The biggest myth of the American justice system is that you will be treated as innocent until proven guilty. In my experience, the exact opposite has proven to be the case.
If you’re under investigation for a weapons charge, you need a dedicated Ohio criminal defense attorney.
Ohio is an “open carry” state, but that doesn’t mean there aren’t some weapons regulations. Most notably, Ohio requires having a license for carrying concealed handguns. Other regulations include:
Under Ohio law, it’s a crime to carry a concealed handgun on your person unless you have a license, are on active duty in the military, or are a law enforcement officer. If you’re found with a concealed weapon without one of these reasons, you’ll be charged with a first degree misdemeanor. If the weapon was loaded, you’ll be charged with a fourth degree felony.
There are similar restrictions for firing your weapon.
If you’re charged with carrying a concealed weapon, however, there is still hope. An experienced Ohio weapons charges defense attorney can help you with your defense, including the defense that you had your weapon in order to protect yourself, your family, or others while at risk of an attack.
An active duty military officer and lawyer was traveling through Ohio while visiting family and was stopped for having a cracked windshield. The State Troopers searched the man’s car and found a loaded pistol in the vehicle. The man resides in a state that does not require any sort of permit to own, possess, or conceal a loaded firearm in a vehicle. His having a loaded firearm in his vehicle was perfectly legal where he was from, but in Ohio, unbeknownst to him, he needed a permit, which he didn’t have. This man, military officer, and lawyer was arrested and charged with a felony gun charge where if convicted he could have been sent to prison for up to 18 months. In addition to that, he would likely have lost his law license, and been dishonorably discharged from the military. The Hiltner Trial Lawyers Firm was selected by this man from across the country and by telling his story and vigorously defending his rights, all charges were dismissed. The man’s firearm, which was given to him by a family member, was even returned to him.
Under Ohio law, a weapons offense generally involves the unlawful possession, carrying, use, or transfer of a firearm or other prohibited weapon. Charges often depend on how the weapon was possessed, where it was located, and the surrounding circumstances.
No. Weapons charges may be misdemeanors or felonies depending on the type of weapon, whether another offense was involved, and the accused’s prior criminal history.
Yes. A person can be charged based on possession or carrying alone, even if the weapon was never fired, displayed, or used during an incident.
Penalties vary by charge but may include jail or prison time, fines, probation, and firearm forfeiture. A conviction can also result in long-term restrictions on gun ownership and other civil rights.
Yes. Weapons charges may be reduced or dismissed if evidence was obtained unlawfully, possession cannot be proven, or constitutional rights were violated during the investigation.
Prior criminal convictions can significantly increase penalties and may make firearm possession illegal under Ohio law.
No. You should avoid speaking with law enforcement without an attorney present, as statements made early can be used against you later.
A defense attorney can challenge searches and seizures, examine whether possession can be proven, negotiate with prosecutors, and work to reduce charges or avoid conviction.
No. Under both Ohio and federal law, individuals convicted of a felony are prohibited from owning, possessing, or using firearms. This restriction applies even if the original felony had nothing to do with weapons. Violating this prohibition is itself a serious felony charge. If you have a prior conviction and were found with a firearm, the penalties can be significantly more severe than for a first-time weapons offense.
Ohio is a “shall issue” state, meaning that if you meet the legal requirements, the sheriff must issue you a Concealed Handgun License (CHL). To qualify, you must be at least 21, complete a certified training course, and meet other eligibility requirements including no disqualifying criminal history. Even with a valid CHL, there are locations where concealed carry is prohibited, including schools, courthouses, police stations, and establishments that serve alcohol. Carrying concealed without a valid license can result in misdemeanor or felony charges depending on whether the weapon was loaded.
Expungement eligibility in Ohio depends on the specific charge, the outcome of the case, and your criminal history. Some misdemeanor weapons convictions may be eligible for sealing or expungement after a waiting period. However, felony weapons convictions are generally harder to expunge and may be ineligible entirely. An attorney can review your record and advise whether expungement is a realistic option in your situation.
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