Batavia Gun Lawyer

Ohio is known for its unrestrictive approach to firearms, but that does not mean an arrest on a weapons charge is impossible. There are still restrictions in place on who can own a gun and how they can be used, and a violation could lead to serious charges.

If you find yourself facing prosecution for a firearms offense, a skilled defense attorney may be able to help. A strong defense could help you avoid a conviction and protect your rights as a gun owner. A Batavia gun lawyer from Ernst & Associates could help you understand your options.

Common Gun Offenses

There are several gun-related criminal offenses under state law. A Batavia gun attorney could defend you against the following:

Improper Handling of a Firearm in a Motor Vehicle

Ohio law places strict limits on how you can transport or access a firearm in a vehicle. You can face charges if the weapon is not stored properly or is handled carelessly in your car or truck. Depending on the facts, this offense can be charged as a misdemeanor or a felony, especially if there is a risk of harm.

Illegal Possession of a Firearm

You can be charged with illegal possession if you are prohibited from having a firearm. This prohibition could be based on a number of factors, from a prior criminal conviction to a protective order issued by a court. This is often charged as a felony and can lead to significant prison time. If you are under 21, you cannot carry concealed.

Discharge on Prohibited Premises

Firing a weapon in certain locations, such as near schools, on public roads, or into occupied structures, can result in serious criminal charges. These cases are always treated as felonies because of the risk to public safety, even if no one is injured.

Using a Weapon While Intoxicated

Handling or using a firearm while under the influence of alcohol or drugs is also illegal. This misdemeanor is designed to prevent an impaired person from unintentionally putting someone else at harm.

Weapons Enhancements

A weapons enhancement can significantly increase the penalties tied to an underlying offense. If the prosecution proves that a firearm was used, displayed, or readily available during the commission of a felony , a judge will be empowered to hand down a stiffer sentence. This is called a firearm specification.

These enhancements often apply in cases involving the threat or use of force against another person. You could face more serious penalties if you are convicted of robbery or assault while using a firearm. The added penalty is always served consecutively, meaning it is stacked on top of any sentence for the underlying charge. That can turn a relatively short sentence into several additional years in prison.

Facing weapons enhancements can make a bad situation worse. The good news is that your Batavia firearm defense attorney could not only fight the underlying charge but also challenge whether a firearms specification is appropriate.

What Is Constitutional Carry?

Ohio allows what is commonly called “constitutional carry,” which means you can carry a concealed firearm without a license if you are legally allowed to possess one. You do not need to apply for a permit to carry in most situations.

However, a license can still be useful. Some other states recognize Ohio-issued concealed carry permits, which can make travel easier. Without a license, you may not have the same reciprocity protections when crossing state lines.

Even with constitutional carry, you must still follow restrictions on where firearms are allowed and how they are used. If you violate those restrictions, you could be charged with a serious crime.

A knowledgeable gun lawyer in Batavia could help you understand these laws and determine whether your rights were violated if you are facing charges.

Reach Out to a Batavia Gun Defense Attorney Today

If you have been arrested on a weapons charge, a Batavia gun lawyer is here to help. Call Ernst & Associates today for a free consultation.