Ohio Gun Laws and Felonies
In Ohio, using a weapon during a crime is considered an aggravating factor, which can result in more severe prison sentences and fines.
If you are in possession of a firearm while committing a felony, it can result in a one-year mandatory consecutive term. .jpeg)
If you use a firearm to commit a felony, it can result in a three-year mandatory consecutive term. This includes displaying, brandishing, indicating possession of, or using a firearm to facilitate the offense. For example, if you show a gun while committing a burglary or assault, it could worsen the charges.
The type of firearm can also affect the severity of the charges. Possessing illegal firearms such as automatic weapons or sawed-off shotguns can result in felony charges even if the person is not currently committing any other crime.
You may also face harsher penalties if you are a repeat offender, especially if past crimes involved firearms.
Partnering with an expert defense attorney can help you navigate Ohio’s changing gun laws and fight for your rights while facing gun charges.
Firearm Penalties in Ohio
If you have been indicted, convicted, or adjudicated for a violent felony or a felony drug offense, you cannot legally possess a firearm in Ohio.
Under Ohio law it is considered an F-3 felony, punishable by 9 to 36 months in prison, to possess a firearm under the following circumstances:
● If you have been indicted, convicted, or adjudicated for a violent felony or a felony drug offense
● If you are drug or alcohol dependent
● If you have been deemed mentally unfit by the court
● If you are a fugitive from justice (fled to avoid prosecution for a crime or to avoid giving testimony in any criminal proceeding)
If you sell or lend a firearm to a person who cannot legally own a gun or a person under the influence of drugs/alcohol, it is considered an F-4 felony, punishable by 6 to 18 months in prison.
If you knowingly solicit someone to lend or sell you a firearm illegally, it is considered an F-3 felony, punishable by 9 to 36 months in prison.
If you give a firearm to a person under 18 or a handgun to a person under 21 (except for limited purposes such as hunting), it is considered an F-5 felony, punishable by 6 to 12 months in prison.
Ohio Concealed Carry Laws
Ohio updated its concealed carry laws in 2022, so that Ohioans 21-years-of-age or older who are not prohibited from firearm possession under state and federal law may carry a firearm in public without a permit or background check. However, there are still protected areas where firearms are not allowed such as schools, bars, places of worship, government buildings, and places with posted restrictions.
If you are stopped by police with a concealed firearm on your person or in your vehicle, you should inform officers immediately.
Possession of a Firearm as a Felon
Even with Ohio’s new gun laws, individuals with felony charges cannot own a gun. In Ohio, a convicted felon found to be in possession of a firearm can face a third-degree felony charge resulting in up to 36 months in prison and fines up to $10,000. Other consequences may include:
● Loss of voting rights
● Limited employment, housing, and financial assistance
● Suspended driver’s license or professional license
● Citizenship or immigration issues
With the help of an experienced attorney, you may be able to fight felony gun charges utilizing valid defenses such as lack of sufficient evidence or the firearm being obtained through an illegal search.
Are You Looking for a Criminal Defense Lawyer in Cincinnati, OH?
If you are facing criminal charges, you need to speak with an experienced criminal defense attorney as soon as possible. Please contact us online or call our Cincinnati office directly at 513-929-9333 to schedule your free consultation.
