Under the Second Amendment to the United States Constitution, you have the right to bear arms. This is not the case for convicted felons in Ohio. Under Ohio Revised Code § 2923.13, a person may not “knowingly acquire, have, carry or use any firearm or dangerous ordnance.” This pertains to:
- A fugitive
- Under indictment or convicted of any felony of violence
- Under indictment or convicted of illegal possession, use, or sale of drugs
- Drug dependent or in danger of drug dependence, chronic alcoholism
- Deemed mentally incompetent
Are you unsure about your rights or limitations with a felony conviction? Contact our law firm.
What Happens if a Felon Gets Caught Around a Gun?
Firearms are considered any deadly weapon capable of expelling or propelling one or more projectiles by the action of an explosive or combustible propellant. This includes automatic or sawed-off firearms, zip-guns, ballistic knives, explosive devices, firearm mufflers or suppressors, any firearm or ammunition, rocket launcher, or similar weapons.
Many objects you wouldn’t normally consider a firearm fall under Ohio law. It’s easy to overlook and break the rules if you weren’t privy to them, as can sometimes happen.
Whether you’re aware of the laws or not, if caught, this can exacerbate your criminal record and cause legal trouble. You are violating gun laws results in a third-degree felony charge and fines up to $10,000.
How Much Time Can a Felon Get After Gun Possession?
Guns in the hands of the wrong people or unlawfully carrying a handgun or deadly weapon puts the public’s safety at risk. As such, there are penalties for anyone who violates the Ohio gun laws, even more so if you’re a convicted criminal with a record.
This starts with the restrictions for owning a firearm or gun with a felony criminal record. Being caught with an illegal firearm can result in a prison term of up to 36 months, plus fines of up to $10,000.
With a prior conviction, law enforcement and the criminal justice system keep a close eye on you. They crack down on repeat offenders, so it’s likely in your best interest to attain the services of an experienced attorney that can protect and defend you.
How Can an Attorney Help Me?
If you’ve already experienced the criminal justice system, it might seem like there’s no way out of a firearm charge. Your chances of success are better if you use an experienced attorney to create a valid defense on your behalf.
Depending on the circumstances of your case and your prior convictions, it’s possible to get felony charges dropped altogether or dropped to a misdemeanor charge. This changes the black mark on your record and your overall sentence.
We might be able to arrange a better plea bargain, identify a mistake or error in the investigation or negotiate probation. Find out what’s possible for your case when you contact our law firm at 513-548-5544 for a free consultation.