Improper discharge of a firearm is classified in Ohio as a felony and is governed by Ohio Revised Code § 2923.162. This law is designed to protect public safety by prohibiting reckless or intentional firearm discharges in prohibited areas or circumstances that could harm people or damage property.
Even individuals with no prior criminal history may find themselves facing harsh consequences if charged with improperly discharging a firearm. The laws are strict and leave little room for error, making it critical for anyone accused of this crime to seek experienced legal counsel. A conviction can not only lead to fines and incarceration but also have long-term consequences for employment, firearm rights, and personal reputation.
Cincinnati Firearm Discharge Defense Attorney
The Improper discharge of a firearm can occur in a multitude of scenarios, including celebratory gunfire, disputes escalating into reckless shooting, or unintentional discharges near protected areas. If you are facing such charges, securing skilled legal representation is essential to protect your rights. The Wieczorek Law Firm, LLC, led by Mark Wieczorek serves all of Ohio, including Hamilton County, Butler County, Clermont County, Brown County, Highland County, Clinton County, Preble County, Scioto County, Greene County, Montgomery County, and Warren County, and Southern Ohio.
The Wieczorek Law Firm has years of experience defending clients against firearm-related charges. We ensure that clients are informed at every stage of the case and craft tailored defense strategies to achieve the best possible outcome. Call (513)-317-5987 today for a free consultation to discuss your case.
Overview of Improper Discharge of a Firearm
- Improper Discharge of a Firearm
- Penalties
- Defenses
- Additional Resources
- Hire an Attorney for Improper Discharge of Firearm
Improper Discharge of a Firearm under Ohio Law
Improper firearm discharge refers to unlawfully firing a weapon in specific prohibited locations or circumstances. The statute states the following:
A) No person shall do any of the following:
(1) Without permission from the proper officials and subject to division (B)(1) of this section, discharge a firearm upon or over a cemetery or within one hundred yards of a cemetery;
(2) Subject to division (B)(2) of this section, discharge a firearm on a lawn, park, pleasure ground, orchard, or other ground appurtenant to a schoolhouse, church, or inhabited dwelling, the property of another, or a charitable institution;
(3) Discharge a firearm upon or over a public road or highway.
The law prohibits:
- Discharging a firearm into a habitation or occupied structure, such as firing into a home, building, or vehicle occupied by others (fourth-degree felony).
- Discharging a firearm over a public road or highway, creating risks to public safety.
- Discharging a firearm near a school zone, including firing a weapon within 1,000 feet of school property or events.
Some examples of improper firearm discharge include:
- Firing into a neighbor’s home during a dispute.
- Shooting across a public roadway during target practice.
- Celebratory gunfire that endangers nearby homes or schools.
Penalties for Improperly Discharging a Firearm
The penalties for improperly discharging a firearm vary depending on the circumstances of the offense. Below are the potential penalties:
Fourth-Degree Felony
- Prison sentence of up to 18 months and/or
- Fines up to $5,000.
Third-Degree Felony
- Prison sentence of up to 36 months and/or
- Fines up to $10,000.
Second-Degree Felony
- Prison sentence of up to 8 years and/or
- Fines up to $15,000.
Defenses Against Improper Firearm Discharge Charges
There are several potential defenses available to challenge a charge of improperly discharging a firearm in Ohio. The specific defense strategy will depend on the circumstances of the case, but common defenses include the following:
Lack of Intent
The prosecution must prove that the firearm discharge was intentional. If the act was accidental or unintentional, but not negligent, it may serve as a defense.
Self-Defense or Defense of Others
Ohio law allows the use of a firearm in self-defense or to protect others if the individual reasonably believed their actions were necessary to prevent imminent harm or danger.
Additional Resources
- Ohio Revised Code § 2923.162: Improper firearm discharge refers to unlawfully firing a weapon in specific prohibited locations or circumstances. Read more about the statute here.
- Firearm Crimes: If you are facing gun charges or other weapon offenses, contact The Wieczorek Law Firm today for a consultation.
Hire an Improper Discharge of a Firearm Defense Lawyer in Hamilton County, Ohio
The improper discharge of a firearm charges can have life-altering consequences. At the Wieczorek Law Firm, we are committed to defending your rights and providing aggressive representation. We will work tirelessly to achieve the most favorable outcome in your case.\
Call (513)-317-5987 today for a free consultation.