What Ohio Law Says About “Having Weapons While Under Disability”

In Ohio, having weapons while under disability means possessing, acquiring, carrying, or using a firearm while you are legally prohibited from doing so because of a qualifying conviction, indictment, mental health commitment, or certain other disqualifying circumstances. A conviction can result in serious criminal penalties.

Our Ohio criminal defense lawyer at McNamee Defense can assess whether the disability actually applied, whether prosecutors can prove knowing possession, and whether the police lawfully obtained the evidence supporting the charge against you.

What Does “Having Weapons While Under Disability” Actually Mean?

Unlike many firearm offenses, this charge focuses on who possesses the firearm, not simply whether someone had a weapon. Under Ohio Revised Code § 2923.13, certain individuals cannot knowingly control or possess a firearm or dangerous ordnance because they fall within one of the categories listed in the statute. For prosecutors to obtain a conviction, they must prove both that you were legally under a disability and that you acquired, had, carried, or used the firearm.

Who Can Be Considered “Under Disability” in Ohio?

A person may be prohibited from possessing a firearm for several reasons, including:

• Certain felony convictions involving violence
• Felony drug offenses
• Being a fugitive
• Being under indictment for a qualifying offense
• Drug dependency, being in danger of drug dependence, or chronic alcoholism
• Certain mental health adjudications or commitments
• Other circumstances specifically identified in the statute

Not every prior conviction creates a firearm disability, and whether someone remains prohibited from possessing a firearm often depends on the specific facts and applicable law. If prosecutors cannot establish that a qualifying disability existed at the time of the alleged offense, that may significantly affect the case.

How Do Prosecutors Prove You Are Legally “Under Disability”?

The prosecution must prove that the alleged disability actually existed when you possessed the firearm. Depending on the circumstances, questions may arise about whether there’s a qualifying prior conviction, whether an indictment was still pending, or whether another legal disability applied.

Mistakes involving criminal records or misunderstandings about a person’s legal status are crucial issues in these cases. A careful review of court records and the applicable statutes may reveal that prosecutors cannot actually establish every required element of the offense.

What Happens If You Are Convicted of Having Weapons While Under Disability?

A conviction is a third-degree felony in Ohio. A felony conviction can result in prison time, substantial fines, a permanent criminal record, and the loss of certain civil rights. A conviction may likewise make it more difficult for you to get gainful employment, secure professional licenses, or lawfully possess firearms in the future.

Can Your Firearm Rights Be Restored in Ohio?

Sometimes. Ohio Revised Code § 2923.14 allows some individuals to ask the court for relief from disability. If granted, the order restores your ability to lawfully acquire, possess, and use firearms. Not everyone qualifies for relief, and the court considers several factors before granting the request, including the reason for the disability, your criminal history, and whether restoring your firearm rights would be contrary to the public interest.

Charged With Having Weapons While Under Disability in Ohio?

If you have been arrested for or charged with having weapons while under disability, discuss your case at no cost with our criminal defense attorney in Ohio to learn how we can help. Get in touch with McNamee Defense at 614-782-8889 or submit our online form to arrange your case evaluation.