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Cleveland Firearms Attorney

Due to his current docket volume, Attorney Margolis is not taking cases related to gun rights restoration or disputes involving CCW permits.

Under Ohio law, you can freely purchase most weapons and firearms without a permit, license, or having to register them. However, your firearm rights are not absolute. This often creates a lot of confusion about the laws surrounding firearms in Ohio, and a violation could result in a significant criminal charge. These offenses range in severity, but the potential impact could be serious, including a criminal record, potential time in custody, and the permanent loss of your gun rights. In these cases, it’s best to work with an experienced Cleveland criminal defense attorney right away.

If you have been accused of a weapons-related crime in Ohio, a Cleveland firearms attorney from The Law Office of Daniel M. Margolis, LLC can help.

While we do not handle the administration proceedings related to re-establishing gun rights after a conviction, call Daniel Margolis at (216) 533-9533 or online for a free and confidential consultation about your firearm charge.

Ohio Weapons Crimes

Numerous Ohio laws limit individual gun ownership and dictate appropriate firearm ownership, including:

  • Carrying concealed weapons Under Ohio Revised Code (ORC) Chapter 2923.12, it is illegal to knowingly carry or have, concealed on their person, or concealed ready at hand, any of the following: a deadly weapon, a handgun, or other dangerous ordnance, unless they have a license to do so. This may be a first-degree misdemeanor or a low-level felony, depending on the specifics of the offense.
  • Having weapons while under disability- ORC Chapter 2923.13 states you cannot knowingly acquire, have, carry, or use a firearm or dangerous ordinance if you are a fugitive, under indictment or convicted of a violent felony, under indictment or convicted of a drug felony, are dependent on drugs or alcohol, adjudicated mentally incompetent, or committed to a mental institution (other than for observation). Unlawfully possessing a firearm is a third-degree felony.
  • Using weapons while intoxicated- ORC Chapter 2923.15 states you cannot carry or use any firearm while under the influence of alcohol or any drug of abuse. This is a first-degree misdemeanor.
  • Improperly handling firearms in a vehicle- Based on ORC Chapter 2923.16, you cannot knowingly discharge a firearm in a motor vehicle. This is a fourth-degree felony. You also cannot knowingly transport or have a loaded firearm in a vehicle in such a way that it is accessible to the operator or any passenger. To transport a firearm in a vehicle, it should be unloaded, in a closed package, or in a compartment that can only be reached by leaving the car. Violating this portion of the law is usually considered a fourth-degree misdemeanor. If you mishandle a firearm in a vehicle while under the influence of drugs or alcohol it will be treated as a fifth or fourth-degree felony.
  • Watercraft and waterway firearm prohibitions- Under ORC Chapter 1547.69, it is unlawful for any person to knowingly discharge a firearm while on a vessel. No one shall knowingly transport or have a loaded firearm in a vessel where that firearm is accessible to an operator or passenger.
  • Improper discharge- According to ORC Chapter 2923.161, it is illegal to knowingly discharge a firearm at or into an occupied structure. This includes an individual’s permanent or temporary dwelling, in a school zone, on school premises, or another school-related building. This is a second-degree felony.

No matter which weapon crime you may be charged with, you should address the allegation immediately to effectively preserve your gun rights and possibly your freedom. Contact an experienced firearms attorney at The Law Office of Daniel M. Margolis, LLC as soon as possible.

Penalties for a Weapons Offense

If you are convicted of a firearm offense, the punishment will depend on the type and level of the charge, the circumstances surrounding the incident, and your criminal history. In general, Ohio’s penalties for a misdemeanor include potential jail time, fees, and probation. A felony will include time in prison, fines, fees, probation, the loss of gun ownership rights, and the loss of your voting rights during incarceration.

The possible length of incarceration you face depends on the level of the offense:

  • Fourth-degree misdemeanor– Up to 30 days in jail
  • Third-degree misdemeanor– Up to 60 days in jail
  • Second-degree misdemeanor– Up to 90 days in jail
  • First-degree misdemeanor– Up to 180 days in jail
  • Fifth-degree felony– Between six and 12 months in prison
  • Fourth-degree felony– Between six and 18 months in prison
  • Third-degree felony– Between nine months and 5 years in prison
  • Second-degree felony– Between tow and eight years in prison
  • First-degree felony– Between three and 11 years in prison

Additional Consequences of a Weapons Conviction

Depending on the type and level of the crime, a firearm conviction may also result in several difficult ramifications, including:

  • Challenges going to college or graduate school
  • Inability to obtain certain professional licenses
  • Inability to run for or hold public office
  • Difficulty maintaining employment
  • Immigration issues
  • Child custody and visitation issues
  • Difficulty renting housing

The best way to avoid the penalties and collateral consequences associated with a weapons offense is to work with a skilled criminal defense attorney from the beginning. An experienced lawyer will thoroughly review your situation and build the strongest defense strategy available.

Obtaining a Permit to Carry a Concealed Weapon

The most common restriction is the prohibition on carrying a concealed handgun in public without the proper license, though restrictions remain on where handguns are allowed.

To obtain a concealed carry permit in the state of Ohio, you must be:

  • At least 21 years old
  • A resident of your home country for at least 30 days
  • A resident of Ohio for at least 45 days

You will need to find a qualified CCW instructor and complete at least eight hours of required training to obtain a Certificate of Competency. To obtain a permit, this certificate must be less than three years old.

Additional Ohio Weapon Laws

If you acquire a concealed carry permit in Ohio, you must be aware of the restrictions on where you can bring your weapon, and where you cannot. Individual businesses and employers can prohibit individuals from wearing weapons in their buildings. Specifically, you cannot bring a gun into federal buildings, courthouses, or U.S. post offices. You cannot bring it into any police station, detention facility, place of worship (unless explicitly allowed), or secure areas of the airport.

Mistakes and oversights happen, but if you inadvertently take your concealed weapon into a place where it is prohibited, you can still be charged with a crime. To sufficiently address the issue, contact a Cleveland firearms attorney right away.

A Cleveland Firearms Attorney Is Here for You

While gun control laws are meant to protect the public, they should not impact your constitutional right to bear arms or unfairly jeopardize your future. Unfortunately, your options after a firearm conviction are limited, and our practice does not focus on the administrative process in Ohio for restoring gun rights. Instead, it often takes mounting of a strong defense to protect this right and your freedom.

Weapon and firearm crimes are serious and need to be treated as such. If you have been charged with a weapons crime, you need an experienced and tenacious attorney from The Law Office of Daniel M. Margolis, LLC.

Contact Dan Margolis Today

For more information, call (216) 533-9533 to schedule an initial consultation with Ohio firearms attorney Daniel M. Margolis.

Contact Dan

Attorney Margolis is not currently providing free consultations nor accepting new clients. Please be advised that contact form submissions and calls may not be returned.
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