Weapons Charges
Understanding weapon related charges can be difficult to navigate on your own. Ohio’s gun laws are particularly complex and ever evolving (for example, the significant changes to permitless carrying laws in 2022). Many of these charges stem from traffic stops that expand into a search of your vehicle or encounters with police out in public. You want an attorney who has extensive experience with illegal search and seizure conduct by police in violation of your Fourth Amendment. I have been involved in dozens of suppression hearings where this exact type of evidence is at issue. Additionally, you will want an attorney who knows how to analyze the typical investigative pitfalls in order to protect your rights.
Carry Concealed Weapon Permits
Ohio’s firearm laws changed significantly in 2022, and many people still aren’t sure what is legal, what isn’t, and when they could be at risk of criminal charges. If you’re facing a weapons‑related accusation it’s critical to know how Ohio’s permit less carry law works.
Ohio’s permitless carry law went into effect on June 13, 2022. Ohio’s carry concealed weapon laws no longer require:
- No permit required to carry concealed
- No mandatory training requirement
- No duty to inform officers that you are currently carrying a concealed weapon, unless asked.
However, some despite the changes in the law, there are still restrictions:
- Permitless carry does NOT expand who can possess a firearm.
- You may NOT carry a firearm in certain locations (Schools, courthouses, private property where guns are prohibited, government buildings, etc.)
Common Weapons Related Offenses
Ohio law allows for additional, mandatory prison terms to be imposed by a court for offenses that involve a firearm. These penalty enhancements are called firearm specifications. These penalties must be served prior to and consecutively (meaning one after the other) to the underlying felony
FIREARM SPECIFICATIONS:
Sentencing Enhancements
One-Year
Imposed when you have a firearm on your person or under your control while committing a felony
Eighteen Month
Applies if you satisfied the One-Year spec and you previously were convicted of any firearm specification
Three-Year
Imposed when you display the firearm, brandished, or indicate you have it
Fifty-Four Month
Applies if you satisfied the Three-Year spec and you previously were convicted of any firearm specification
Five-Year
Imposed when discharging a firearm from a motor vehicle. This is commonly referred to as a “drive-by” specification
Six-Year
Imposed for fully automatic firearms or when equipped with a muffler or suppressor
Nine-Year
Applies if you satisfied the Six-Year spec and you previously were convicted of any firearm specification
The Law Office of Owen M. Patton has the experience and understands how to challenge the evidence in weapons related offenses. Whether the weaknesses in the prosecution’s case is proving: you had legal possession of the firearm, you had knowledge of the firearm, operability, illegal searches or seizures, or combating your self-defense claim, we can make sure that all defensive strategies are considered and your rights are protected.
Call and Begin Your Defense Today.
