Unlawful Possession of a Firearm in Columbus, OH

If you have been charged with weapons under disability in Columbus, Ohio, it is critical that you contact a defense attorney right away. A weapon under disability charge (often shortened to “WUD”) is a third-degree felony under Ohio Revised Code § 2923.13, and prosecutors in Franklin County treat it as a priority case. A conviction can mean prison time, the permanent loss of your firearm rights, and lasting consequences for your job, housing, and immigration status.

Many people charged with WUD are surprised by the charge itself. They did not realize that a prior drug felony, an active protection order, or even a pending indictment could make it illegal for them to possess a firearm. Whatever your situation, you deserve a defense attorney who understands both the Ohio statute and the federal firearm laws that often run alongside it.

Call Luftman, Heck & Associates at (614) 500-3836 or contact us online. We offer free initial consultations and are available 24/7 to discuss your case with one of our award-winning Columbus criminal defense attorneys.

What Is a Weapon Under Disability Charge in Ohio?

Ohio law uses the phrase “having weapons while under disability” to describe the crime of possessing, carrying, using, or acquiring a firearm or dangerous ordnance when you fall into one of the categories listed in ORC § 2923.13. The “disability” is the legal status that strips you of your right to possess a firearm. It is not a physical disability.

Under Ohio’s permitless carry law (Senate Bill 215, effective June 13, 2022), most law-abiding adults no longer need a license to carry a concealed handgun. However, permitless carry only helps people who are legally allowed to possess a firearm in the first place. If you are under a disability, the new law does nothing for you. You can still be charged with WUD for carrying or even owning a gun.

The Five Disabilities Under ORC § 2923.13

The Ohio statute lists specific categories of people who cannot possess a firearm. If any of the following apply to you, you are “under disability” for firearm purposes:

• Felony offense of violence (ORC § 2923.13(A)(2)): A prior conviction for, or current indictment for, any felony offense of violence. Examples include felonious assault, aggravated robbery, kidnapping, and arson. Being under indictment alone is enough. You do not have to be convicted yet.
• Felony drug offense (ORC § 2923.13(A)(3)): A prior conviction for, or current indictment for, any felony drug offense under Ohio or federal law. A misdemeanor drug case does not trigger this disability, but felony trafficking or felony possession does.
• Drug dependence or chronic alcoholism (ORC § 2923.13(A)(4)): An adjudication or finding that you are drug dependent, in danger of drug dependence, or a chronic alcoholic.
• Mental incompetence or mental institution commitment (ORC § 2923.13(A)(5)): A court adjudication that you are mentally ill subject to court order, mentally incompetent, or a finding that you were involuntarily committed to a mental institution.
• Fugitive from justice (ORC § 2923.13(A)(1)): You are a fugitive from justice on an active warrant.

Protection Orders Also Create a Disability

One of the most overlooked categories: being subject to a Civil Protection Order (CPO) or a Domestic Violence Civil Protection Order (DVO) can prohibit you from possessing a firearm. If a Franklin County judge has issued a protection order against you, possessing a gun during the term of that order can result in a WUD charge, even if you have no prior criminal record. Many clients learn this for the first time after an arrest. If you are facing a CPO or DVO hearing, ask your attorney how it will affect your firearm rights before the order is issued.

Unloaded and Inoperable Firearms Still Count

A common misconception is that a gun has to be loaded or working to support a WUD charge. Ohio law disagrees. Under ORC § 2923.11, a “firearm” includes any deadly weapon capable of expelling a projectile by the action of an explosive or combustible propellant. It also includes a firearm that is inoperable but can readily be rendered operable.

In practical terms, that means the prosecution does not have to prove the gun was loaded, that it had been fired recently, or that it worked at the moment of the arrest. As long as the gun could reasonably be made functional, it qualifies as a firearm for the WUD statute. Antiques, decorative replicas, or guns that have been permanently altered to be non-functional can sometimes be excluded, but that determination is heavily fact-specific and usually requires expert analysis.

Dangerous Ordnance and Other Weapons

ORC § 2923.13 covers more than handguns and rifles. The statute also reaches “dangerous ordnance,” which includes:

• Firearm mufflers and silencers
• Zip-guns and homemade firearms
• Automatic firearms and machine guns
• Sawed-off shotguns or rifles below statutory length
• Explosive devices, including improvised explosives
• Ballistic knives
• Weapons manufactured for military purposes

Possession of dangerous ordnance can trigger additional charges beyond WUD, often with mandatory prison time and enhanced sentencing specifications.

Penalties for Weapons Under Disability in Ohio

Having weapons while under disability is a felony of the third degree (F3). Under ORC § 2929.14, as updated by Ohio’s Reagan Tokes Act, an F3 carries a definite prison term of 9, 12, 18, 24, or 36 months. The judge selects the term from that range based on the facts of the case, your prior record, and any mitigating or aggravating factors. The maximum fine is $10,000.

Other consequences of a WUD conviction can include:

• Community control (probation) with conditions such as electronic monitoring, drug testing, or treatment
• Court-ordered alcohol or drug treatment
• Suspension of your driver’s license
• Loss of professional licenses
• Immigration and naturalization consequences for non-citizens
• Permanent disqualification from owning firearms unless rights are formally restored

If you were on probation, parole, or post-release control at the time of the arrest, you can also face a violation in that case, which can mean additional prison time stacked on top of the new charge.

Federal Consequences: 18 U.S.C. § 922(g)

A WUD arrest in Columbus is not always limited to state court. The federal Gun Control Act, codified at 18 U.S.C. § 922(g), prohibits the same general categories of people from possessing a firearm or ammunition that has moved in interstate commerce. Almost every modern firearm meets that interstate commerce requirement.

When federal investigators are involved (ATF, FBI, or DEA), or when the firearm or ammunition crossed state lines, the U.S. Attorney’s Office for the Southern District of Ohio may pursue federal charges instead of, or in addition to, the state WUD case. Federal sentences are typically more severe. A standard violation of 18 U.S.C. § 922(g) can carry up to 10 years in federal prison, and an Armed Career Criminal Act enhancement under 18 U.S.C. § 924(e) can trigger a 15-year mandatory minimum for defendants with three qualifying prior convictions.

If your case has any federal connection, your defense strategy needs to account for both the state and federal exposure from day one. We work with clients to understand which forum is more likely and how to address each.

Restoring Gun Rights After a Disability

Clients almost always ask whether they will ever be able to own a firearm again. The answer depends on which disability applies and whether federal law also restricts you.

• Ohio relief from disability (ORC § 2923.14): Ohio law allows a person to petition the court of common pleas in the county where they live for relief from firearm disability. The court can grant relief if you have led a law-abiding life since discharge, you are not otherwise prohibited, and granting relief would not be against the public interest. This procedure can lift the Ohio disability, but it does not automatically remove a federal prohibition.
• Ohio gubernatorial pardon: A pardon from the Governor of Ohio can also restore certain rights and remove the underlying disability.
• Federal prohibition under 18 U.S.C. § 922(g): Even after Ohio restores your rights, federal law may still bar you from possessing a firearm. There is currently no functional administrative process for federal relief from disability for most categories. This is one of the most counterintuitive aspects of firearm law, and it is why an Ohio restoration is not the end of the analysis.

If you are considering a relief from disability petition, we can review your record and explain what is realistic in your situation.

Defending a Weapon Under Disability Charge

The prosecution carries the burden of proving every element of the WUD charge beyond a reasonable doubt. To convict, the state must prove that you knowingly possessed a firearm or dangerous ordnance and that you were under one of the statutory disabilities at the time. Knowledge is critical: the state must show you knew, or had reason to know, of the disability.

Common defenses our Columbus criminal defense attorneys evaluate include:

• Lack of knowing possession: The firearm was not yours, you did not know it was in the vehicle or location, or you had no control over it.
• Lack of knowledge of the disability: You did not know the underlying conviction or order placed you under disability. This is most common in protection-order cases and cases involving out-of-state convictions.
• Fourth Amendment violations: The traffic stop, search, or seizure that produced the firearm was unlawful. Evidence obtained from an illegal search can be suppressed.
• Miranda and statement issues: Statements you made were not properly Mirandized or were the product of coercion.
• Chain of custody and lab issues: Problems with the handling, storage, or testing of the firearm or evidence.
• The “firearm” definition: The item in question does not meet the statutory definition of a firearm or dangerous ordnance.
• Relief already granted: Your firearm rights had been restored, or your underlying disability had been removed, before the arrest.

Because WUD cases often start with a traffic stop or a search incident to another arrest, the Fourth Amendment is frequently the strongest line of defense. We file motions to suppress when the facts support them, and we are prepared to take a case to trial when negotiations do not produce a fair outcome.

Frequently Asked Questions About Weapons Under Disability in Ohio

What is a weapon under disability charge in Ohio?

A weapon under disability charge, codified at ORC § 2923.13, is a third-degree felony for possessing, carrying, using, or acquiring a firearm or dangerous ordnance when you fall into one of the statute’s restricted categories. Those categories include a prior or pending felony offense of violence, a prior or pending felony drug offense, a drug dependence or chronic alcoholism finding, a mental incompetence adjudication or mental institution commitment, and being a fugitive from justice. Being subject to a civil or domestic violence protection order can also create a disability.

What are the penalties for weapon under disability in Ohio?

WUD is a third-degree felony. Under Ohio’s Reagan Tokes Act, an F3 carries a definite prison term of 9, 12, 18, 24, or 36 months and a maximum fine of $10,000. Additional consequences can include community control, mandatory treatment, loss of professional licenses, immigration consequences for non-citizens, and the permanent loss of firearm rights absent formal restoration.

Does a civil protection order prevent me from owning a gun in Ohio?

Yes. Being subject to a Civil Protection Order (CPO) or a Domestic Violence Civil Protection Order (DVO) can create a disability under ORC § 2923.13, prohibiting you from possessing a firearm while the order is in effect. If a Franklin County judge issues a protection order against you, you should surrender any firearms and stop carrying immediately, and you should ask your attorney whether the order will be reported to law enforcement databases.

Does Ohio’s permitless carry law help if I have a prior felony?

No. Senate Bill 215, effective June 13, 2022, removed the license requirement for most adults who are legally allowed to possess a firearm. It did not change who is allowed to possess a firearm. If you have a qualifying prior felony, an active indictment for a felony offense of violence, a protection order, or any of the other disabilities listed in ORC § 2923.13, you remain prohibited and can be charged with WUD for carrying a gun.

Can I get my gun rights back after a weapon under disability conviction?

Possibly. Ohio law allows a relief from disability petition under ORC § 2923.14 in the county of common pleas where you reside, and a gubernatorial pardon can also restore certain rights. However, Ohio restoration does not automatically remove the parallel federal prohibition under 18 U.S.C. § 922(g). Before assuming you can lawfully own a firearm again, talk to a Columbus criminal defense attorney who can review both your state and federal status.

Contact a Columbus Weapon Under Disability Attorney Today

A weapons under disability charge is a serious felony, and the federal exposure that often accompanies it makes the stakes even higher. Whether you are facing a first arrest, a pending indictment, or a protection-order issue you did not realize affected your gun rights, the team at Luftman, Heck & Associates is ready to help. We have more than a decade of experience defending firearm cases in Franklin County and across central Ohio, and we are proud of our 500+ five-star client reviews.

Call (614) 500-3836 24/7 or complete our contact form to schedule your free consultation. You can also learn more about related charges, including carrying concealed weapons and felony defense in Ohio.