While the right to bear arms is guaranteed in the second amendment, Ohio does not approve of using deadly weapons while in a state of incapacitation or inebriation. Possession of a firearm is outlined in Ohio Revised Code (ORC) § 2923.15, and is designed to punish those that combine firearms and impaired judgment due to alcohol or drugs.
Cincinnati Attorney for Possession of a Firearm while Intoxicated
While most people agree that what happens your property is your business, it can sometimes happen that law enforcement may show up at the wrong time. If you have been drinking or took drugs recently, you may be hauled off the jail for handling your firearm while sober.
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 Possession of a Firearm while Intoxicated
- Possession of a Weapon while Intoxicated under Ohio Law
- Defining “Under the Influence”
- Penalties for Possession of a Firearm While Intoxicated
- Collateral Consequences
- Aggravating Factors
- Defenses to Possession of a Firearm While Intoxicated
- Hire an Attorney for Possession of a Firearm while Intoxicated in Hamilton County, OH
Possession of a Firearm while Intoxicated under Ohio Law
ORC § 2923.15 explicitly prohibits individuals from carrying or using a firearm while under the influence of alcohol or drugs. The statute reflects Ohio’s commitment to public safety, recognizing the heightened risks posed by impaired individuals handling firearms.
ORC § 2923.15
The statute states simply:
“No person, while under the influence of alcohol or any drug of abuse, shall carry or use any firearm.”
The law applies broadly to any individual in possession of a firearm who is impaired, regardless of whether the firearm is actively used or discharged.
Defining “Under the Influence”
The term “under the influence” is central to the application of ORC § 2923.15. Ohio courts and law enforcement agencies typically interpret it as a state in which alcohol or drugs impair an individual’s ability to function safely and responsibly. This standard is consistent with definitions used for Operating a Vehicle Impaired (OVI) offenses.
Law enforcement may use various methods to determine whether a person is under the influence, including:
- Field Sobriety Tests: Observations of physical or cognitive impairment.
- Chemical Tests: Blood, breath, or urine tests to measure blood alcohol concentration (BAC) or the presence of drugs.
- Behavioral Evidence: Testimony from witnesses or officers regarding slurred speech, unsteady movement, or erratic behavior.
Penalties for Possession of a Firearm While Intoxicated
Possession of a firearm while intoxicated is classified as a first-degree misdemeanor under Ohio law. However, the penalties may vary depending on the circumstances of the offense.
- Incarceration: Up to 180 days in jail.
- Fines: Up to $1,000.
- Firearm Confiscation: Courts may order the confiscation of the firearm involved in the offense.
- License Suspension: In some cases, the court may suspend the defendant’s concealed handgun license (CHL) or restrict future firearm ownership.
Collateral Consequences
- Criminal Record: A conviction for possession of a firearm while intoxicated can result in a permanent criminal record, affecting employment, housing, and professional licensing.
- Firearm Ownership: Repeat offenses or related charges could result in restrictions on the individual’s right to own or carry firearms.
Aggravating Factors
Certain circumstances may elevate the severity of penalties for possession of a firearm while intoxicated:
- Public Endangerment: If the impaired individual discharges the firearm or poses a threat to public safety.
- Concealed Carry Violations: If the offender is a CHL holder and fails to comply with Ohio’s concealed carry laws.
- Prior Offenses: Repeat violations of firearm or alcohol-related laws can lead to enhanced penalties.
Defenses to Possession of a Firearm While Intoxicated
Several defenses may be available to individuals charged with possession of a firearm while intoxicated, depending on the circumstances of the case:
- Lack of Impairment: Demonstrating that the defendant was not under the influence of alcohol or drugs at the time of the alleged offense.
- Unlawful Search and Seizure: Challenging evidence obtained through unconstitutional search or seizure.
- Firearm Inaccessibility: Arguing that the firearm was not readily accessible to the defendant, such as being locked in a secure case.
- Lack of Knowledge: Establishing that the defendant was unaware of the firearm’s presence.
Interplay with Other Laws
Operating a Vehicle Impaired (OVI)
Possession of a firearm while intoxicated often intersects with OVI charges if the individual is stopped while driving under the influence. In such cases, defendants may face multiple charges, compounding potential penalties.
Concealed Carry Laws
Ohio’s concealed carry laws impose additional responsibilities on CHL holders. Under ORC § 2923.126, CHL holders must refrain from carrying a concealed handgun while under the influence, even if the firearm is not actively used.
Federal Laws
Federal law under 18 U.S.C. § 922(g) prohibits firearm possession by individuals unlawfully using controlled substances. While federal prosecutions are rare for isolated incidents of firearm possession while intoxicated, they may occur in conjunction with other serious offenses.
Hire an Attorney for Possession of a Firearm while Intoxicated in Hamilton County, OH
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.
The Wieczorek Law Firm, LLC will seek to regain control of your license and to prove that the original charges were otherwise unfounded.