Whether you’re a resident or just passing through Ohio, it’s important to understand state firearm possession laws. Running afoul of Ohio firearm laws could result in serious charges.
If you’re facing illegal firearm possession charges, an experienced criminal defense attorney can help protect your rights.
Understanding Illegal Firearm Possession in Ohio
Under Ohio law, you can be charged with illegal firearm possession if you are found in possession of a gun and belong to certain prohibited categories. Generally, it’s illegal for you to possess a firearm if you have:
- A felony conviction involving violence and drug trafficking
- A felony conviction punishable nay more than 1 year in prison
- A felony Indictment
- A history of mental illness or involuntary commitment to a mental institution
- A dependency on drugs or alcohol
- A warrant for your arrest
- A current restraining order against you
- Certain domestic violence convictions
- Certain non-citizen statuses
Even if you legally owned a firearm in the past, these criminal or legal circumstances can revoke that right.
Penalties for Illegal Firearm Possession in Ohio
The penalties for illegal firearm possession in Ohio can be severe, particularly if you’re legally prohibited from owning guns. The specific punishment depends on several factors, including the charge and your prior record.
For example:
- Having Weapons While Under Disability (WUD): This is the legal term in Ohio for possession of a firearm by a prohibited person. It’s typically charged as a third-degree felony, punishable by 9-36 months in prison and fines up to $10,000.
- Carrying Concealed Weapons (CCW) without a permit: This is generally a first-degree misdemeanor for a first offense, punishable by up to 180 days in jail and a fine of up to $1,000. However, in certain situations—such as when the individual has prior felony convictions or if specific aggravating factors are present—CCW can be charged as a felony offense on its own – a felony of the third degree.
- Possession of a defaced firearm: Possessing a firearm with an altered or removed serial number is a first-degree misdemeanor in Ohio, punishable by up to 180 days in jail and a fine of up to $1,000. However, if the person has a prior conviction for the same offense, it becomes a felony of the fourth-degree.
- Improperly handling firearms in a motor vehicle: This is generally a fourth-degree felony, punishable by 6-18 months in prison and a fine of up to $5,000. Similarly, it is a felony of the fifth-degree to knowingly transport or have firearms in a motor vehicle if they are found to be under the influence of drugs or alcohol. This carries up to 12 months in prison and a fine of up to $2,500.
- Using weapons while intoxicated: Carrying or using a firearm while intoxicated or under the influence of drugs is considered a misdemeanor of the first-degree. It is punishable by up to 180 days in jail and a fine of up to $1,000.
An experienced criminal defense attorney can explain your charges, the associated penalties, and possible defenses.
Defenses to Illegal Firearm Possession Charges
 There are several potential defenses to illegal firearm possession charges in Ohio. Your specific defense will depend on the unique facts of your case.
Common defenses include:
- Lack of knowledge : If you didn’t know the firearm was in your possession (for example, if it was in someone else’s bag or vehicle), this could be used as a defense.
- Unlawful search and seizure : If law enforcement officers failed to follow proper legal procedures when searching for the firearm, any evidence seized may be inadmissible in court.
- Mistaken identity : If you didn’t actually own or possess the firearm, your attorney might argue that it’s a case of mistaken identity.
- Restoration of rights : If your right to possess a firearm was previously revoked but later restored through a court order or expungement, you may not be guilty of illegal possession.
Consult an Ohio Criminal Defense Attorney Today
 Whether it’s a simple mistake or a misunderstanding of the law, having proper legal representation makes a big difference in illegal firearm possession cases. If you or someone you know is facing charges, contact McNamee Defense today.
