The right to bear arms is constitutionally protected, but it comes with limits, especially when public safety is at risk. Under Ohio Revised Code § 2923.13, it is illegal for certain individuals to possess firearms or dangerous ordnance due to prior convictions, mental health adjudications, or other legal disabilities. Known as “Weapons Under Disability” (WUD), these charges can lead to serious felony convictions, especially when coupled with other criminal allegations.
Cincinnati Defense Attorney for Weapons Under Disability Charges
If you are charged with having a weapon under disability, it is critical to understand the severity of the accusation and your legal options. Even if the weapon was not used in a crime or was never discharged, merely possessing it while legally prohibited can result in a felony charge.
Attorney Mark Wieczorek represents clients throughout Hamilton County and across Ohio in challenging weapons-related charges. From Cincinnati to Dayton and beyond, The Wieczorek Law Firm, LLC provides experienced, aggressive criminal defense in complex firearm cases. 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.
Call (513) 317-5987 today for a free initial consultation, or submit your information through our secure online form.
- Overview of Possession of a Firearm while Intoxicated:
- Weapons Under Disability under Ohio Law
- Penalties for Weapons Under Disability in Ohio
- Collateral Consequences of a Weapons Under Disability Conviction
- Defenses to Weapons Under Disability Charges
- Aggravating Factors in WUD Cases
- Federal Implications for Weapons Under Disability
- Hire a Defense Lawyer for Weapons Under Disability Charges in Cincinnati, OH
Weapons Under Disability under Ohio Law
Ohio Revised Code § 2923.13 defines the offense of having a weapon under disability. The law prohibits individuals with certain legal statuses from knowingly acquiring, possessing, or using firearms or dangerous ordnance. These restrictions are meant to reduce the risk of harm from weapons in the hands of individuals considered high-risk under the law.
A person is considered “under disability” if they:
- Have been convicted of a felony offense of violence (such as assault, robbery, or homicide),
- Have a prior drug felony conviction,
- Are a fugitive from justice,
- Have been adjudicated as mentally incompetent or committed to a mental institution,
- Are currently subject to certain restraining or protection orders.
Note that these disabilities can be based on relatively old offenses, and many people charged are unaware that they were even subject to a firearms ban.
Penalties for Weapons Under Disability in Ohio
Weapons Under Disability is a third-degree felony in Ohio. The penalties can include:
- Prison Time: Up to 36 months in state prison.
- Fines: Up to $10,000.
- Firearm Confiscation: The firearm involved may be permanently seized and forfeited.
- Felony Record: A conviction will result in a permanent felony record, which can affect voting rights, employment opportunities, and the right to own firearms in the future.
In cases where the WUD charge accompanies other allegations, such as drug trafficking, assault, or possession of stolen firearms, additional penalties may apply, including mandatory minimum sentences.
Collateral Consequences of a Weapons Under Disability Conviction
A conviction for weapons under disability doesn’t only carry prison time, it can also derail someone’s future. Beyond incarceration, individuals face:
- Loss of Second Amendment Rights: A conviction can trigger a lifetime prohibition from owning or possessing firearms under both Ohio and federal law.
- Employment Barriers: Felony convictions can block job opportunities in law enforcement, security, healthcare, education, and other regulated fields.
- Immigration Consequences: For non-citizens, a WUD conviction may trigger deportation or inadmissibility under federal immigration law.
Defenses to Weapons Under Disability Charges
While these charges are serious, there are several effective defenses depending on the facts of the case.
One of the most common defenses is lack of knowledge. If the defendant was unaware that the firearm was present, such as when it was found in a shared vehicle or residence, they may argue that they did not knowingly possess it. For instance, if a firearm was found in the trunk of a car borrowed from a friend, and there’s no evidence the accused knew it was there, the state may have trouble proving the possession element.
Another defense is constitutional challenge, such as alleging that the weapon was discovered through an illegal search or seizure in violation of the Fourth Amendment. If police lacked probable cause or a valid warrant, the defense may be able to suppress the evidence entirely.
Mistaken disability status is also a viable defense in some cases. Sometimes, individuals are wrongly flagged as prohibited possessors due to clerical errors or outdated records. A thorough investigation into the defendant’s criminal history or court records may reveal that the disability no longer applies.
Finally, there are technical defenses that can be used to challenge whether the item in question qualifies as a “firearm” or “dangerous ordnance” under Ohio law, especially in cases involving antique or inoperable weapons.
Aggravating Factors in WUD Cases
Certain circumstances can lead to more aggressive prosecution or enhanced penalties, such as:
- Possession During a Crime: If the firearm was possessed while committing another crime, such as drug trafficking or burglary.
- Repeat Offender Status: Prior convictions can result in longer sentences and fewer plea options.
- Loaded or Concealed Weapon: The nature of how the weapon was stored or carried may influence the seriousness of the charge.
Federal Implications for Weapons Under Disability
In addition to state laws, federal law under 18 U.S.C. § 922(g) imposes a similar ban on firearm possession by prohibited individuals. If a WUD case intersects with federal jurisdiction, for example, if the weapon crossed state lines or was connected to a federal investigation, the case may be referred to federal prosecutors, where penalties are often more severe.
Hire a Defense Lawyer for Weapons Under Disability Charges in Cincinnati, OH
If you’ve been charged with having a weapon under disability in Cincinnati, Hamilton County, or anywhere in Southern Ohio, don’t face the legal system alone. Mark Wieczorek is a seasoned criminal defense attorney who understands Ohio firearm law and knows how to challenge WUD charges effectively.
Call (513) 317-5987 now for a free consultation, or submit your details using our online contact form. The sooner you act, the better your chances of preserving your rights and building a strong defense.
