Posted on Thursday, February 1st, 2024 at 9:00 am
The Second Amendment gives Americans the right to bear arms. However, this right does not extend to specific sections of the population. Certain individuals are prohibited from acquiring, carrying, or using firearms. Those not legally allowed to carry firearms can face significant criminal penalties if they gain access to a firearm. In Ohio, what does constructive possession of a firearm mean?
At Moermond & Mulligan, LLC, our Cincinnati weapons crimes defense lawyers want to help you understand what constructive possession of a firearm means and how these firearm charges can impact your life.
What Is Constructive Possession of a Firearm in Ohio?
What is constructive possession of a firearm under Ohio law? First, you must understand that specific individuals can be prohibited from obtaining, carrying, or using firearms. In Ohio, individuals under indictment or those convicted of any violent offense are prohibited from owning or carrying a firearm. The right to own, acquire, or carry a firearm can be restored in specific cases when nonviolent felons complete their criminal sentences. Violent offenders can petition the court to restore their right to own a firearm if they can prove they lead a law-abiding life.
You cannot possess a firearm as a convicted felon or individual under indictment. Other circumstances where it may be unlawful to possess a firearm include:
- The person is a fugitive from justice
- The person has been deemed mentally incompetent
- The person is a drug addict or chronic alcoholic
What does possession mean under the law? Constructive possession of a firearm in Ohio means that a person prohibited from possessing a firearm has a firearm within their power and control. Legally, the individual does not need to carry the gun, or even have it near them, to be considered in construction possession of a firearm. Consequently, the weapon only has to be accessible and be within the person’s control.
What is the difference between actual possession vs. constructive possession? Constructive possession of a firearm differs from actual possession. Under constructive possession, the weapon must only be accessible to the prohibited individual. To demonstrate actual possession, you must prove that the individual has physical control over the firearm. Consequently, constructive possession is much more difficult to prove than actual possession.
Penalties for Possession of a Firearm by a Convicted Felon
Those accused of constructive possession of a firearm can face significant legal consequences if the prosecution can prove that the previously convicted felon was in possession of a firearm. Illegal possession of a firearm by a convicted felon is a third-degree felony offense in Ohio. A conviction of this new charge can result in criminal penalties that include:
- Fines up to $10,000
- Prison time up to three years
In addition, a court may also require a person convicted of possession of a firearm by a convicted felon to complete community service. They could also require them to attend alcohol or drug treatment programs. Consequently, a conviction can lead to the loss of professional licenses.
Defense Strategies for Cincinnati Possession of a Firearm by a Convicted Felon Charges
Proving constructive possession can be challenging. The opposing side must demonstrate that the firearm was within your power and control. For example, suppose you live in a home with other individuals who own firearms. You can be accused of having constructive possession of a firearm if the owner does not secure it in a manner that prevents others from accessing the gun.
How do you fight back against the charges and how to prove the firearm was not yours? The answer depends on the circumstances of your situation and the criminal law applicable to your case. An experienced Cincinnati criminal defense lawyer can review the facts of your situation and build a compelling case based on evidence. Strategies that may produce a favorable outcome for your case can include:
- Lack of evidence
- You did not knowingly possess the firearm
- The firearm was located during an illegal search or seizure
There may be additional tactics that can help a defense attorney build a vigorous defense in your favor. If authorities accuse you of possessing a firearm or committing other gun crimes, exercise your right to remain silent and ask for legal representation. You have legal rights, depending on the state you are in. Protect them with the help of a skilled Cincinnati criminal defense attorney.
Seek Criminal Defense Representation Immediately
How do you beat a constructive possession of a firearm charge? If the police find you and charge you with the possession of a ghost gun, get the help of an experienced Cincinnati criminal defense team immediately. At Moermond & Mulligan, LLC, we have over 50 years of combined legal experience and countless successful case resolutions. In addition, our attorneys are ready to aggressively defend you and build a compelling case in your favor.
Call our Cincinnati office at (513) 421-9790 or contact us online for a free consultation.