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Weapons Charges Defense Attorney in Dayton, OH

Weapons Charges Defense Attorney in Dayton, OH

Do you need an effective defense against weapons charges? Our Dayton gun charge lawyer will vigorously defend you against the charges you face. Feel free to contact us.

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Seasoned Dayton Weapons Charges Lawyers

The seasoned Dayton weapons charge lawyers at Gounaris Abboud have the experience, skill, and compassion to effectively represent you in all manner of issues relating to weapons and weapons charges. If you have been arrested by a law enforcement officer or otherwise charged with a weapons crime, don’t hesitate to seek out the right professional to defend your freedom and liberties.

From weapons charges to charges involving the use of a weapon in the commission of another crime, our team handles it all. Whether you are in Dayton or anywhere else in Montgomery County, call for a free consultation today.

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Overview of Ohio Weapon Laws

Ohio weapons laws are notoriously complex and regularly undergo revisions. If you are dealing with Ohio weapons charges, you are strongly recommended to seek a professional with a keen legal eye to represent you.

Ohio weapons laws cover a variety of different actions and behaviors. The following is a basic rundown of some of the issues involved in weapons laws and charges:


Concealed Weapon Carry Permits

Ohio residents have the right to pursue a concealed handgun license through their local county sheriff. Concealed carry licenses are not absolute and do not allow concealed weapons at schools, airports, or government buildings. See Ohio Revised Code § 2923.12 for more information.


Open Carry

People may openly carry firearms in public in many places, except schools, government buildings, and airports.


Possession of Firearms

Individuals must be 18 years old to independently possess a firearm. For minors, firearms possession is allowed only for hunting or under adult supervision.


Assault-Style Weapons

In Ohio, there is no specific state ban on assault-style weapons. However, federal laws and restrictions exist that control assault rifles. More information can be found under the Ohio Revised Code § 2923.13.


Stand Your Ground Law

A person may avail themselves of a self-defense argument for the use of deadly force with a firearm when they reasonably believe they are facing a threat of death or great bodily injury. There is no duty to retreat in Ohio, meaning Ohio is a state that follows stand-your-ground rules. You can find more details in the Ohio Revised Code § 2901.09.


Criminal Background Checks

Gun sales are regulated in part by criminal background checks, which are mandatory for gun transactions involving licensed dealers. Sales between individuals do not require background checks.


Prohibited Individuals

Ohio law restricts certain people from possessing a firearm, including convicted felons, mentally incompetent individuals, and those on probation. The Armed Career Criminal Act, a federal law, also prohibits felons from possessing an unloaded or loaded firearm.

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Common Weapons Charges in Dayton, Ohio

Ohio criminal statutes detail and provide punishments for a variety of actions relating to weapons. Generally, weapons crimes are charged as a felony or a misdemeanor and typically involve possession, sale, purchase, or carrying issues.

Unlawful Carry of a Concealed Weapon

O.R.C. § 2923.12: Ohio residents can legally carry a concealed weapon without a permit if over 21 and not prohibited from doing so. The option of acquiring a concealed carry license also exists. Regardless, Ohio residents are required to follow certain rules while carrying a concealed handgun or face this first-degree misdemeanor charge.

Deadly Weapon in School Safety Zone

O.R.C. § 2923.122: Deadly weapons are not allowed in school safety zones, such as school parking lots, buildings, sports fields, and bus loading zones. They are also prohibited at school activities and events. Even if you have a concealed carry permit, you can be charged with having an illegal firearm in a school safety zone or at a school activity if you do not follow strict procedures. Unfortunately, there is much confusion in this area, leading to unfounded or overzealous charges.

Prohibited Person with Deadly Weapon

O.R.C. § 2923.13: A prohibited person carrying or otherwise possessing a firearm can face third-degree felony charges requiring up to 36 months in prison.

Use of Weapon While Intoxicated

O.R.C. § 2923.15: Using a firearm while intoxicated by alcohol or drugs of abuse is expressly prohibited in Ohio. It is also illegal to carry a firearm while intoxicated, even if you don’t use it.

Improperly Handling Firearms in a Motor Vehicle

O.R.C. § 2923.16: This particular charge covers a wide range of actions relating to the handling of a firearm while in a motor vehicle. It makes it a fourth-degree felony to fire a gun from a motor vehicle, transport an accessible gun, fail to alert law enforcement officers of a gun during a police stop, and other actions.

Firearms Transaction with a Prohibited Person

O.R.C. § 2923.20: You can be charged with a felony if you purchase a handgun from a person who is prohibited from possessing a firearm or selling one to them. You can be charged even if you did not specifically intend to engage in a transaction with said person.

Underage Firearm Violations

O.R.C. § 2923.211; O.R.C. § 2923.21: In Ohio, it is illegal to sell or provide a firearm to a person under the age of 18. It is also prohibited for a minor to purchase or attempt to purchase a firearm. Additionally, handgun transactions, including buying, selling, furnishing, and procuring, are illegal for individuals under the age of 21. Fifth-degree felony charges could result.

Regardless of the charge you are facing, you can rely on the weapons defense attorneys from Gounaris Abboud to put forth a rigorous defense against the charges you face. Our team is ready to meet. Contact us today.

Penalties for Gun Crime Conviction in Ohio

Ohio law imposes serious penalties on those convicted of weapons offenses in the state. Depending on the level of the charge and aggravating factors, a conviction could bring many years in prison and significant fines. In every case, our team fights for the most favorable resolution available.

Offense Degree of Crime Penalties
Transporting a loaded handgun while under the influence of alcohol or drugs. Fifth-degree felony Up to 12 months of incarceration and/or Up to $2,500 in fines
Failing to notify an officer of a concealed handgun license and possession of a concealed handgun, failing to remain in a vehicle and keep hands in plain sight, or disregarding a law enforcement official’s orders. First-degree misdemeanor Up to 180 days of incarceration and/or Up to $1,000 in fines
Unlawful transactions with weapons.
Recklessly furnishing a weapon to a prohibited person. Fourth-degree felony Up to 18 months of incarceration and/or Up to $5,000 in fines
Persuading a firearms dealer or private seller to sell to a prohibited person, providing false information to a firearms dealer or private seller. Third-degree felony Up to 36 months of incarceration and/or Up to $10,000 in fines
Not requiring proper documentation from the transferee when transferring a weapon. Second-degree misdemeanor Up to 90 days of incarceration and/or Up to $750 in fines
Not promptly reporting a loss or theft of a firearm or dangerous ordnance. Fourth-degree misdemeanor Up to 30 days of incarceration and/or Up to $250 in fines
Furnishing firearms to minors. Fifth-degree felony Up to 12 months of incarceration and/or Up to $500 in fines
Underage purchase of a firearm or handgun.
Under 18 years of age. Delinquent act that would be a fourth-degree felony
Under 21 years of age. Second-degree misdemeanor Up to 90 days of incarceration and/or Up to $750 in fines

What Are the Potential Defenses Against Weapon Charges in Ohio?

No Possession

You cannot be convicted of a weapons charge in Ohio if you did not actively or constructively possess a weapon. If possession issues arise, we immediately attack the evidence to show that possession did not occur.


As a stand-your-ground state, Ohio does not require a person to retreat when in fear of their life or serious bodily harm.

Illegal Search and Seizure

Law enforcement officers are bound by the Fourth Amendment when enforcing Ohio gun laws. The amendment requires the police to refrain from unreasonable searches and seizures. When police illegally search and seize evidence, our team fights to have the evidence thrown out.

Miranda Rights Violations

The police are required to advise you of your Miranda Rights during an arrest. If they fail to tell you of these rights, the words you utter during or after your arrest can be excluded from court.

Mistaken Identity

Witness testimony can be extremely unreliable, leading to cases of mistaken identity. Unfair lineup procedures can also cause a witness to identify an innocent person as a suspect. A strong defense in these cases attacks and dismantles the faulty evidence.

Illegal Vehicle Search

The police sometimes overreach when engaged in violent and drug trafficking crime enforcement. When they do, your defense lawyer will seek to hold them accountable and get the evidence excluded.

Due Process Violations

During every interaction with the police, the state must afford you the due process you deserve, from your initial contact until your case is resolved.

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How Can Our Gun Defense Lawyer Help You?

Our Dayton gun defense lawyers use several strategies and methods and call upon years of experience to fight for the optimal resolutions for our clients facing gun charges.


Unparalleled Knowledge

We use our extensive knowledge and experience with Ohio’s weapons laws to attack the prosecution’s case and get you a favorable outcome.


Case Review

We meticulously review every aspect of your case to provide you with the most robust defense based on your circumstances.


Evidence Collection

Our team thoroughly investigates your charges and collects the evidence needed to vigorously defend you.


Fierce Negotiation

We fiercely pursue reduced or dismissed charges and reduced sentences through on-point and effective plea negotiations.


Trial Advocacy

We fight for you at trial before judge and jury to win you an acquittal of the weapons crime charges you face.


Emotional Understanding

We understand the difficulties involved in criminal charges and provide our clients with the compassionate support they need.

Do not hesitate to reach out for a free consultation regarding your weapons charges. Gounaris Abboud is here to listen and fight for you.

Why Choose Our Criminal Defense Lawyers at Gounaris Abboud, LPA?

Five-Plus Decades of Experience

Five-Plus Decades of Experience

Over 50 years of combined experience defending against weapons charges.
Winning Record

Winning Record

Our track record demonstrates our ability to win favorable outcomes for our weapons charge clients.
Tailored Service

Tailored Service

Personalized criminal defense strategies crafted to address the unique aspects of your case.
Fierce Advocacy

Fierce Advocacy

Relentless defense during plea negotiations and trial for optimal results.
Free Consultations

Free Consultations

No-cost initial consultations for new clients facing weapons charges in Dayton or throughout Ohio.
Hear What<span class="subtitle">Our Clients Are Saying</span>

Hear WhatOur Clients Are Saying

I found Gounaris and Abboud through good online reviews. Mr. Abboud handled my cases very professionally for two years. He truly takes his cases to heart and cares about his clients. He keeps you informed and has all the answers to all your questions. You really feel safe with Mr. Abboud as your lawyer. I would highly recommend him to anyone needing professional family law representation.
Patty M.
They did absolutely everything possible to help reduce the sentence and charges faced. The fees for their services were worth every cent and superior to any public defendant representation. They both put their hearts into their work and care like nobody else I have ever encountered in the legal system.
Melinda Q.
Attorney Nick Gounaris handled my case and he did a wonderful job. I am very pleased with this law firm. I have never been in the situation I found myself in ever before and it was scary and confusing, but Nick and his staff were wonderful with answering my many questions and they were very sympathetic and understanding, always quick to respond when I would call. I am happy with the outcome of my case. If you find yourself in a situation that needs legal help, these are the guys to call!
Melinda Q.
I thought I was in a no win situation until I met these gentleman. They are smart, aggressive, dedicated, connected and CAN GET THE JOB DONE.
James O.
They did absolutely everything possible to help reduce the sentence and charges faced. They both put their heart into their work and care like nobody else.
Karis F.
I have never been in the situation I found myself in ever before and it was scary and confusing, but Nick and his staff were wonderful with answering my questions.
Melinda Q.

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If you've been charged with a weapons crime, the story's not over. Our criminal defense attorneys will fight to get you the optimal resolution to your case. Call today!
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What is considered a deadly weapon in Ohio?

Ohio’s definition of a deadly weapon includes more than just firearms. In Ohio, a deadly weapon is any device or instrument that can be used to cause the death of another and that has been adapted or designed to be a weapon.

Under this definition, various objects may be considered dangerous weapons under the right circumstances, including knives, hammers, saws, and bats. Explosives may also be considered deadly weapons in Ohio.

What weapons am I not allowed to buy in Ohio?

Ohio allows you to possess various types of firearms, including rifles, shotguns, handguns, and even 3D-printed guns.

However, there are also quite a few types of firearms and related equipment that are illegal to purchase in Ohio, including:

  • Semi- and fully automatic assault weapons
  • Suppressors or silencers
  • Sawed-off shotguns of certain lengths
  • Firearms lacking serial numbers or with altered serial numbers
  • Devices of destruction

With some of these items, it is possible to get a permit that allows ownership, such as for a machine gun. However, it is very important to follow the acquisition and registration requirements before possessing a generally prohibited item.

Where am I not allowed to bring my gun in Ohio?

In Ohio, you are not allowed to possess or carry a gun in weapon-free zones.

These zones include locations such as:

  • Schools
  • Police precincts
  • Courthouses
  • Government buildings and facilities
  • Airports and airplanes
  • Mental health facilities
  • Private property where firearms are prohibited
  • Childcare and daycare facilities

Keep in mind that concealed carry permits may not allow you to enter these safety zones with a concealed firearm. The law in these matters is constantly being updated.

When is it against the law to have a gun under Ohio law?

There is no absolute right to carry arms in Ohio. The state can and does limit when, where, and who can carry firearms.

Generally, it is prohibited to:

  • Carry a firearm while on parole
  • Carry a firearm while intoxicated
  • Possess a prohibited firearm, such as a machine gun
  • Fire a gun from a car
  • Carry your firearm into a prohibited place
  • Improperly transport your firearm

Failing to abide by these rules can lead to misdemeanor and felony charges.

What if I used my firearm in self-defense?

Ohio has a clear right to self-defense when death or serious bodily injury is threatened. However, if you use your firearm in self-defense, there must be evidence that you reasonably believed that you were at a high risk of imminent serious bodily injury or death.

Keep in mind that felons and other prohibited parties may run into criminal charge issues if they use a gun in self-defense. The state will have questions relating to the possession of the firearm by the prohibited person.