If you are charged with a Columbus, Ohio gun crime, you are probably aware of how complicated these cases can become. There are very specific definitions involving unlawful possession, usage, and related firearm offenses. Also, depending on the details, felony or misdemeanor charges may apply. In these gun cases, your sentence if convicted could mean incarceration, fines, and other penalties.
It’s easy to get confused about Ohio gun crimes, which is why you should trust a knowledgeable lawyer to protect your rights. At Luftman, Heck & Associates LLP, our Columbus criminal defense attorneys have in-depth knowledge of the firearm laws.
Let us explain the situation, develop a plan to deal with your gun charge, and work to get the best possible result. Call (614) 500-3836 or contact us online for a fee and confidential consultation.
You might also benefit from reviewing some common firearms charges, which generally fall into two groups.
Columbus, Ohio Gun Crimes – Based Upon Status
This first category of firearms offenses relates to who or where you are when you have a gun in your possession.
Carrying Concealed Weapons
As of June 13, 2022, Ohio is a “permitless carry” state under §2923.12. Also known as “constitutional carry,” most adults 21 or older may carry a concealed handgun without a Concealed Handgun License (CHL)—as long as they are not otherwise prohibited from possessing a firearm under state or federal law.
However, this does not mean all concealed carry is legal. You can still face criminal charges if:
- You are underage (under 21)
- You are legally barred from firearm possession (see “Weapons Under Disability”)
- You carry in a prohibited location (such as a school safety zone or courthouse)
- You fail to notify law enforcement during an official stop if required
Unlawful concealed carry may still be charged as a first-degree misdemeanor, punishable by up to 180 days in jail and $1,000 in fines. In some cases, such as if you have a prior weapons conviction, it may be elevated to a felony.
Carrying a Concealed Weapon As a Prohibited Person
Ohio’s law on Having Weapons While Under Disability is directed at those not allowed to possess a firearm because of specific characteristics. You could be arrested for having a gun if:
- You’ve been arrested, are under indictment, or were convicted of a violent felony or felony drug offense;
You were processed through the juvenile system for an offense that would have been a violent felony or felony drug crime if you were an adult at the time. - You’re addicted to drugs or alcohol; or,
- You’ve been adjudicated as having certain mental issues as designated by law.
This is a third-degree felony. You could be sentenced to up to 36 months and a fine of up to $10,000.
Possessing a Firearm While Under Disability
In Ohio, “disability” doesn’t refer to a medical condition—it’s a legal status that prohibits firearm ownership or possession. You may be charged under this statute if:
- You’re a fugitive from justice
- You’ve been indicted for or convicted of a felony involving violence or drugs
- You have a documented drug or alcohol dependency
- You’ve been adjudicated mentally incompetent
Being caught with a firearm under these conditions is a third-degree felony, punishable by up to 36 months in prison and $10,000 in fines.
Possession in Ohio Gun-Free Zones
This offense is based upon where you’re carrying a gun instead of who you are. Regardless of whether you have a concealed carry permit, you cannot own a firearm:
- In a courthouse;
- Within a school safety zones; and,
- At a bar or establishment with a liquor license.
For a first offense, you’re usually charged with a Fifth Degree Felony. If convicted, you could face six months to one year in incarceration, plus a $2,500 fine.
Felony Charges for Unsafe Firearm Storage Around Children
Gun laws in Ohio are evolving, and proposed legislation may soon increase penalties for unsafe firearm storage. If passed, a Child Access Prevention bill would impose first-degree felony charges against gun owners if a child accesses an unsecured weapon and someone is harmed.
This law would require that firearms in homes with minors be stored with tamper-resistant locks and made inoperable to children. The proposal follows national trends—23 other states have similar laws—and responds to data showing that 65% of school shooters used firearms obtained from home.
Even now, firearm owners can face serious consequences under Ohio law for allowing access to guns in unlawful or reckless ways. If you own firearms and have children at home, or are facing charges related to unsafe storage, you should consult a Columbus gun crimes attorney immediately to understand your rights and obligations.
Columbus, Ohio Gun Crimes – Illegal Usage
There are also Ohio gun laws that prohibit certain activities.
Firing a Gun Where Prohibited by Law
It’s against Ohio law to engage a firearm at or into a residence, school safety zone, or public roadway. Unless it’s your own property, it is also prohibited to fire adjacent to schools, churches, and structures with people within them.
The offense ranges from a Fourth Degree Misdemeanor to a Second Degree Felony depending on the circumstances.
Guns in Motor Vehicles
The statute on Improperly Handling Firearms in a Motor Vehicle makes it unlawful to engage in certain actions while in a car as a driver or passenger. For example, you could face Fourth Degree Felony charges for:
- Firing a gun from the vehicle;
- Transporting or possessing a loaded gun that’s accessible to any occupant; and,
- Transporting a firearm that is NOT in a closed compartment that can only be reached by stopping and exiting the vehicle.
Use of a Gun in the Commission of a Crime
Though not a separate gun offense, the charges will be enhanced if you used a firearm when committing another crime. According to Ohio Incident-Based Reporting System data for 2010-2011, some typical offenses and their respective percentages of all firearm-related crimes are:
- Robbery, 37.2%
- Aggravated Assault, 17.1%
- Intimidation, 5.6%
- Burglary or Home Invasion 2.2%
- Murder 1.9%
The penalties for a conviction vary according to the underlying crime, surrounding circumstances, your criminal history, and many other factors. However, there are mandatory enhancements when the offense involves use of a firearm. Your sentence could increase by 1-7 years for possessing, brandishing, or firing a gun during the commission of a felony.
hat Happens to Your Firearm After an Arrest?
If you’re arrested while carrying a firearm—even lawfully—you may have your weapon confiscated during the arrest. This is especially common if you fail to notify the officer of your concealed carry status or if the gun was improperly stored.
According to §2923.163, law enforcement must log and store the firearm in a way that allows for its return, if you are legally entitled to possess it and your case does not result in forfeiture.
If your request to retrieve the firearm is denied without proper cause, you may be able to petition the court for return, and even seek reimbursement for legal fees.
An experienced Columbus weapons attorney can help you:
- File the correct motions
- Prove your lawful ownership and status
- Resolve complications that could otherwise result in permanent loss of your firearm
Set Up a Free Consultation with Our Gun Charge Attorneys
Your rights and personal freedoms are at stake, so trust the team at Luftman, Heck & Associates LLP to defend your interests. To learn more about how we can help if you’re charged with a in a firearms-related crime, please call (614) 500-3836.
We can schedule a no-cost consultation to review your circumstances and what we can do for you.
Call Now (614) 500-3836