Firearms Attorney in Cincinnati

Were you arrested and charged with a weapons-related crime in Cincinnati? If so, you might be justifiably concerned about your future. Gun charges can carry serious consequences, including severe penalties and long-term impacts on your rights. Don’t despair. The experienced Cincinnati firearms attorneys at Moermond & Mulligan, LLC will be ready to review your case, answer your questions, and aggressively defend you against the charges you’re facing.

Our seasoned legal team understands the gravity of these charges and the importance of aggressive, strategic defense. With over 50 years of combined legal experience, our attorneys have the knowledge and resources to tackle even the most complex weapons offense cases.

Why Should You Hire Us?

When you hire our firm, you can rest easier knowing that you have qualified and committed attorneys fighting for you. As a law firm with extensive experience as a criminal defense attorney in Cincinnati, we are dedicated to defending your constitutional rights and amendment rights throughout your case.

Attorneys Brad Moermond and L. Patrick Mulligan have served as prosecutors in their careers, giving them a unique and invaluable insight into how the other side might approach your case. Attorney L. Patrick Mulligan is a Board-Certified Criminal Law Specialist by the National Board of Trial Advocacy, a distinction that only a small percentage of lawyers have earned. This experience allows our team to anticipate the prosecution’s strategies and build a robust defense to counteract their efforts.

At Moermond & Mulligan, LLC, our team has successfully handled thousands of cases and is committed to doing everything we can to secure the best possible outcome for our clients. We help clients navigate the legal system when facing gun charges, ensuring their rights are protected at every stage.

Common Weapons Offenses in Ohio

Ohio law identifies various offenses related to the improper and/or constructive possession, purchase, sale, or carrying of a weapon or firearm. Some key statutes include:

• Unlawfully carrying a concealed weapon (O.R.C. § 2923.12) – In Ohio, only eligible individuals can carry a concealed firearm and must follow specific laws. Carrying a concealed weapon without a proper license or failing to comply with legal duties can lead to criminal charges.
• Deadly weapon in a school safety zone (O.R.C. § 2923.122) – Possessing or conveying a deadly weapon or dangerous ordnance in a school safety zone, such as a school building or bus, is illegal.
• Possessing a deadly weapon by a prohibited person (O.R.C. § 2923.13) – Certain individuals are not allowed to possess weapons. If such a person has a firearm or handgun, they could face felony charges. Illegal possession of a firearm, especially by convicted felons or those with a criminal record, can result in severe weapon offenses.
• Using weapons while intoxicated (O.R.C. § 2923.15) – Carrying or using a firearm while under the influence of alcohol or drugs can result in a misdemeanor charge.
• Improperly handling a firearm in a vehicle (O.R.C. § 2923.16) – This law prohibits shooting a gun from a vehicle, transporting a loaded firearm in a vehicle that is accessible to the driver or passengers, carrying a loaded firearm in a vehicle while under the influence of drugs and/or alcohol (even with a concealed carry license), and failing to notify law enforcement officials of a concealed weapon or comply with an officer’s orders during a stop. Law enforcement officers play a key role in enforcing search and seizure laws, and the circumstances surrounding a stop can impact the charges brought against an individual.
• Selling a firearm to a person under disability (O.R.C. § 2923.20) – Recklessly selling a gun to a person under disability can result in felony charges. Individuals previously convicted of domestic violence or other disqualifying offenses are prohibited from firearm possession.
• Furnishing a firearm to an underage person (O.R.C. § 2923.21) – Anyone who sells or provides a firearm to a person under 18 years of age or a handgun to a person under 21 years of age may face felony charges. Possession of criminal tools or possessing criminal tools—items intended for unlawful use in connection with weapons—can result in additional charges.
• Underage purchase of a firearm or handgun (O.R.C. § 2923.211) – An underage individual attempting to buy a firearm or handgun is considered a delinquent act, resulting in a fourth-degree felony or a second-degree misdemeanor.

Our team can provide the legal representation you need regardless of offense.

Penalties for Weapon Convictions in Ohio

Weapons crimes in Ohio are typically classified as misdemeanors or felonies. A conviction can lead to incarceration, prison time, and/or fines, with specific penalties depending on the nature of the offense. Examples of conviction penalties for some common weapons crimes include:

• Concealed Weapons Violations – Unlawfully carrying a concealed deadly weapon or handgun or failing to inform a police officer of a concealed handgun license and concealed handgun can result in a first-degree misdemeanor, punishable by up to 180 days of incarceration and/or up to $1,000 in fines. Removing or touching a concealed weapon is a fifth-degree felony, with penalties of up to 12 months of incarceration and/or up to $2,500 in fines.
• Having a Deadly Weapon in a School Safety Zone – A fifth-degree felony, punishable by up to 12 months of incarceration and/or up to $2,500 in fines.
• Having Weapons While Under Disability – A third-degree felony, punishable by up to 36 months of incarceration and/or up to $10,000 in fines.
• Using Weapons While Intoxicated – A first-degree misdemeanor, punishable by up to 180 days of incarceration and/or up to $1,000 in fines.
• Improperly Handling Firearms in a Motor Vehicle – Shooting a firearm from a car or transporting a loaded firearm in a way that’s readily accessible to the driver or passengers is a fourth-degree felony, punishable by up to 18 months of incarceration and/or up to $5,000 in fines. Transporting a firearm in a vehicle is a fourth-degree misdemeanor, with penalties of up to 30 days of incarceration and/or up to $250 in fines. Transporting a loaded handgun while under the influence of alcohol or drugs is a fifth-degree felony, with penalties of up to 12 months of incarceration and/or up to $2,500 in fines. Failing to notify an officer of a concealed handgun license and possession of a concealed handgun, failing to remain in a vehicle and keep hands in plain sight, or disregarding a law enforcement official’s orders is a first-degree misdemeanor, punishable by up to 180 days of incarceration and/or up to $1,000 in fines.
• Unlawful Transactions with Weapons – Recklessly furnishing a weapon to a prohibited person is a fourth-degree felony, punishable by up to 18 months of incarceration and/or up to $5,000 in fines. Persuading a firearms dealer or private seller to sell to a prohibited person or providing false information to a firearms dealer or private seller is a third-degree felony, punishable by up to 36 months of incarceration and/or up to $10,000 in fines. Not requiring proper documentation from the transferee when transferring a weapon is a second-degree misdemeanor, punishable by up to 90 days of incarceration and/or up to $750 in fines. Not promptly reporting a loss or theft of a firearm or dangerous ordnance is a fourth-degree misdemeanor, punishable by up to 30 days of incarceration and/or up to $250 in fines.
• Furnishing Firearms to Minors – A fifth-degree felony, punishable by up to 12 months of incarceration and/or up to $2,500 in fines.
• Underage Purchase of a Firearm or Handgun – For individuals under 18 years of age, this is a delinquent act that would be a fourth-degree felony. For individuals under 21 years of age, this is a second-degree misdemeanor, punishable by up to 90 days of incarceration and/or up to $750 in fines.

The possible penalties for weapon offenses in Ohio are serious and can include significant prison time, heavy fines, and a permanent criminal record. It is important to understand that both Ohio law and federal law may apply to firearm charges, and violations can result in consequences at both levels. If you are facing charges, you should explore all possible defenses and legal options to avoid or reduce prison time and other penalties. Consulting with an experienced Cincinnati firearms lawyer can help you understand your rights and develop a strategy to protect your future.

Weapons Laws In Ohio

In Ohio, it is essential for gun owners and enthusiasts to be well-informed about the state’s gun laws. While the Second Amendment guarantees citizens the right to bear arms, Ohio’s laws regulate gun ownership and rights within its borders. It is important to understand your gun rights, amendment rights, and constitutional rights under both Ohio and federal law to ensure you are fully protected and compliant.

Although Ohio allows open carry of firearms, violating any of the state’s gun laws could result in weapons charges. Despite its pro-gun reputation, Ohio’s prosecutors and judges take weapons offenses seriously and will aggressively pursue convictions against those who violate the law.

Individuals with a history in the criminal justice system, or those previously deemed mentally incompetent, may face additional restrictions on their gun rights. Legal representation is often necessary to navigate these complex issues and to seek restoration of rights when possible.

Certain firearms designed for military purposes or with features intended for combat or law enforcement are prohibited for civilian ownership under Ohio and federal law.

Open Carry Laws in Ohio

In Ohio, individuals have the right to openly carry legal firearms in most public places without needing a special permit or license. However, there are specific locations where carrying weapons is prohibited, including:

• Schools
• Airports
• Courthouses
• Polling locations
• Bars
• Private property with signs prohibiting weapons or where you are explicitly informed that weapons are not allowed on the premises

If you are unsure whether a firearm is allowed in a specific location, it’s always better to ask before entering with your gun to avoid potential legal issues.

Can I Carry a Concealed Gun in Ohio?

Ohio permits carrying concealed handguns, but you must possess a CCW (carrying a concealed weapon) license. Concealed carry permits are a legal requirement for carrying a concealed weapon in the state. To obtain a CCW license in Ohio, you must apply through the sheriff’s office in your county of residence and complete a firearms safety training course. The certificate of completion must accompany your CCW license application. Additional requirements for obtaining a CCW license in Ohio include:

• Being a lawful resident or citizen of the United States
• Paying the application fee
• Certifying that you haven’t been denied a CCW in another state or had your CCW suspended by another state
• Not being the subject of a civil protection order
• Not being addicted to alcohol or controlled substances
• Not having a dishonorable discharge from military service
• Submitting fingerprints

Engaging in an unlawful transaction, such as providing false information during the application process or transferring a firearm to someone not eligible for a concealed carry permit, can result in criminal charges.

Once you have your CCW license, you can carry a concealed firearm in most places in Ohio, except locations where open carry is also prohibited.

Purchasing Firearms in Ohio

Ohio doesn’t require individuals to complete an application or obtain a license to buy a rifle, handgun, or shotgun. Provided the person meets the requirements for purchasing firearms, they can buy a gun from any store.

To purchase a firearm in Ohio, you must:

• Provide proof of age (18 years old for a shotgun or rifle and 21 years old for a handgun)
• Provide proof of Ohio residency or employment with an Ohio-based employer
• Confirm that you don’t have any disability that would prevent you from buying a gun
• Complete a short questionnaire
• Submit to a background check

Ohio doesn’t have a mandatory waiting period for purchasing rifles, shotguns, or handguns. In most cases, individuals who meet all the qualifications can obtain their firearms on the same day.

Contact a Cincinnati Weapons Charge Defense Lawyer Now

Don’t let a weapons charge negatively impact your future. We encourage you to contact our firm today to discuss your case with one of our skilled Cincinnati weapons charge defense attorneys. Schedule a free case evaluation to discuss your gun rights and legal options with a firearms attorney in Cincinnati. During your confidential consultation, Moermond & Mulligan, LLC will listen carefully to the details of your situation, answer your questions, and guide you on the best course of action for your defense.

Our team of firearms lawyers in Cincinnati is committed to fighting for your rights and working tirelessly to secure the most favorable outcome for your case.

Take the first step towards defending your freedom and safeguarding your future. Contact Moermond & Mulligan, LLC today and let our experienced Cincinnati criminal defense attorneys provide you with the legal support and representation you deserve.

Last Updated: 06-18-2025