The second amendment is generally upheld in Ohio; however, there are many regulations in place to control who can control firearms and how they do so. Carrying a concealed weapon without proper authorization or in prohibited circumstances, such as in a government building, is a serious offense.
Cincinnati Lawyer for Carrying Concealed Weapons Charges
With an influx of people purchasing concealed weapons as a result of the 2022 decision by legislators to allow adults to legally carry concealed firearms without a license, there has been an uptick in people arrested for illegal concealed carry. Knowing when and where you can and cannot carry a firearm is usually taught during licensing – however, now that citizens do not need a license, the amount of misinformation has led many to unknowingly violate the law.
If you or someone you know have been charged with illegally carrying concealed weapons in Cincinnati Ohio or its surrounding areas, you need to contact the Wieczorek Law Firm, LLC today. Mark Wieczorek has over 16 years of experience defending clients accused of firearms crimes, and is ready to hear your case.
The Wieczorek Law Firm, LLC serves Hamilton County, including the major Cincinnati metropolitan area. Call Mark Wieczorek at (513) 317-5987 for a free consultation or complete our contact form.
Carrying a Concealed Weapon Charges
As of June 13, 2022, Ohio became a constitutional carry state, allowing individuals aged 21 or older who are legally permitted to own a firearm to carry it concealed without a license. However, specific restrictions and regulations still apply.
Situations That Constitute Illegal Concealed Carry
Illegal concealed carry refers to carrying a concealed firearm or dangerous weapon without proper authorization or in violation of Ohio’s concealed carry laws. The offense is governed by Ohio Revised Code (ORC) Section 2923.12.
(A) No person shall knowingly carry or have, concealed on the person’s person or concealed ready at hand, any of the following:
(1) A deadly weapon other than a handgun;
(2) A handgun other than a dangerous ordnance;
(3) A dangerous ordnance.
This law applies to every person in Ohio – however, if you possess a valid concealed carry permit, this law does to apply to you. Instead, you must carry you concealed carry license with you at all times. Failing to carry your license can results in criminal charges and being treated with extreme suspicion during interactions with law enforcement.
Criminal violations of the state’s concealed carry law include:
- Carrying a concealed weapon while being legally prohibited from possessing firearms (e.g., convicted felons or individuals under a protection order) is illegal.
- Carrying in areas where firearms are restricted, such as:
- Schools or school zones.
- Government buildings.
- Private properties that prohibit firearms (when clearly posted).
- Carrying a weapon that was illegally obtained or possessed. This includes weapons that have the serial number scratched off or missing.
Traffic Stops and Officer Interactions
Ohio State Stat. § 2923.12 Subsection (B) governs how you must act when you interact with a police officer.
(B) No person who has been issued a license or temporary emergency license to carry a concealed handgun under section 2923.125 [2923.12.5] or 2923.1213 [2923.12.13] of the Revised Code or a license to carry a concealed handgun that was issued by another state with which the attorney general has entered into a reciprocity agreement under section 109.69 of the Revised Code, who is stopped for a law enforcement purpose, and who is carrying a concealed handgun shall fail to promptly inform any law enforcement officer who approaches the person after the person has been stopped that the person has been issued a license or temporary emergency license to carry a concealed handgun and that the person then is carrying a concealed handgun.
In short – you must disclose your handgun to an officer “promptly” during a traffic stop, or any other interaction where an officer stops you for a lawful purpose.
How to Retrieve Your Property
- Ensure Legal Eligibility
Before initiating the retrieval process, confirm that you are legally eligible to possess a firearm. This includes:
- Ensuring that no pending charges or convictions prohibit firearm ownership under state or federal law.
- Confirming the resolution of the illegal concealed carry case in your favor, such as dismissal of charges or acquittal.
If you are unsure of your status, consult with a criminal defense attorney for guidance.
- Obtain Documentation
You will need proper documentation to demonstrate your right to retrieve the firearm:
- Court Order or Case Resolution: Obtain a certified copy of the court document showing that the case has been resolved in your favor or charges have been dismissed.
- Proof of Ownership: Provide evidence that the firearm belongs to you, such as a purchase receipt, bill of sale, or firearm registration (if applicable).
- Contact the Cincinnati Police Department (CPD)
The Cincinnati Police Department typically handles the storage and return of firearms confiscated during arrests. You can initiate the process by contacting the Property Room or Evidence Unit:
- CPD Property Room Contact: Call or visit the property room to inquire about the firearm retrieval process.
- Provide Case Information: Be prepared to share details about your arrest, case resolution, and firearm (make, model, and serial number).
- Submit a Formal Request
File a formal request with the CPD for the return of your firearm. This may involve:
- Completing an application or form provided by the Property Room.
- Attaching copies of required documentation, such as the court order and proof of ownership.
- Undergo a Background Check
The CPD may conduct a background check to ensure you are legally allowed to possess a firearm under Ohio law and federal law (18 U.S.C. § 922). The check typically verifies:
- Whether you are a prohibited person due to a felony conviction, domestic violence charges, or other disqualifying factors.
- Whether you are subject to any restraining orders or similar legal restrictions.
- Pay Any Associated Fees
You may be required to pay administrative fees for the storage and handling of the firearm. These fees vary by jurisdiction, so confirm the amount with the CPD Property Room.
- Retrieve Your Firearm
Once all steps are completed, you will be notified when your firearm is available for pickup. During the retrieval:
- Bring valid photo identification.
- Confirm compliance with any additional CPD requirements, such as scheduling an appointment for firearm release.
Special Considerations
- If the CPD Refuses to Return the Firearm:
- File a motion in court requesting the return of your property.
- Provide the court with evidence of your eligibility and ownership.
- If the Case Involves Additional Charges:
- Work with your attorney to resolve any lingering legal issues before attempting to retrieve the firearm.
Additional Resources
Ohio Attorney General’s Concealed Carry Laws Manual – This publication offers an in-depth explanation of Ohio’s concealed carry laws, including licensing requirements, legal obligations, and the consequences of non-compliance.
Ohio’s Concealed Carry Laws and License Application – This resource provides detailed information on Ohio’s concealed carry regulations, application procedures, and legal considerations for carrying a concealed handgun.
Ohio Revised Code Section 2923.12 – This statute defines the offense of carrying concealed weapons in Ohio, outlining prohibited actions, associated penalties, and legal definitions pertinent to concealed carry violations.
Hire an Attorney for Illegal Concealed Weapons Charges in Hamilton County, OH
If you or someone you know have been charged with illegally carrying concealed weapons in Cincinnati Ohio or its surrounding areas, you need to contact the Wieczorek Law Firm, LLC today. Mark Wieczorek has over 16 years of experience defending clients accused of firearms crimes, and is ready to hear your case.
The Wieczorek Law Firm, LLC serves Hamilton County, including the major Cincinnati metropolitan area. Call Mark Wieczorek at (513) 317-5987 for a free consultation or complete our contact form.