Ohio gun owners in Warren, Butler, Montgomery, and Greene counties should be aware of OVI laws and the circumstances where an OVI conviction can affect your access to firearms in southwest Ohio. If you run into trouble, call us and we can help make sure your gun rights are protected.
While it is true that conviction of certain crimes, like physical assault or domestic violence may result in the suspension of a person's gun rights, many people, when charged or convicted with Operating a Vehicle under the Influence of drugs or alcohol (OVI), are concerned about how that could affect their gun rights as well.
Misdemeanor OVI and Gun Privileges
A charge of OVI puts a defendant's driving privileges in jeopardy. The good news for gun owners charged for the first time with OVI in Ohio is that these charges do not typically affect a person's right to bear arms. There are, however, some exceptional circumstances that may result in the suspension or loss of gun rights in the event that you are convicted of OVI.
OVI Challenges for Gun Owners
Most OVI's, especially first offenses, are charged as misdemeanors, low level crimes that carry the possibility of limited jail time, for convictions. While the charge of misdemeanor OVI alone will not typically involve the suspension of firearms rights, anytime you are pulled over, police may use evidence from the stop to bring other charges against you, such as improper handling of a firearm in a motor vehicle. These additional charges could impact your right to carry a weapon. Any crime of violence or drug possession or trafficking stemming from an OVI arrest puts an individual's gun rights in serious jeopardy. Drivers should be aware that they are held fully responsible for their actions when under the influence; voluntary intoxication is never a defense against any charges in Court. Those charged with carrying a firearm while intoxicated also could face more serious charges.
In some serious circumstances, a driver may be charged with felony OVI. Under federal law, anyone convicted of felonies, crimes punishable by a year or more in prison, are prohibited from owning firearms or ammunition.
Circumstances where a driver is charged with felony OVI include cases where the defendant is alleged to have caused serious injury or death, major property damage, or was grossly negligent while driving under the influence. Felony charges may also be leveled against a defendant who has been convicted of multiple OVI's in a relatively short period of time.
You should always speak with an experienced attorney if you are concerned about how charges or convictions may affect your rights in the future. The lawyers of Dearie, Fischer & Mathews can help you protect your rights and develop defense strategies to increase your chances of having your charges dismissed or significantly reduced. Our lawyers are familiar with local Courts and can help you understand the strength of your case, and the likelihood of a favorable outcome either in Court or pleading your case with gun regulatory agencies. Our lawyers' skills and experience will help you navigate the legal process and help you understand the charges against you. During your first visit or phone call, we can do an initial assessment of your case, and give you a good idea of your personalized defense strategy including how much our services will cost.
Give us a call, any time day or night.
In Lebanon, Warren County and Butler County, Ohio call (513) 932-5529.
In Beavercreek, Montgomery County and Greene County, Ohio call (937) 306-6402.