Weapons Crimes Defense Lawyer In Cincinnati

Were you arrested and charged with a weapons-related crime in Cincinnati? If so, you might be justifiably concerned about your future. Don’t despair. The experienced Cincinnati weapons crime defense lawyers 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.

When you hire our firm, you can rest easier knowing that you have qualified and committed attorneys fighting for you. 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. 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. 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. When you choose us to represent you, you can trust that we will fight tenaciously to protect your rights and future.

Written By: Moermond & Mulligan, LLC

Last Updated: 10-11-2023

Table Of Contents

    Common Weapons Offenses in Ohio

    Ohio law identifies various offenses related to the improper 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.
    • 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.
    • 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.
    • 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.
    • 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 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.

    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.

    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.

    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. 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

    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.

    Facing weapons charges can be a serious threat to your freedom and future. If you've been accused or charged with a weapons crime, you need skilled legal representation to defend your rights and minimize the consequences. Contact a trusted weapons crimes defense attorney who can provide the expert guidance and representation you need. Act now to protect your future and secure your defense. CONTACT US

    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. During your confidential consultation, we 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 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.

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