Being charged with an unlawful transaction in weapons does not automatically mean you will be convicted. Prosecutors must prove every element of the offense beyond a reasonable doubt, and the evidence must have been obtained legally. Depending on the facts, defenses may challenge whether the transaction violated the law, whether police conducted a lawful investigation, or whether the prosecution can prove you knowingly committed the offense.
Our criminal defense lawyerin Columbus, Colin McNamee, can evaluate each of these issues to determine whether the charge can be reduced, dismissed, or successfully challenged.
Ohio Revised Code § 2923.20 prohibits several types of firearm transactions, including:
The specific allegations determine what prosecutors must prove and what defenses may be available. Notice that the required mental state varies. For a prohibited transfer, the state must prove you acted recklessly, while the solicitation and false information offenses require proof that you acted knowingly. The penalties vary as well. A prohibited transfer or possession with purpose to dispose is a fourth-degree felony, while the solicitation and false information offenses are third-degree felonies.
For example, if you sell a firearm through a private transaction, you may later face charges if prosecutors believe you recklessly transferred the weapon to a prohibited person. Simply transferring a firearm, however, is not enough by itself. The state must prove the elements required by the statute. Furnishing a firearm to a minor is addressed by a separate statute, Ohio Revised Code § 2923.21, with its own elements and penalties.
Many unlawful transaction cases hinge on the defendant’s mental state. For the most commonly charged offense, transferring a firearm to a prohibited person, the state must prove you acted recklessly, meaning you were aware of a substantial risk that the buyer was legally prohibited from possessing a firearm and consciously disregarded that risk. Selling a gun to someone whose prohibited status you had no reason to suspect is not a crime under this provision.
Prosecutors may point to warning signs they claim you ignored, such as statements the buyer made or circumstances surrounding the sale. Our Columbus criminal defense attorney can examine witness testimony, communications between the parties, and other evidence to determine whether the state can establish recklessness rather than relying on hindsight and assumptions.
Sometimes. Firearm investigations often involve searches of homes, vehicles, cell phones, or other property. If law enforcement violated the Fourth Amendment while obtaining evidence, a court may suppress that evidence, significantly weakening the prosecution’s case. For example, officers who searched a residence without a warrant or a valid exception to the warrant requirement may have obtained evidence that cannot be used at trial.
Not always. The state must present evidence that a prohibited transfer or transaction took place. Suspicion alone is not enough. For instance, investigators may rely on text messages, witness statements, or circumstantial evidence to argue that a firearm changed hands illegally. If those witnesses are inconsistent, communications are taken out of context, or the evidence fails to establish an actual unlawful transfer, reasonable doubt may exist. Our legal team can scrutinize the prosecution’s timeline, interview witnesses, and identify inconsistencies that undermine the state’s theory of the case.
Mistaken identity can be an issue when multiple people are involved in a firearm sale, exchange, or transfer. Investigators sometimes rely on surveillance footage, online communications, or eyewitness identifications that are incomplete or unreliable. If prosecutors cannot prove you were the person who participated in the alleged unlawful transaction, the charge may not stand.
Our criminal defense attorney in Columbus can review identification procedures, electronic evidence, and witness accounts to determine whether investigators connected the alleged transaction to the correct individual.
All criminal cases depend on reliable evidence. Missing records, inconsistent witness statements, incomplete digital evidence, or conflicting testimony may create reasonable doubt about what occurred. Even when police believe a crime was committed, prosecutors must still prove every element beyond a reasonable doubt.
Contact McNamee Defense at 614-782-8889 or complete our contact form to book your free case assessment.
Facing a sizeable bureaucratic justice system can leave you shaking in your shoes. We’re here to tell you it doesn’t have to. Call 614-782-8889 or email us to schedule your free initial consultation today. We take cases in Columbus and across Central Ohio.