Facing Improper Use of a Firearm Charges?
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It’s not always easy to know when handling a firearm becomes improper. To understand what improperly handling firearms charges can look like in real-life scenarios, consider these examples.

Discharging a firearm while in or on a motor vehicle is a common charge in Ohio and can include shooting at animals on the road, which is only permitted under very specific instances and never during deer season. These rules apply whether the car is moving or not. Even if the car is parked, you may not discharge the weapon.

When transporting a firearm, you can do so only in a closed box or case, in a compartment only reached by leaving the vehicle and in a secure rack made for that purpose, or with the weapon stripped or the action open or in plain sight. If the weapon is secured in any other way, you can face misdemeanor offenses.

Additionally, you can’t knowingly transport or possess a loaded firearm of any type if you’re under the influence of any controlled substance or alcohol in Ohio. This part of the law applies to both passengers and drivers. In other words, if you would be considered too intoxicated to drive, then you can’t legally have a firearm in the vehicle.

If you’re a concealed handgun license holder, you must ensure that you alert any law enforcement officer who approaches your vehicle that you have a gun if they stop you. Otherwise, you could be charged with improperly handling firearms. You also need to remain in the vehicle as instructed, keep your hands in plain sight, and not touch the firearm.

There are exceptions to the improper handling laws that you need to be aware of to ensure your gun rights are protected. For instance, discharging a gun in a vehicle is allowed if you’re shooting at coyotes or groundhogs at any time other than deer season.

It’s also allowed if the vehicle is in an unincorporated area zoned for agricultural purposes or if you’re using the gun for self-defense or in defense of another person.

If you’re not under the influence of drugs or alcohol, don’t have a prior firearms conviction, and don’t fire the weapon toward an occupied structure or a structure used for vehicular traffic, you can also potentially avoid a charge of improperly handling firearms. Additionally, with the appropriate permits, you can use firearms while hunting as well as in a firing range.

Misdemeanor charges can have a wide range of consequences. For instance, while you can face fines without jail time, a first-degree misdemeanor charge carries up to 180 days in jail and a fine of $1,000. You may also need to take a mandatory firearm safety course.

Most people assume that misdemeanor offenses don’t involve jail terms, but they can in certain circumstances. That’s why it’s vital to have experienced criminal defense lawyers fighting for your rights, no matter the charges you are facing.

If you allegedly committed felony offenses, like knowingly discharging a firearm in a vehicle or having easy access to a loaded firearm within the vehicle, you can face jail time that ranges from a few months in jail to years behind bars, as well as thousands of dollars in fines. A first-degree felony conviction for improperly handling firearms can mean up to 10 years in jail and up to $20,000 in fines.

With a felony conviction, you can lose your gun rights. A felony can also impact your future job opportunities and traveling, as well as any child custody arrangements you have.

With such far-reaching consequences, securing skilled representation is critical for protecting your future in many ways. The right lawyer can safeguard both your legal rights and your quality of life.

In cases involving improper handling of firearms, an effective strategy can be to create reasonable doubt by challenging the evidence against you. Our team can investigate the credibility of the laboratories where the evidence was processed and look into the law enforcement officers involved in the arrest to see whether they’re reliable.

If you acted in self-defense, we’ll ensure that it’s taken into account. We can gather the necessary evidence to demonstrate that you or another person faced the risk of suffering bodily harm and that reasonable fear of physical injury led you to act as you did.

The gun could have discharged unintentionally. We can offer the defense that local prosecutors can’t know your state of mind at the time of the alleged offense, so they can’t prove the mental state required to obtain a conviction.

At Gounaris Abboud, we can look into whether law enforcement used appropriate methods to get evidence or if they did so by violating your rights. If they didn’t have court orders to search your property, for example, any evidence they obtained from said property could be excluded.