Ohio Lawyers for Gun Rights and Firearms Defense
Call Dearie, Fischer & Mathews today for defense against weapons charges in Ohio. Your Ohio Lawyers for Gun Rights and Firearms Defense.
Lebanon/Cincinnati: office — Beavercreek/Dayton:our office
How Can a Lawyer Help With My Weapons Charges?
Here are some case studies, just to give you some examples of how we have helped our clients:
Felony Weapons Charge to Be Dismissed in Warren County Court for Out-of-State Traveler
Charge: Client indicted on a fourth degree felony weapons charge in the Warren County Court of Common Pleas.
Resolution: Following a probations period, all charges are dismissed, firearm is returned, and all wepons rights resotred.
While driving though Ohio, our client was stopped in a routine traffic matter, and ended up with a felony weapons charge. Law enforcement confiscated client’s firearm at the time of his arrest. Client contacted us for help with these charges that threatened his livelihood, and could lead to a fourth degree felony conviction, 6-18 months in jail, and fines of up to $5,000.
Within about a month of being contacted by our client, Dearie, Fischer & Mathews attorney James Dearie was able to negotiate an arrangement that required a probationary period, after which all charges are dismissed, firearm returned, and all weapons rights restored.
New Gun Owner Charged with Felony in Hamilton County Court
Charge: Improper Handling of a Firearm in a Motor Vehicle, Felony Weapons Charge.
Resolution: No felony conviction, no jail time.
Client in Hamilton County Court was charged with a felony firearms violation after a traffic stop. The police officer alleged that our client was storing a loaded gun inside the vehicle in violation of concealed carry laws and weapons transport laws. Client was charged with a felony of the fourth degree and was concerned how this would affect his job, especially since a conviction could land him a prison term of 6-18 months and a fine of up to $5,000. Client was also charged with numerous other traffic violations.
Client retained us on a Friday afternoon for a hearing scheduled in Court the following Monday. Our attorneys were able to respond swiftly to these charges and negotiate a reduction of the felony charge to a misdemeanor. Client pled to one count of an unclassified misdemeanor traffic violation, and all other traffic charges were dismissed. Client served no confinement and was sentenced to non-reporting probation.
Multiple Charges Dismissed/Reduced: No Felony Conviction or Jail Time in Lebanon Municipal Court
Charge: Client charged with Assault, Aggravated Menacing, Criminal Damaging, Improper Handling of Firearm in a Motor Vehicle, and Concealed Carry Violation, which included charges of one fifth degree felony, multiple high level misdemeanors, and lower level misdemeanors.
Resolution: Two years probation, no jail time. Weapons rights restored at successful completion of probation.
Client faced jail time of up to one year and fines of up to $2,500 for the felony charge alone.
Case was handled in the lower Court (Lebanon Municipal Court) and client was never indicted on the felony charge. Client was convicted of one misdemeanor offense and paid no fine. Our attorney was able to get all other charges dismissed. Client did no jail time. Served 2 years probation, with no access to guns allowed during probation. Allowed to possess firearms after successful completion of probation period.
Client’s Gun Rights After Domestic Violence Conviction in Warren County Court
Client came to us after being denied a CCW license because the sheriff’s office saw a prior Domestic Violence conviction on his record. However, his conviction was a misdemeanor of the fourth degree. Our attorney counseled client that his gun rights should not be denied when the conviction was not a misdemeanor of the first degree. Judge in the Warren County Court concurred that gun rights should not be withheld because of a 4th degree misdemeanor domestic violence conviction.
Protection Order and Gun Rights Explained for Client in Warren County
Client was confused about how the law related to gun rights while under a protection order. Our attorney helped our client sort through complicated legal paperwork related to the Protection Order and helped client understand the statute as it related to firearms possession. In a single meeting, client was able to better understand how the Protection Order affected his gun rights and was able to clear up some misunderstandings held previously.
Commonly Prosecuted Firearm and Weapon Offenses in Ohio
- Improper Handling of a Firearm in a Motor Vehicle Ohio Revised Code 2923.16. For further explanation of the law, see our article Improper Handling of a Firearm in a Motor Vehicle in Ohio
- Carrying Concealed Weapons Without a Permit in Ohio – Ohio Revised Code 2923.12. For more information, read our article Concealed Weapons Charges in Ohio? Your Rights and Responsibilities
- Using Firearms While Intoxicated – Ohio Revised Code 2923.15. For further understanding of this law, read our article: Using Weapons While Intoxicated in Ohio.
- Improperly Furnishing Firearms to a Minor – Ohio Revised Code 2923.21
- Unlawful Possession of a Dangerous Ordnance- Ohio Revised Code 2923.17
- Unlawful Transaction in Weapons – Ohio Revised Code 2923.20
- Improper Discharge of a Firearm Ohio Revised Code 2923.161
Do I Need a Lawyer When Charged with a Weapons Offense in Ohio?
Failure to follow Ohio gun laws and regulations may result in the suspension or revocation of your right to bear arms, and even carry major fines and prison time. Ohio gun laws are complex and defending your rights requires skill and experience in the courtroom. If you are facing weapons charges in Ohio, you should talk to a criminal defense attorney as soon as possible. As with any criminal offense, do not discuss your charges with law enforcement or anyone other than your attorney while charges are pending.
Contact the law offices of Dearie, Fischer & Mathews, LLC if you are ever charged with a gun violation or are trying to restore your rights under the Second amendment.
Lebanon/Cincinnati: office. Beavercreek/Dayton:our office
Ohio Is An “Open Carry” Firearms State
Carrying an unconcealed weapon is permitted without a license in Ohio. In Ohio, individuals may “own, possess, purchase, sell, transfer, transport, store, or keep any firearm, part of a firearm, its components, and its ammunition,” with some restrictions and expectations of the gun owner. (Ohio Revised Code 9.68)
What are the Restrictions on Ohio’s Open Carry Law and Gun Ownership?
According to Ohio law, it is a felony of the third degree to possess any gun for:
- anyone convicted of or placed under indictment for a violent felony or drug crime (or an equivalent juvenile offense)
- fugitives from justice
- individuals with a dependency on drugs or alcohol
- persons found mentally ill or incompetent by a Court of law.
Restricted Places in Ohio for Open Carry of Firearms
Carrying or guns or deadly weapons is not allowed in
- school safety zones,
- private properties where signage is displayed declaring the property a gun-free zone
Violations of Ohio’s firearms laws can range anywhere from a misdemeanor of the first degree, to a fourth degree felony. Aggravating circumstances can even result in even higher level felony charges. Penalties for convictions include fines of up to $20,000 and prison term up to five years for first degree felonies.
Carrying Concealed Weapons Without a Permit in Ohio. Ohio Revised Code 2923.12
If you are carrying a firearm, you must at all times follow the law as it applies to concealed weapons. Many instances of concealed weapons charges are the result of violations discovered during a traffic stop.
For more information on the law for traveling with a firearm,
read our article “Improper Handling of a Firearm in a Motor Vehicle“.
You may not carry a concealed weapon on your person or have one readily available without the proper permit. There are additional requirements on how you are to respond to approaching law enforcement officers and to any questions from law enforcement if you have a firearm with you.
What To Do If You Are Approached by Law Enforcement Officer While Carrying a Concealed Firearm:
- Promptly inform any law enforcement officer who approaches you that you have been issued a concealed handgun license and that you are carrying a concealed handgun;
- Keep your hands in plain sight at any time after any law enforcement officer begins approaching you until he or she leaves, unless directed otherwise by the law enforcement officer;
- Do not knowingly remove or attempt to remove the loaded handgun from the holster, pocket, or other place in which the person is carrying it, knowingly grasp or hold the loaded handgun, or knowingly have contact with the loaded handgun by touching it with the person’s hands or fingers at any time unless directed to by the officer.
- Comply with any lawful order given by the law enforcement officer.
Penalties For Violating Ohio Concealed Carry Law
Generally speaking, violation of concealed carry laws is a misdemeanor of the first degree (M-1), and carries potential jail time of up to six months, a fine up to $1,000.00, and possible suspension of concealed handgun license.
Other conditions may increase the level of charges as well as possible jail time and fines. For example, repeat offenders, or those carrying a loaded weapon at the time of the violation, face a charge of felony of the fourth degree (F-4). An F-4 conviction could result in 6-18 months in prison and fines up to $5,000.00.
For more information on Ohio’s Concealed Carry Law, read our article “Concealed Weapons Charges in Ohio? Your Rights and Responsibilities“.