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Weapon Under Disability

Ohio weapons under disability law forbid a person from having, trying to get, carrying or using a weapon if any of the following apply:

  • You’re a fugitive
  • You’re being indicted for a violent crime, you’ve been convicted of a violent crime or as a child you were convicted for what would be considered a violent felony if you had been an adult
  • You’re being indicted or have been convicted for a drug offense, either as an adult or a child
  • You’re a chronic alcoholic, drug dependent, or in danger of drug dependence
  • A judge has either deemed you mentally incompetent, mentally defective or mentally ill and subject to hospitalization, or you are or have been committed to a mental institution

Nearly every day in central Ohio people are charged with having weapons while under disability. Having weapons while under disability is a third degree felony punishable by up to 36 months in prison.

If you are convicted of having weapons while under disability, additional potential issues include:

  • Maintaining your current employment
  • Licensure issues in some professions
  • Difficulty getting a good job in the future
  • Difficulty and possible denial in immigration and naturalization proceedings
Simply put, if you are convicted of having weapons while under disability, it can potentially be on your criminal background for the rest of your life. No matter what the circumstances were in your case, you rightly or wrongly run the risk of being considered someone who is a violent offender. Therefore, it is critical that you give your carrying a concealed weapon charge the level of importance it deserves.

The Columbus Criminal Defense team takes an aggressive and comprehensive approach when representing clients charged with having weapons while under disability. First and foremost, we will figure out what mistakes the police or detectives made during their investigation, whether your arrest was lawful, if there were any problems in the collection, storage or testing of the weapon and any other legal issues that can be raised on your behalf.

We do this by requesting discovery from the prosecutor. The discovery will generally consist of police reports, additional investigative notes, lab reports and potentially video or audio. As our client, you will receive a copy of everything received from the prosecutor for your review

Based on the legal weaknesses in the State of Ohio’s case and any other mitigating factors, we will negotiate the best possible plea available with the prosecutor for you to consider in resolving your case.

If your case cannot be resolved satisfactorily with a plea, it would then proceed to a motion hearing (a hearing where the judge issues a ruling on an evidentiary issue) or a trial to the judge or jury, depending on the circumstances.

For nearly ten years, the Columbus Criminal Defense team has successfully represented clients charged with having weapons while under disability. That extensive previous experience will enable us to better help you.

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If you’ve been charged with having weapons under disability, it’s important to know what you’re up against. If you have any questions left unanswered by this page, or if you need a competent, experienced gun crimes defense attorney to fight for you in court, please contact us at or via email at

This is a felony of the third degree and carries the following penalties:

  • A prison term of nine months to three years
  • A fine of $5,000 to $10,000
Have a question concerning weapons under disability that we didn’t answer below? Feel free to email us or call us and we’ll help you out.

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Luftman, Heck & Associates LLP
580 E Rich St Fl 2
Columbus, OH 43215-5335


FAX: (614) 413-2886