without <br />leaving the vehicle. <br />(c) No person shall knowingly transport or have a firearm in a motor vehicle, unless <br />it is unloaded, and is carried in one of the following ways o <br />(1) In a closed package, box or case; <br />(2) In a compartment which can be reached only by leaving the vehicle; <br />(3) In plain sight and secured in a rack or holder made for the purpose; <br />(4) In plain sight with the action open or the weapon stripped, . or, if the firearm <br />is of a type on which the action will not stay open or which cannot easily be <br />stripped, in plain sight. <br />(d) This section does not apply to officers, agents or employees of this or any other <br />state or the United States, or to law enforcement officers, authorized to carry or have <br />loaded or accessible firearms in motor vehicles, and acting within the scope of their duties. <br />(e) The affirmative defenses contained in Section 549.02(e)(1) and (2) are affirmative <br />defenses to a charge under subsection (b) or (c) hereof. <br />(f) Whoever violates this section is guilty of improperly handling firearms in a motor <br />vehicle. Violation of subsection (a) or (b) hereof is a misdemeanor of the first degree. <br />Violation of subsection (c) hereof is a misdemeanor of the fourth degree. <br />(g) As used in this section, "unloaded" means, with respect to a firearm employing a <br />percussion cap, flintlock or other obsolete ignition system, when the weapon is uncapped, <br />or when the priming charge is removed from the pan. (ORC 2923.16) <br />1988 Replacement <br />