Cincinnati Gun Possession Lawyers

Representation for Individuals Facing Weapons Offenses in Ohio

There are a number of offenses that fall under the umbrella of “weapons crimes” in Ohio. While gun-related crimes are some of the most common weapons offenses, they are not the only ones. Prohibited weapons in the state include certain firearms, knives, and explosives, as well as silencers. Additionally, even if you legally possess a firearm, you may be charged with a weapons offense if you allegedly use that firearm in an illegal way.

Weapons crimes are taken seriously by local and state prosecutors and judges; if you have been arrested or are facing charges, it’s important that you contact a gun possession attorney in Cincinnati, OH right away. L. Patrick Mulligan & Associates, LLC has been defending clients in all types of criminal defense cases throughout Southwest Ohio since 1994. We are prepared to fight for you and your rights.

Call us at (937) 685-7006 or contact us online for a free, confidential consultation with our Cincinnati gun possession lawyer.

Key Aspects of Gun Possession Laws in Ohio

Understanding Ohio's gun possession laws is essential for any gun owner or individual considering firearm use. These laws are designed to regulate how firearms can be carried, owned, and used within the state. Here are the key aspects:

• Legal Ownership: Individuals must be at least 21 years old to purchase a handgun from a licensed dealer. To possess firearms, individuals must not be prohibited due to felony convictions, domestic violence offenses, or certain mental health adjudications.
• Concealed Carry Licenses: Ohio requires individuals to obtain a concealed carry license (CCW) to carry a concealed weapon. Applicants must complete a training course, pass a background check, and submit an application to their local sheriff’s office.
• Open Carry: Open carry of firearms is generally permitted in Ohio without a permit, provided the individual is legally allowed to possess a firearm. However, certain locations, such as schools and government buildings, prohibit open carry.
• Transporting Firearms: When transporting firearms in a vehicle, they must be unloaded and stored in a designated area, such as the trunk or a locked case.
• Prohibited Areas: Firearms are prohibited in specific locations, including:
  • Schools and daycare facilities
  • Government buildings
  • Private property where firearms are prohibited
  • Airports beyond security checkpoints
• Firearm Registration: Ohio does not require the registration of firearms. However, gun owners must adhere to all laws regarding possession and use.
• Prohibitions on Certain Firearms: Ohio law restricts the possession of certain types of firearms, such as automatic weapons and short-barreled shotguns, unless the individual has obtained the necessary permits.
• Background Checks: Background checks are required for all gun purchases from licensed dealers. Private sales do not require a background check, although it's advisable for sellers to verify the buyer's eligibility.

Types of Weapons Offenses in Ohio

Ohio is an open-carry state, meaning you do not need a license to buy or openly carry a firearm. That being said, state law governs who may or may not own a firearm and certain weapons (as discussed above) are always prohibited. For example, those convicted of violent felonies and/or drug felonies may not possess a firearm or certain other weapons.

Our Cincinnati gun possession lawyers represents clients in a wide range of weapons-related criminal offenses, including:

• Carrying a concealed firearm/weapon without a license
• Unlawful possession of a firearm/weapon
• Possessing a prohibited weapon (such as an automatic firearm, ballistic knife, grenade, etc.)
• Selling or furnishing a firearm to a minor (under the age of 18)
• Possessing, selling, or distributing a deadly weapon on school property
• Possessing a firearm in a bar or another facility where alcohol is sold
• Defacing a firearm (removing the serial number, making modifications, etc.)
• Committing a violent crime using a firearm or another deadly weapon

Because the crimes that fall under weapons offenses range so greatly, and due to the nearly innumerable outstanding factors that may come into play, the penalties associated with weapons crimes also vary greatly.

However, these are nearly always serious crimes, and a conviction could result in steep fines, jail or prison time, fees, mandatory probation, and more. You may also lose your right to own a firearm if you are convicted of a weapons offense.

Potential Penalties For Unlawful Gun Possession in Ohio

The consequences of a gun possession conviction can be severe, ranging from fines to incarceration. The penalties vary based on the specific charge:

• Misdemeanor Charges: Generally, misdemeanors can result in fines up to $1,000 and potential jail time of up to six months.
• Felony Charges: Felony convictions carry harsher penalties, including fines that can exceed $10,000 and prison sentences ranging from one year to several years, depending on the degree of the felony.
• Loss of Rights: A conviction can also lead to the loss of your right to possess firearms in the future, further complicating your legal standing.

Given these potential consequences, it is crucial to have a strong defense in place.

Defense Strategies for Gun Possession Cases

An effective defense against gun possession charges can take many forms, depending on the specific facts of your case. Common strategies include:

• Challenging the Legality of the Stop or Search: If law enforcement conducted an illegal stop or search, any evidence obtained may be inadmissible in court.
• Proving Legal Possession: Demonstrating that you were legally permitted to possess the firearm can be a strong defense, especially if you have a valid concealed carry permit.
• Lack of Knowledge: If you were unaware that a firearm was present or accessible, this may serve as a defense against unlawful possession charges.
• Challenging Witness Credibility: If there are witnesses involved in the case, questioning their credibility can undermine the prosecution’s argument.
• Demonstrating Compliance with the Law: If you can prove that you were following all applicable laws regarding firearm possession and use, this can strengthen your defense.

Each case is unique, and a tailored defense strategy is critical for achieving the best outcome.

Put 50+ Years of Combined Experience in Your Corner

L. Patrick Mulligan & Associates, LLC is equipped to aggressively defend you and your rights in the face of serious weapons crime allegations.

Our founding attorney, L. Patrick Mulligan, is one of just 24 attorneys in Ohio to be Board Certified as a Criminal Law Specialist by the National Board of Trial Advocacy. This distinction illustrates his expertise in criminal law, expertise that he is prepared to put to work for you.

Additionally, our entire legal team has over 50 years of collective experience—we know the criminal process, and we know how to fight for you. Reach out to our gun possession lawyers Cincinnati, OH today to find out how we can assist you with your case.

For a free and confidential case review, call (937) 685-7006 or contact us online today.