Weapons Charges Attorneys in Cincinnati Providing Skilled Defense in Your Weapons Charge Case
The state of Ohio abides by the constitutional right to bear arms. A person may possess or own a firearm without getting arrested if they don’t have a criminal record.
It is also legal to carry a firearm openly without registering it as long as you are not somewhere where guns are banned on the premises. Typical gun bans include courthouses, school safety zones, and school buses and corporations, to name a few. This policy is always made clear before you enter a building.
For individuals with a criminal past, there are laws against possessing and using firearms and deadly ordinances that can result in felony and misdemeanor charges. To add to this, committing a crime while possessing a firearm, even if it is not used to commit a crime, can add years to your sentence if you are convicted.
Sometimes people with a criminal record are unfamiliar with the Ohio firearm policies. For this reason, they might find themselves with illegal possession, which can result in severe penalties such as prison time and fines. A convicted felon’s legal burden of a deadly weapon offense will only further harm their record.
If you have been charged with a weapons crime, you must take immediate action to protect yourself. Not knowing where to turn when facing life-changing legal penalties can be incredibly stressful. Fortunately, you can rely on our experienced criminal defense attorneys at Ernst & Associates, LLC, to provide you with the representation and guidance you need during this challenging time.
What are Gun Rights in Ohio?
State gun control laws require a person possessing a firearm to be at least 21. There are certain circumstances gun ownership is possible with a permit for underage individuals, including hunting. The law prohibits certain weapons, certain gun purchases, and ownership by specific individuals.
You cannot legally own a gun if:
- You are a fugitive from justice
- You are under adjudication of mental incompetence, have been (or are currently) being committed to a mental institution, or you have been found by a court to be mentally ill in any capacity
- You are being treated for substance abuse, or you have past issues with substance abuse, alcohol, or drugs
- You are under indictment
- You are in the process of being convicted of any felony offense of violence, or you have a prior criminal record
- You have been adjudicated a delinquent child for an offense that would be a felony charge if you were an adult
There is a short list of illegal firearms that no one is lawfully allowed to possess, including automatic firearms, sawed-off firearms, zip guns, altered guns with no name, model, or serial number, and any firearm designed for military purposes.
Avoid weapons offenses and criminal charges by learning about gun rights and local gun laws from our experienced criminal defense attorneys with Ernst & Associates, LLC. Contact us, and we will answer your gun rights questions and offer legal advice.
What Are Weapon Offenses, Restrictions, and Possible Penalties?
To carry concealed weapons and abide by the law, Ohio gun owners have rights and responsibilities to follow. For example, you cannot carry a firearm in a motor vehicle unless you have a concealed handgun license. You must report any lost guns in Ohio, or you could be subject to a misdemeanor.
This is also true if you have prior criminal charges—you have a new set of rules and restrictions regarding concealed weapons, especially if you have a history of mental illness, violent crimes, domestic violence, substance abuse, and more. You cannot legally possess a firearm, and if you get caught for any reason, you will be subject to severe penalties.
There are several different types of gun and weapons charges. The severity of the charges depends on the illegal action and the circumstances surrounding the unlawful act. It also hinges on whether anyone was hurt or the weapon was discharged.
Some of the common types of weapon offenses include:
- Possession of a concealed weapon without a permit
- Possession of dangerous ordinance
- Using weapons while intoxicated
- Illegal sale or purchase of a weapon
- Discharging a weapon on or near a prohibited property
- Possession of a weapon while under disability (legally prohibited from possessing a firearm)
Not everyone is granted the ability to own a firearm; if you have one, it’s essential to understand the responsibilities accompanying ownership. Our attorneys will help you know your gun rights and applicable restrictions.
Can I Carry a Concealed Weapon?
In Ohio, the law clearly states that carrying a concealed weapon is illegal unless you have a permit. While the permit allows you to carry a concealed weapon, there are several locations where, even with a permit, it is illegal to carry a concealed weapon, including:
- Churches, synagogues, mosques, and other places of worship
- Government buildings
- School campuses (except in a locked vehicle)
- Any private property with a posted sign that prohibits firearms
The consequences will vary if you are convicted of carrying a concealed weapon without a permit or permit where it is illegal to conceal and carry.
If no one was hurt and it was your first offense, you will most likely be charged with a misdemeanor. If you have been previously convicted, the penalties will increase based on the severity of the crimes, including a third-degree felony or fourth-degree felony charge.
Illegally carrying a concealed weapon with a prior gun offense or misdemeanor or felony charge and committing a crime with an illegal weapon will cost you your freedom and a third-degree felony charge or fourth-degree felony charge. At a minimum, you could face ten years in prison.
Our criminal defense attorneys are here for you when you need us. Contact us immediately to discuss your legal options and representation if you are being charged with carrying concealed weapons.
Can a Weapons Charges Attorney Help with My Weapons Offense?
Being convicted of a deadly weapons offense can result in severe felony charges, fines, and incarceration.
In order to convict you with weapons charges, a conviction for carrying a concealed weapon requires proof of evidence first. The prosecution must show that you had a weapon, you took the weapon, and the weapon was concealed.
As your legal representation, our experienced criminal defense lawyer can protect your rights and raise a defense against the prosecution to avoid potential life-altering penalties. This might include proving:
- False accusation
- No intent to harm another person
- Lack of evidence
- The firearm belonged to someone else
Ernst & Associates, LLC will help you understand the legal ramifications that you are facing and work hard to defend your rights in a weapons case. To discuss your charges with a member of our respected law firm, contact us online or call us at 513-548-5544 and speak with an experienced criminal defense lawyer.