Gun Possession Lawyer
in Dayton, Ohio
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.
Facing Weapon Charges?
Weapons charges can result in lengthy imprisonment, particularly when stacked with other charges. A gun possession lawyer in Ohio from Gounaris Abboud can fight to protect your rights and your future if you’re facing these charges. Contact us today.
Overview of Ohio Weapon Laws
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:
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.
Accused of Weapon Charges in Ohio?
Facing firearms charges can be intimidating. A criminal defense attorney in Dayton, Ohio, from Gounaris Abboud can guide you through the process to gather evidence and tailor a strategy for your case. Contact us today to start building your defense.
What Are the Potential Defenses
Against Weapon Charges in Ohio?
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.
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.
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.
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.
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.
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.
Common Weapons Charges in Dayton, Ohio
The U.S. Constitution guarantees the right to bear arms. However, state and federal governments retain the authority to regulate many aspects of gun ownership to protect the public.
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.
O.R.C. § 2923.24 prohibits anyone from possessing criminal tools. A police officer typically uses this charge to arrest someone with lock picks or card skimmers. But the law also prohibits possession of dangerous ordnance and materials or parts to make it.
Dangerous ordnance includes:
- Automatic weapons
- Sawed-off firearms
- Zip-guns
- Ballistic knives
- Military firearms
- Firearm silencers and suppressors
You also cannot possess parts to convert a legal firearm into dangerous ordnance.
O.R.C. § 2923.201 covers defacing firearms or possessing firearms that have been altered to remove any of the following information:
- Manufacturer
- Model
- Manufacturer’s serial number
- Other marks of identification on a firearm
This law is intended to ensure that firearms remain traceable. If a firearm is used to commit a crime, the police use this information to try to determine the weapon’s source.
Ohio law addresses activities involving firearms and watercraft. O.R.C. §1547.69 prohibits:
- Discharging a firearm on a vessel
- Transporting an accessible firearm on a vessel
- Transporting a loaded weapon on a vessel
- Transporting a weapon without storing it in a closed case or in plain sight with the bolt open
The law exempts hunters and police officers.
O.R.C. § 2923.161 criminalizes discharging a firearm in the following places:
- At or into a permanently or temporarily occupied structure
- At, in, or into a school safety zone
- Within 1,000 feet of a school building to harm someone, cause panic, or trigger an evacuation
Vehicles and RVs are considered occupied structures if someone lives there, even if no one was present when the firearm was discharged.
O.R.C. § 2923.123 blocks anyone from carrying or possessing a deadly weapon or dangerous ordnance in a courtroom. The law exempts judges and law enforcement officers and allows government employees and prosecutors to carry a firearm in a courthouse if they have been approved to do so.
O.R.C. § 2923.121 restricts anyone from possessing a firearm in an establishment with a liquor license. This law has several exceptions, including concealed handgun license holders and law enforcement officers, as long as they are not drinking. The law also only applies to public areas, like bars and lobbies, and not hotel rooms.
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.
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.
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.
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.
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.
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.
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.
Ohio Firearm Laws: Locations Where Concealed Carry Is Prohibited
Ohio law establishes a process for obtaining a concealed handgun license. Once you have this license, you can carry a concealed handgun on your body or in your vehicle. However, the law limits carrying concealed weapons in certain “forbidden-carry” locations. These locations include the following:
- Police stations, sheriff’s offices, and highway patrol posts
- Premises controlled by the Ohio Bureau of Criminal Investigations
- Correctional facilities, specifically jails and prisons
- Airport terminals or airplanes beyond screening checkpoints
- Mental hospitals or facilities
- Courthouses
- Universities
- Places of worship, unless approved by the church
- Government facilities other than rest stops and parking structures
- School safety zones
School safety zones include schools, school buses, and school premises up to the property boundaries. Any place where a school activity is conducted can also be considered a school zone.
The law contains an exception for people with concealed carry licenses, though. Under the law, a person with a permit can take a concealed firearm into a school safety zone if they leave the concealed weapon in a locked vehicle.
Employers and property owners can prohibit firearms on their premises. This restriction applies to people carrying a concealed weapon with a permit. However, someone with a concealed weapon permit can comply with the restriction by storing the firearm in a locked trunk, glove box, or container in their vehicle.
Gun Specifications
in Ohio
A “gun specification” is Ohio’s version of “firearms enhancements.” This means that someone who commits a crime can face more severe punishment if they use a gun.
Prosecutors must prove the defendant committed the underlying crime and that a gun was involved. If they only prove the underlying crime, the defendant faces the base sentence. But if they prove both the crime and use of a gun, Ohio law allows the judge to add the following time to the base sentence:
- One year, if you possess firearms while committing a felony
- Three years, if you brandish or display firearms during a felony
- Five years, if you discharge guns from a motor vehicle during a felony
- Six years, if you use an automatic weapon or silencer while committing a felony
Criminal lawyers in Dayton, Ohio, can defend against both the base offense and the gun specification.
Common Federal Gun Crimes
Gun laws at the federal level often cover interstate activity, like gun trafficking, and the use of guns while committing another federal offense. Federal laws also set the standards for defining the people prohibited from owning, buying, or possessing firearms.
Federal investigators tend to focus on criminal enterprises when investigating firearms offenses. Gangs, career criminals, and organized crime groups are often targeted using federal firearms laws.
However, even a single transaction can attract the attention of the FBI or ATF. For example, a firearms dealer who failed to conduct a background check before selling a gun could face the full weight of the federal government pursuing charges. In these cases, criminal attorneys in Dayton, Ohio, must have the experience and resources to stand up to the U.S. Department of Justice.
Collateral Consequences of Weapons Charges in Ohio
The collateral consequences of weapons charges can be numerous in Ohio. These charges can cost your freedom. But you can also face significant fines, and you may be supervised by a probation or parole officer for months or years after your incarceration.
If you were convicted of a felony, you would lose your right to own, possess, or use a firearm, even for hunting. A misdemeanor crime or technical violation of a concealed weapon permit can also affect almost every facet of your life.
You will have a permanent criminal record, meaning your conviction could be found by anyone conducting a criminal background check, including employers, educational institutions, and landlords. Certain countries, like Canada, could prohibit you from entering.
Many private employers, government employers, and even the United States Armed Forces will not accept you after a criminal conviction, particularly if it involves felony offenses. A firearm conviction can also jeopardize professional licenses like those required for lawyers, contractors, and doctors.
Depending on the offense and the severity of the charge, you may become ineligible for certain government programs, such as public housing or financial assistance. A green card or immigration visa holder risks deportation after a gun crime conviction.
U.S. laws block gun ownership or possession by a prohibited person, including any of the following:
- Convicted felons
- Anyone under indictment for a crime punishable by at least one year of imprisonment
- Fugitives from justice
- Unlawful drug users and addicts
- People adjudicated as mentally “defective” or committed to a mental institution
- Illegal aliens
- Veterans who received a dishonorable discharge
- Former U.S. citizens who renounced their citizenship
- Anyone subject to a domestic violence restraining order
- People convicted of misdemeanor or felony domestic violence
The law prohibits these people from knowingly engaging in certain activities involving firearms.
These activities can include:
- Shipping
- Transporting
- Receiving
- Possessing
Such restrictions also apply to ammunition. Thus, you can face imprisonment or other penalties for buying a box of shotgun shells if you are a prohibited person.
You cannot steal guns, ammunition, or explosives from a licensed firearms dealer. You also cannot knowingly receive these stolen items, even if you did not steal them.
Like Ohio’s laws, U.S. laws prohibit possessing a firearm in a school zone. This gun offense is punishable by up to five years in prison.
The U.S. Code prohibits anyone from manufacturing or possessing firearms with obliterated serial numbers or machine guns manufactured after 1986.
On the other hand, someone can own the following types of weapons if they are registered on the National Firearms Registration and Transfer Record:
- Short-barreled shotguns less than 26 inches overall or with a barrel less than 18 inches
- Short-barreled rifles less than 26 inches overall or with a barrel less than 16 inches
- Machine guns manufactured before 1986
- Rocket or grenade launchers
- Silencers
- Bombs, grenades, missiles, or rockets that are explosive, incendiary, or contain poison gas
- Mines
The punishment for these offenses depends on the weapon possessed and whether it was used to commit a violent crime or drug offense. The most severe punishments include up to ten years of imprisonment.
If federal prosecutors have indicted you for a drug felony, they can seek enhanced penalties by also accusing you of using or carrying a firearm in furtherance of the drug offense. “Using” and “carrying” are broad terms that courts have interpreted to include the following gun-related acts:
- Brandishing
- Displaying
- Battering or striking with
- Firing or attempting to fire
Federal courts also recognize the “fortress theory” when the defendant stores a gun in the building where they keep drugs. According to this legal theory, having a gun where the defendant stores drugs technically helps protect the drug stash, even if it is not readily accessible during any transactions.
Thus, the defendant “uses” the gun in furtherance of the drug trade, despite not holding or showing it while buying or selling drugs.
If you fall into one of the prohibited person categories, the U.S. can prosecute you for simply possessing or even having access to a gun. If you have three or more convictions for serious drug crimes or violent felony offenses, prosecutors can request that you be sentenced as an armed career criminal. The minimum mandatory sentence is 15 years in prison.
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.
Why Choose Our Criminal Defense Lawyers at Gounaris Abboud, LPA?
Five-Plus Decades of Experience
Over 50 years of combined experience defending against weapons charges.
Winning Record
Our track record demonstrates our ability to win favorable outcomes for our weapons charge clients.
Tailored Service
Personalized criminal defense strategies crafted to address the unique aspects of your case.
Fierce Advocacy
Relentless defense during plea negotiations and trial for optimal results.
Free Consultations
No-cost initial consultations for new clients facing weapons charges in Dayton or throughout Ohio.
The Defenders to
Stand Behind You
Nicholas G. Gounaris
Founding Partner
- With more than 20 years of experience Mr. Gounaris has successfully tried cases in Municipal, State and Federal Courts.
- In the past he’s acted in the capacity of prosecutor, magistrate and acting Judge. As such, Mr. Gounaris is able to understand legal issues from many different vantage points and that experience has proved invaluable in assisting his clients.
Antony Abboud
Founding Partner
- A seasoned lawyer and former prosecutor Antony “Tony” Abboud is named to the list of the Top 100 Trial Lawyers by The National Association Trial Lawyers.
- He has also received a 10.0 “Superb” rating by Avvo, which is an attorney rating website recognized around the nation.
Our Success Stories
College Student Was Facing Rape and Sexual Assault Charges Pre-Indictment
Client received a diversion program and avoided any felony charges, prison and sex offender charges as Gounaris Abboud was able to begin representation prior to Grand Jury Indictment and was able to provide vital information to show discrepancies in the statement of the complaining witness
Testimonials
Jennifer Dailing
I can’t thank Nick Gounaris and his staff (Especially Kelsea Maxwell) enough for the help my son received. This office is very professional, kind, and nonjudgemental. They go above and beyond to help. When Nick tells you he will do everything he can to help your situation, he does!!! If I ever need an attorney, he will be the person I see without a second thought.
If I could give 10 stars I would!!! Thank you for all you do!!!!!!
Jennifer *
There are simply not enough stars to leave for Tony and his paralegal, Michelle. I found myself in a very scary and unfortunate situation (not something I had ever been in before), and Tony immediately reached back out to take my case. Michelle was so quick to respond and get answers to my many questions. My case was ultimately dismissed – and I can now move on with my life. I can not thank Tony and his team enough. If you are reading the reviews, trying to decide whether to retain this firm- DO NOT HESITATE!!!
Brenda Purdin
Tony and Michelle were great. I felt at ease from my first phone call and conversation with Michelle and Mr. Abboud. He was confident, friendly and reassured me that they would get the best outcome for my situation, and they did. I feel that they genuinely care about their clients and do everything they can to be our voice and represent us in the courtroom.
Frequently Asked Questions
About Ohio Weapons Charges
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.
What is deferred adjudication for a felony charge in Ohio?
Deferred adjudication, also called pretrial diversion, allows the defendant to plead guilty or no contest. However, the court delays entering the conviction and gives the defendant time to complete conditions like supervision, counseling, and community service. The charges are dismissed if the defendant satisfies them. This option is not typically available for violent offenses, however.
Is deferred the same as dismissed?
The charges are dismissed when the conditions are met during a deferred adjudication. The difference between pure dismissal and dismissal after a deferred adjudication is that a pure dismissal ends your case. A deferred adjudication merely delays it. If you fail to meet the conditions of the deferral, the court can enter a conviction, and you then serve your sentence.
Do I have to register my firearms in Ohio?
Ohio does not have a gun registry. Towns, cities, and counties in Ohio are blocked from establishing local gun registries. The government does not even require you to provide information about your gun after you obtain a concealed carry license.
How can I apply for a concealed carry license?
If you want a permit for carrying a concealed weapon, you must complete an application with your name, address, and birthdate. You will also need to pass a background check. Finally, you must affirm that you can lawfully possess a firearm.
Can you buy a gun with a DUI in Ohio?
So can you get a CCW with a DUI in Ohio? Your ability to buy a gun after any conviction depends on whether the charge was a felony. A felony DUI, called an OVI in Ohio, generally happens when you are a repeat offender, have a high BAC, or cause injury or death in a drunk driving crash.
Firearm and Weapon Resources in Dayton, OH
Understanding and complying with federal, state, and local firearm laws is crucial for gun owners in Dayton, Ohio. Many violations occur unintentionally due to a lack of awareness of the laws. To avoid these issues, gun owners can benefit from researching and utilizing available resources before purchasing, carrying, or transporting firearms. Below are key resources that provide valuable information and guidance.
While these resources can provide helpful background information, it’s important to consult a gun rights lawyer in Ohio about any specific legal questions that you have or law enforcement problems that you encounter.
National Rifle Association (NRA)
The National Rifle Association (NRA) has extensive resources addressing safe gun use. It also offers firearms training and educational programs designed for children.
National Shooting Sports Foundation
Similarly, the National Shooting Sports Foundation has a program called Project ChildSafe to educate gun owners about safe storage and gun use around children. The U.S. Concealed Carry Association has a map explaining concealed carry requirements and permitting processes for every state and covers the self-defense laws for each state.
U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF)
The ATF is the primary federal agency responsible for enforcing gun laws in the U.S. Its website explains key regulations, including the National Firearms Act of 1934, the Gun Control Act of 1968, and the Brady Law. These resources clarify which firearms and self-defense weapons are legal in Ohio.
Ohio Attorney General’s Office
The Attorney General’s Office offers extensive information about the state’s concealed carry license program, including a searchable database of certified instructors. The website also explains which states recognize Ohio concealed handgun permits under reciprocity agreements with the state.
Montgomery County Sheriff’s Office
The Montgomery County Sheriff’s Office has online resources for scheduling appointments to apply for or renew Dayton, Ohio, CCW licenses. The sheriff’s office also allows you to pay your license fee online. The website includes a description of some of the grounds the sheriff’s office may use to deny concealed handgun licenses, including legal medical marijuana use.