One Statute, Several Different Offenses
R.C. 2923.16 actually prohibits several different things, each with its own penalty. Discharging a firearm from a vehicle and transporting a loaded, accessible firearm are each ordinarily fourth-degree felonies. Improperly transporting an unloaded firearm is generally a fourth-degree misdemeanor. Which subsection applies — and whether a statutory exception applies — should be identified before evaluating any case.
Permitless Carry Does Not Eliminate Every Restriction
Ohio's permitless-carry law generally allows qualifying adults to carry a loaded handgun in a vehicle without a concealed handgun license, and this exception can make an accessible loaded handgun lawful where it would otherwise violate the statute. But permitless carry does not authorize possession by someone otherwise prohibited from having a firearm, and it does not override the separate restriction on firearms and intoxication described below.
Loaded Handgun Plus Alcohol or Drugs Is a Felony — Even for Passengers
Under R.C. 2923.16(D), knowingly possessing or transporting a loaded handgun while under the influence, or with a prohibited concentration, is ordinarily a fifth-degree felony — elevated to a fourth-degree felony if the handgun is concealed on the person. Critically, this applies to passengers as well as drivers: someone who cannot be convicted of OVI because they weren't driving can still face a felony firearm charge. A valid concealed-carry license or permitless-carry eligibility does not excuse this particular violation.
See our Ohio Felony Sentencing Guidelines page for how fourth- and fifth-degree felony ranges, mandatory prison, and post-release control apply generally.