§ 2923.13. Having weapons while under disability. Show (A) Unless relieved from disability as provided in section 2923.14 of the Revised Code, no person shall knowingly acquire, have, carry, or use any firearm or dangerous ordnance, if any of the following apply: (1) The person is a fugitive from justice. (2) The person is under indictment for or has been convicted of any felony offense of violence or has been adjudicated a delinquent child for the commission of an offense that, if committed by an adult, would have been a felony offense of violence. (3) The person is under indictment for or has been convicted of any offense involving the illegal possession, use, sale, administration, distribution, or trafficking in any drug of abuse or has been adjudicated a delinquent child for the commission of an offense that, if committed by an adult, would have been an offense involving the illegal possession, use, sale, administration, distribution, or trafficking in any drug of abuse. (4) The person is drug dependent, in danger of drug dependence, or a chronic alcoholic. (5) The person is under adjudication of mental incompetence, has been adjudicated as a mental defective, has been committed to a mental institution, has been found by a court to be a mentally ill person subject to hospitalization by court order, or is an involuntary patient other than one who is a patient only for purposes of observation. As used in this division, "mentally ill person subject to hospitalization by court order" and "patient" have the same meanings as in section 5122.01 of the Revised Code. (B) Whoever violates this section is guilty of having weapons while under disability, a felony of the third degree. HISTORY: 134 v H 511 (Eff 1-1-74); 146 v S 2. Eff 7-1-96; 150 v H 12, § 1, eff. 4-8-04. See the provisions of §§ 6 and 7 of H.B. 12 (150 v - ) following RC § 2923.12. Not analogous to former RC § 2923.13 (GC § 13421-24; 108 v PtI, 189; Bureau of Code Revision, 10-1-53; 126 v 575), repealed 134 v H 511, § 2, eff 1-1-74. Analogous to former RC § 2923.56 (133 v H 484), repealed 134 v H 511, § 2, eff 1-1-74. The effective date is set by section 6 of SB 2. Effect of Amendments H.B. 12, Acts 2004, effective April 8, 2004, added "has been adjudicated ... Revised Code" to the end of (A)(4); deleted (B) and redesignated former (C) as present (B); and deleted "A violation of division (A) of this section is a felony of the fifth degree. A violation of division (B) of this section is" preceding "a felony" in present (B). 19xx Committee Report or Comment. 1974 Committee Comment to H 511 This section is similar to a former prohibition against weapons in the hands of bad risks, including fugitives, certain felons, drug dependent persons, alcoholics, and mental incompetents. The section expands upon the former law by including within the prohibition persons under indictment for or who have been convicted of, or who have been adjudged juvenile delinquent for, any felony of violence or any drug abuse offense. The section also expands upon former law by including not only firearms but all dangerous ordnance within its purview. Having weapons while under disability is a felony of the fourth degree. Disclaimer: These codes may not be the most recent version. Ohio may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources. (A) Unless relieved from disability under operation of law or legal process, no person shall knowingly acquire, have, carry, or use any firearm or dangerous ordnance, if any of the following apply: (1) The person is a fugitive from justice. (2) The person is under indictment for or has been convicted of any felony offense of violence or has been adjudicated a delinquent child for the commission of an offense that, if committed by an adult, would have been a felony offense of violence. (3) The person is under indictment for or has been convicted of any felony offense involving the illegal possession, use, sale, administration, distribution, or trafficking in any drug of abuse or has been adjudicated a delinquent child for the commission of an offense that, if committed by an adult, would have been a felony offense involving the illegal possession, use, sale, administration, distribution, or trafficking in any drug of abuse. (4) The person is drug dependent, in danger of drug dependence, or a chronic alcoholic. (5) The person is under adjudication of mental incompetence, has been adjudicated as a mental defective, has been committed to a mental institution, has been found by a court to be a mentally ill person subject to court order, or is an involuntary patient other than one who is a patient only for purposes of observation. As used in this division, “mentally ill person subject to court order” and “patient” have the same meanings as in section 5122.01 of the Revised Code. (B) Whoever violates this section is guilty of having weapons while under disability, a felony of the third degree. (C) For the purposes of this section, “under operation of law or legal process” shall not itself include mere completion, termination, or expiration of a sentence imposed as a result of a criminal conviction.
If you face illegal possession of firearm charges in Columbus, Ohio, it is critical that you contact a defense attorney for help. Convicted felons are already scrutinized. And if you’re arrested for possession of a firearm by a convicted felon, the state will likely try to ensure you receive a conviction with a harsh sentence. Don’t trust your defense to a public defender or try to handle things alone. Get the defense you deserve from a private criminal defense lawyer. At Luftman, Heck & Associates, we are passionate about helping people avoid life-changing convictions. Your gun charge lawyer will analyze the evidence to formulate a defense strategy that is sure to result in an acquittal. Call LHA at (614) 500-3836 or contact us online. We offer free initial consolations and are available 24/7. Unlawful Possession of Firearm ChargesOhio law recognizes the constitutional right for individuals to own guns. But under the law, convicted felons do not have the right to own firearms. Sometimes referred to as having a weapon under disability, “unlawful possession of a firearm” could destroy the life you have worked so hard to rebuild. ORC §2923.13 states that a person cannot get, have, carry, or use a firearm or other weapon if any of the following apply:
As you can see, there are several situations in which you could be stripped of your right to have a firearm or other “dangerous ordnance.” Examples of dangerous ordnance under Ohio law include:
The weapons crime charges you could face if you are accused of possession of a firearm by a convicted felon could have a devastating impact on your life. A gun charge lawyer could make all the difference in the outcome of your case. When Possession of a Firearm by a Felon Charges Apply?Few convicted felons will risk facing additional charges after they have done their time. But not every convicted felon understands their rights. Many convicts will try to go on with their lives. They are unaware of how their rights have changed since their conviction. So, when they are arrested years later for trying to buy a firearm, they may be surprised and confused. If this sounds like what you are going through, you are not alone. You may not have fully understood your rights. But that doesn’t mean your freedom should be taken away again. An aggressive defense is the best way to clear your name and avoid another conviction. Penalties For a Possession of a Firearm By a Felon ConvictionUnlawful possession of a firearm by a convicted felon is a severe offense in Ohio. The state makes this a third-degree felony. These are punishable by a maximum prison term of five years. You could be ordered to pay fines as high as $10,000 as well. Other criminal penalties you could deal with include: If you were on probation or parole at the time of your arrest, you would likely have violated the terms of your release. You could be re-arrested and be incarcerated for the remainder of your original sentence. This will also be in addition to the charges you will face for possessing an illegal firearm. Defending Against Gun Possession ChargesPresenting a compelling defense is essential if you hope to avoid being found guilty of the charges against you. The state’s prosecuting attorney has the burden of proof. They must prove beyond a reasonable doubt that you are guilty. It is our job to make sure the judge and jury doubt that you are guilty. To obtain a conviction for unlawful possession of a firearm by a convicted felon, the state must prove that you knew you had an illegal gun. They will also need to show that you knew you should not have had a gun or weapon as a convicted felon. There are several possible ways to defend your case. Some of the more common defenses used in unlawful possession of a firearm case include:
Your weapons charge lawyer will carefully examine the details of your case. We can help you devise a strategic defense. The jury will have no other choice but to deliver a “not guilty” verdict. Contact a Gun Charge Lawyer in OhioAre you facing gun charges? Possession of a firearm by convicted felon penalties is harsh. Don’t let your freedom be taken away. Get help preparing a powerful defense strategy. Contact a respected Ohio gun charge lawyer at Luftman, Heck & Associates. Schedule your free consultation today. Call (614) 500-3836 24/7 or complete our contact form to get started. |
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