The proper handling of firearms in a vehicle is a governed by Ohio Revised Code (ORC) § 2923.16. This statute outlines strict regulations regarding the transport and handling of firearms in motor vehicles to ensure public safety. Failing to store weapons correctly can result in criminal penalties, as well as the loss of property.
Cincinnati Attorney for Improper Handling of a Firearm in a Motor Vehicle
A traffic stop is annoying – however, if you have vehicles in your vehicle that are stored exactly correctly, you may be charged with the improper handling of a firearm and have your property subsequently seized.
If you have been charged with any firearm crime in Cincinnati or its surrounding areas, contact The Wieczorek Law Firm, LLC to speak with an experienced defense attorney with over 16 years of experience. Call (513) 317-5987 for a free initial consultation, or fill out our online contact form.
Overview of Improper Handling of a Firearm in Ohio
- Improper Handling of Firearms in a Vehicle under Ohio Law
- Penalties for Improper Handling of Firearms
- Definitions and Clarifications
- Exceptions for Concealed Handgun License Holders
- Defenses to Improper Handling Charges
- Additional Resources
- Hire a Criminal Defense Attorney for Improper Handling of a Firearm in a Vehicle
Improper Handling of Firearms in a Vehicle under Ohio Law
Ohio law addresses the handling of both loaded and unloaded firearms in vehicles, imposing specific requirements for their transportation.
Prohibited Actions
Under ORC § 2923.16, the following actions constitute improper handling of firearms in a motor vehicle:
- Transporting or Having a Loaded Firearm Accessible (ORC § 2923.16(B))
It is illegal to transport or possess a loaded firearm in a vehicle in a manner that makes it accessible to the driver or passengers without leaving the vehicle. - Failure to Secure an Unloaded Firearm (ORC § 2923.16(C))
Unloaded firearms must be transported in one of the following ways:- In a closed case, package, or box.
- In a compartment that can only be reached by exiting the vehicle.
- In plain sight and secured in a rack or holder designed for firearms.
- For firearms over 24 inches in overall length, in plain sight with the action open or stripped (if applicable).
- Handling Firearms While Under the Influence (ORC § 2923.16(D))
Possessing or handling a firearm in a vehicle while under the influence of alcohol or drugs is strictly prohibited. - Improper Transport by Concealed Handgun License Holders (ORC § 2923.16(E))
Even individuals with a valid Concealed Handgun License (CHL) must follow specific rules for carrying a firearm in a vehicle, including notifying law enforcement during traffic stops.
Penalties for Improper Handling of Firearms
The penalties for violating Ohio’s improper handling laws vary based on the specific offense and circumstances:
- Basic Violations (ORC § 2923.16(B) or (C))
- Offense: Typically a fourth-degree misdemeanor.
- Penalties: Up to 30 days in jail and a fine of up to $250.
- Handling While Under the Influence (ORC § 2923.16(D))
- Offense: Fifth-degree felony.
- Penalties: 6 to 12 months in prison and fines up to $2,500.
- Failure to Notify Law Enforcement (ORC § 2923.16(E))
- Offense: First-degree misdemeanor.
- Penalties: Up to 180 days in jail and a fine of up to $1,000.
- Aggravating Factors:
- Repeat Offenses: May result in enhanced charges and stricter penalties.
- Additional Criminal Acts: If the firearm is used in connection with another crime, additional charges may apply.
Definitions and Clarifications
Several legal definitions are critical for understanding the improper handling statute:
- Firearm: Defined in ORC § 2923.11(B)(1) as any deadly weapon capable of expelling a projectile by explosive or combustible action.
- Loaded Firearm: A firearm with ammunition in the chamber, magazine, or clip that is part of the weapon, or with ammunition accessible and capable of being loaded.
- Accessible: A firearm is considered accessible if it can be reached by the driver or passengers without exiting the vehicle.
Exceptions for Concealed Handgun License Holders
CHL holders in Ohio are generally permitted to carry a loaded firearm in a vehicle. However, they must adhere to the following rules:
- Notification Requirement: Inform law enforcement officers of the presence of a concealed handgun during traffic stops.
- Secure Storage: Store the firearm in a manner compliant with the law, such as on their person in a holster or locked in a compartment.
Failure to comply with these rules can result in misdemeanor charges or suspension of the CHL.
Defenses to Improper Handling Charges
Individuals charged with improper firearm handling in a vehicle may assert several defenses, including:
- Lack of Knowledge: Demonstrating that the defendant was unaware of the firearm’s presence.
- Proper Storage: Providing evidence that the firearm was stored or transported in compliance with the law.
- Fourth Amendment Violations: Challenging evidence obtained through unlawful search or seizure.
Additional Resources
Concealed Carry Application – This resource provides a direct link to the Attorney General’s office, which provides the information necessary to secure a concealed carry for defensive or recreational use.
Lawmakers Pass Bill to Curb City Violence – Since passing a bill in 2022 that allowed non-license holders to carry a concealed weapon, Cincinnati has seen an uptick in violent crime. This news story dives into the cities increase in gun-related warfare and what lawmakers are doing to stop it.
Hire a Criminal Defense Attorney for Improper Handling of a Firearm in a Vehicle
If you have been charged with any firearm crime in Cincinnati or its surrounding areas, contact The Wieczorek Law Firm, LLC to speak with an experienced defense attorney with over 16 years of experience. Call (513) 317-5987 for a free initial consultation, or fill out our online contact form.