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.
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.
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.
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.
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.
Possessing Criminal Tools
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.
Possessing a Defaced Firearm
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.
Firearm Prohibitions on Watercraft and Waterways
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.
Improperly Discharging a Firearm
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.
Illegal Conveyance of a Deadly Weapon into a Courthouse
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.
Possession of a Firearm in a Beer/Liquor Premises
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.
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 a 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.
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.
Self-Defense
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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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.
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.
Possession of a Firearm by a Prohibited Person
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.
Stolen Firearm, Ammunition, or Explosive
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.
Firearm in a School Zone
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.
Knowingly Possess or Manufacture Certain Weapons
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.
Use, Carry, or Possess a Firearm in Relation to or in Furtherance of a Drug Felony
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.
Charges Under the Armed Career Criminal Act (ACCA)
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.
Concerned About Your Weapon Charges?
A weapons charge conviction can alter the course of your life. You could lose your freedom and have a permanent criminal record. Gounaris Abboud listens to your side of the story to build a personalized, aggressive defense. Contact us today!
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.
1.
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.
2.
Case Review
We meticulously review every aspect of your case to provide you with the most robust defense based on your circumstances.
3.
Evidence Collection
Our team thoroughly investigates your charges and collects the evidence needed to vigorously defend you.
4.
Fierce Negotiation
We fiercely pursue reduced or dismissed charges and reduced sentences through on-point and effective plea negotiations.
5.
Trial Advocacy
We fight for you at trial before judge and jury to win you an acquittal of the weapons crime charges you face.
6.
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
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.
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.
5
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.
5
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.
5
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.
5
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.
5
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.
Contact Our Criminal Defense Lawyers Today!
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!
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.
The National Rifle Association (NRA) has extensive resources addressing safe gun use. It also offers firearms training and educational programs designed for children.
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.
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.
Is Dayton, Ohio, an open carry state? Yes, but you must still comply with gun laws. The ATF provides a helpful summary of Ohio’s gun laws.
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.
Finally, the Attorney General’s Office provides a downloadable copy of the concealed carry manual online that explains the state’s gun laws and how they apply when you carry a concealed weapon in Ohio.
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.