Ohio law strictly regulates the possession and use of firearms under the promise of maintaining public safety. However, the truth is that many people have their second-amendment rights trampled on by the government and their rightfully obtained firearm seized by law enforcement. The restriction on firearm possession, also known as a “firearm disability” is controversial, but that does not stop law enforcement from seizing constitutionally protected firearms.
Cincinnati Lawyer for Illegal Possession of a Firearm
If you have been charged with illegal possession of a firearm, know that your rights, and your property, are in serious danger. Possession of a firearm with a firearm disability is an automatic felony offense that can lead to months or years in prison, depending on your prior criminal history.
However, a strong criminal defense attorney can show the court that you did not possess the alleged firearm, or that you had the right, or right reason, to do so. Mark Weiczorek is a dedicated and experienced attorney that will fight to ensure you receive a fair trial and the best outcome possible.
The Wieczorek Law Firm has experienced success in handling firearm cases across Ohio because of our uncompromising principles. Call us at (513) 317-5987 or complete our contact form for a free consultation today.
Overview of Illegal Possession of a Firearm in Ohio
- Illegal Possession of a Firearm under Ohio Law
- Key Definitions
- Penalties
- Case Law
- Exceptions and Relief
- Legal Defenses
- Additional Resources
- Hire an Attorney for Illegal Possession of a Firearm in Hamilton County, OH
Illegal Possession of a Firearm under Ohio Law
Ohio Revised Code (ORC) § 2923.13 governs the possession of firearms by individuals who are prohibited due to specific circumstances. This restriction on firearm possession is known as a “firearm disability.”
The statute states:
“Unless relieved from disability as provided in section 2923.14 of the Revised Code, no person shall knowingly acquire, have, carry, or use any firearm or dangerous ordnance, if any of the following apply:
(1) The person is a fugitive from justice.
(2) The person is under indictment for or has been convicted of any felony offense of violence or any felony involving the illegal possession, use, sale, administration, distribution, or trafficking in any drug of abuse.
(3) The person is drug dependent, in danger of drug dependence, or a chronic alcoholic.
(4) The person has been adjudicated as a mental defective or committed to a mental institution.
(5) The person is under indictment for or has been convicted of a misdemeanor offense of violence while on probation or under a community control sanction.”
This statute establishes a clear prohibition against firearm possession under specified conditions, making it a strict liability offense when the criteria are met.
Key Definitions
The scope of ORC § 2923.13 is defined in its subsections. To be convicted of illegal possession of a firearm, you must either possess a:
- Firearm: Defined in ORC § 2923.11(B)(1) as any deadly weapon capable of expelling or propelling a projectile by the action of an explosive or combustible propellant; or
- Dangerous Ordnance: Includes automatic firearms, short-barreled rifles, explosives, and incendiary devices (ORC § 2923.11(K)).
And this possession must be conducted knowingly. As defined in ORC § 2901.22(B), a person acts knowingly when they are aware that their conduct will probably cause a certain result or be of a certain nature. In this instance, “knowing possession” simple refers to a person intentionally placing and keeping the firearm or ordnance under their control. This could be on their person, or within property that they control, such as a home or vehicle.
Penalties
Violations of ORC § 2923.13 are typically classified as a third-degree felony. The sentencing range for a third-degree felony in Ohio includes:
- Imprisonment for 9 to 36 months; and/or
- A fine of up to $10,000.
Aggravating Factors
Certain factors may increase the penalties for the underlying crime (aggravate). If these conditions are met, then the sentencing requirements for the underlying crime may be increased substantially.
These factors may include:
- Use in Another Crime: Possessing a firearm while committing or attempting another criminal offense, such as robbery or drug trafficking.
- Prior Criminal History: A history of felony convictions, particularly those involving violence or drug offenses.
- Prohibited Firearm Types: Possession of automatic weapons, short-barreled rifles, or other more controlled firearms.
- Sensitive Locations: Possessing a firearm in designated gun-free zones, such as schools or courthouses.
- Unlawful Intent: Evidence of plans to use the firearm for illegal purposes, such as threats or crime preparation.
- Restricted Status: Being a fugitive, under probation or parole, or otherwise prohibited from possessing firearms.
Case Law
Ohio courts have established precedent in prior illegal firearm possession cases. These cases are typically used in informing the outcome of future cases, but can be overturned.
State v. Hardy (1978)
In Hardy, the court examined the disability requirement under ORC § 2923.13. In this case, “disability” refers to the defendants inability to possess a firearm. The court held that the “knowingly” requirement does not apply to cases where the firearm is in reach, but not owned by the defendant and that self-defense is a legitimate defense in illegal possession of firearm cases. In the case of State v. Hardy, the firearm was owned by the owner of the store by whom he was employed. The case acknowledged this point, and thus shifted the ownership aspect of the statute to his grasping and using the firearm instead – however, the court ultimately overturned his conviction as the gun was:
-
- Not originally owned by the defendant and was not stolen; and
- Was used specifically in self-defense.
Exceptions and Relief
Individuals prohibited from firearm possession under ORC § 2923.13 may petition for relief under ORC § 2923.14. Relief is not guaranteed and requires demonstrating that granting the petition is not contrary to public safety.
A judge may grant you relief from disability for any other conviction if all the following are true:
- You have been “fully discharged from imprisonment, community control, post-release control, and parole;”
- You have “led a law-abiding life since discharge or release, and appears likely to continue to do so;”
- You are “not otherwise prohibited by law from acquiring, having, or using firearms.
Even if you meet all these criteria, the trial court is not required to relieve you of the disability. The trial court still has discretion to grant or deny the request.
Restrictions
You cannot obtain relief from a firearm restriction if you were convicted as a violent career criminal, or twice or more for crimes that included a firearm restriction.
Legal Defenses
Therea are two primary ways that lawyers defend their clients against illegal possession of a firearm.
- Challenging Constructive Possession: Proving that the client did not have dominion or control over the firearm. As in State v. Hardy mentioned above, the state must prove that the defendant knew, or should have known, that the firearm was within their possession, and that possession was illegal.
- Relief from Disability: Demonstrating that the client had been granted relief under ORC § 2923.14. Some defendants are charged with illegal possession of a firearm despite having received firearm relief. The attorney simply needs to prove that the disability relief was granted prior to the date of arrest.
Additional Resources
- Firearm Disability Relief Statute – This statute is the state of Ohio’s legal guidelines for determining whether or not a person is eligible for relief from a firearm disability order. The statute also outlines when a person is not eligible for relief from a state or federal firearm disability.
- Retrieve Your Property from CPD – According to the Cincinnati Police Department, all property seized by evidence is auctioned off after 90 days. If your conviction is overturned, or if your illegal possession of a firearm charge is dismissed, then you will have 90 days from the court order or CPD officer notice to retrieve your property. Your attorney will help you with this step.
Hire an Attorney for Illegal Possession of a Firearm in Hamilton County, OH
Firearm crimes are intimidating. Not only will law enforcement view you as a dangerous criminal, but you will likely lose your constitutionally protected property.
Mark Weiczorek is a dedicated and experienced attorney that will fight to ensure you receive a fair trial and the best outcome possible, and help represent you to law enforcement.
The Wieczorek Law Firm has experienced success in handling firearm cases across Ohio because of our uncompromising principles. Call us at (513) 317-5987 or complete our contact form for a free consultation today.