Carrying firearm while intoxicated

Ohio law prohibits individuals intoxicated by alcohol or drugs from carrying a firearm. For obvious reasons, Ohio lawmakers doubt the decision-making ability of anyone under the influence of drugs or alcohol. By punishing individuals drunk while carrying a gun, this law aims to deter others from committing the violation.  If you’re facing charges for possession of a firearm while intoxicated, you could end up dealing with serious penalties. Consult with an experienced firearm possession attorney to determine what penalties apply to your case and how best to deal with them. When Do Possession of a Firearm While Intoxicated Charges Arise? As a general matter, Ohio allows individuals to possess firearms. Ohio even offers eligible persons the option of obtaining a concealed carry permit, allowing them to possess a concealed weapon. However, Ohio law, under section R.C. 2923.15 prohibits anyone from “carrying or using” a firearm while under the influence of alcohol or drugs of abuse. Thus, you cannot carry a firearm in your vehicle if you’re operating the vehicle while under the influence. Therefore, most of these charges arise along with driving under the influence (DUI) charges or operating a vehicle impaired (OVI) charges. Please note that there is a BIG distinction between what Prosecutors need to prove between being charged with OVI in Ohio and “under the influence” of alcohol in Ohio while carrying or using a firearm.  In an OVI charge in Ohio, A person can consume alcohol and drive AS LONG AS they are not impaired.  Law enforcement will routinely test a person’s blood-alcohol level to determine if that person is OVER the legal limit.  Please note that when a person is charged with Using a Weapon While Intoxicated, law enforcement DOES NOT need to prove a certain level of impairment.  The statute for this offense ONLY requires the State of Ohio to prove: “that a person WAS UNDER THE INFLUENCE OF ALCOHOL (or any drug of abuse).  This means that simply having a single beer (or a portion of a beer) MAY constitute as “under the influence.” What Counts as Carrying or Using? The prosecutor can charge you for being “under the influence” of alcohol while possessing a firearm even if you don’t have the weapon readily accessible. Courts have upheld convictions for this offense when the firearm was found: Inside the vehicle’s glove compartment, Inside a bag or purse, and In the backseat. If you were charged with using weapons while intoxicated after authorities found a firearm in your vehicle, contact one of our attorneys at Gounaris Abboud, LPA, to discuss your options. Penalties for Possession of a Firearm While Intoxicated Ohio law considers possession of a firearm while intoxicated a first-degree misdemeanor. First-degree misdemeanors carry the potential of up to 180 days in jail and a fine of up to $1,000. Even if you have a concealed weapons permit, you could face a conviction.  But remember, prosecutors rarely charge this offense on its own. This charge most commonly arises in conjunction with a DUI/OVI charge, which carries more severe potential penalties. For a first-offense DUI/OVI conviction, the driver faces: At least three days but no more than six months in jail, Mandatory license suspension for at least six months, and A fine of up to $1,075. A second DUI/OVI conviction carries the following potential penalties: At least ten days but no more than six months in jail, Mandatory license suspension for at least a year, A fine of up to $1,625.  If your blood alcohol level (BAC) is above 0.17%, you will receive more severe penalties.  In addition to the criminal penalties, a misdemeanor conviction—especially those concerning driving under the influence—can also result in other consequences, such as: Increased insurance premiums, Difficulty obtaining employment, and Inability to secure certain housing.  After serving your sentence and paying your court fines, you will suffer the financial consequences of having a misdemeanor conviction on your permanent record.  Facing Charges for Using or Possession of a Firearm While Intoxicated? Consult with an Ohio Firearms Attorney Today An experienced firearms possession attorney with Gounaris Abboud, LPA, can help you understand what penalties are associated with the criminal charges filed against you. Depending on the circumstances of your case, an attorney can negotiate with the prosecutor to have your sentence reduced or have your charge dismissed entirely. Our team has more than 30 years of collective experience in the courtroom. Attorney Nicolas G. Gounaris, one of our managing partners, has experience as a prosecutor, magistrate, and acting judge, giving him a unique outlook when it comes to defending criminal cases. Additionally, Mr. Gounaris received nominations from his peers to the Super Lawyers list for ten consecutive years, from 2012 through 2021. Further, Mr. Gounaris has been recognized by the National Academy of Criminal Defense Attorneys (NACDA) as a “Nationally Ranked Top 10” in 2014 and 2015 and was named as a recipient of the “10 Best Client Satisfaction” Award for Criminal Law by the American Institute of Criminal Law Attorneys in 2014 and 2015. There is no time to waste when your freedom is on the line. Contact our attorneys Gounaris Abboud, LPA, as soon as possible at 937-222-1515 or online. 

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transporting firearms in ohio

Before transporting a firearm in Ohio, you need to know what Ohio’s firearms laws allow and prohibit. The rules can vary depending on where you intend to store your weapon and whether you plan to conceal it. Additionally, Ohio’s vehicle gun laws address transportation with a firearm.  Clients frequently ask, Can I carry a gun in my car in Ohio? We’ve prepared a short guide to help you understand the laws surrounding transporting firearms in Ohio and the penalties associated with those laws. If you have additional questions or have been charged with improper handling of a firearm in a motor vehicle, contact Gounaris Abboud, LPA, to start your free consultation. Firearm Possession in Ohio: An Overview The Second Amendment to the United States Constitution gives U.S. citizens the right to own and carry a firearm, subject to limitations. Ohio prohibits certain individuals from possessing a firearm, including those who: Suffer from chronic alcoholism; Are deemed mentally incompetent, mentally defective, or mentally ill by the court; Were ordered by the court to live in a mental institution; Are fugitives from justice; Were charged or convicted of a violent felony; Were charged or convicted of a felony drug offense that involved illegal drug possession, sale, distribution, or trafficking; or Suffer from drug dependency or are in danger from suffering a drug dependency. As long as these disabling factors don’t apply to you, you can generally own and possess a firearm in Ohio. However, if there are any questions about one’s right to carry, you should still contact a lawyer as there are often details that a simple checklist cannot answer. Ohio is an “open-carry” state. That means individuals who legally own a firearm can openly carry a firearm within the state with or without a concealed carry permit, subject to other limitations. For example, transporting a firearm in your vehicle carries different requirements based on whether the gun owner has a concealed handgun or weapon permit. Unlike some states, Ohio does not require firearms owners to register their weapons at a state level. Concealed Carry Permits: Ohio Requirement Ohio refers to the permit authorizing individuals to carry a concealed weapon as a Concealed Carry Weapons (CCW) permit. Some states refer to this as a weapons permit or handgun permit. Ohio requires first-time CCW applicants to meet several requirements, including: Be at least 21 years of age, Complete the required 8-hour course for a Certificate of Competency, Make an appointment with the concealed carry office, Complete your CCW application, Provide a passport-sized photo within 30 days of your application, Provide a valid form of identification, Pass criminal background check, Pass a mental competency check, Turn in your Certificate of Competency, Pay the non-refundable fee, and Submit to fingerprinting. Ohio does not require active duty military members to pay the fee or submit to the training course. Even with a CCW, Ohio law prohibits individuals from carrying a concealed handgun in certain locations, including: Police stations, Sheriff’s offices, Correctional facilities, Airport terminals, Courthouses, Mental illness facilities, Universities (unless specifically allowed), and School safety zones. In addition to a CCW, individuals carrying a concealed handgun must carry another valid form of government identification. Transporting Firearms in Your Vehicle The legality of transporting concealed firearms in your vehicle depends on whether you possess a CCW permit. If you have a concealed carry permit, you can transport a loaded, concealed handgun inside your car. However, you cannot carry a concealed weapon in your vehicle if you’re under the influence of drugs or alcohol. Carrying a concealed weapon in your vehicle while under the influence of drugs or alcohol amounts to a 5th Degree Felony, punishable by up to 12 months in jail and a fine of $2,500. If you don’t have a CCW permit, you can transport an unloaded firearm as long as it is carried in one of the following ways: In a closed package, box, or case; In a compartment that can be reached only by leaving the vehicle; or In plain sight and secured in a rack or holder made for that purpose. Violation of this provision amounts to a 4th Degree Felony, punishable by up to 30 days in jail and a fine of $250. Consult with a Weapons Charges Attorney Today An experienced weapons charges attorney with Gounaris Abboud, LPA, can help you understand the charges you’re facing and your options. We pride ourselves on providing our clients with the one-on-one attention that is critical to establishing a trusting attorney-client relationship. Our team has more than 30 years of collective experience representing individuals charged with criminal violations. No two cases are the same, so we dedicate time to each one of our clients, which allows us to listen to their situation, the outcome they desire, and create a strategy to meet their goals. When your freedom is at stake, there is no time to waste. Contact our team of criminal defense attorneys at Gounaris Abboud, LPA, as soon as possible at 937-222-1515 or online. 

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firearm purchase ohio

The Second Amendment to the United States Constitution provides all citizens the right to bear arms. However, despite the language of the Second Amendment, the state and federal governments can impose strict limits on gun rights. Additionally, the constitutional rights of minors are not always coextensive with those of adults. The result is that if you are under age, buying a gun in Ohio is against the law. Not only that but attempting to buy a gun can get minors in legal trouble. An experienced criminal defense attorney can help those charged with weapons offenses understand what they face and how to best defend against the allegations. How Old Do You Have to Be to Buy a Gun in Ohio Under Ohio gun purchasing laws, it is illegal for minors to purchase or attempt to purchase any type of firearm. Section 2923.211 of the Ohio Revised Code clearly states that “No person under eighteen years of age shall purchase or attempt to purchase a firearm.” Additionally, no person under the age of 21 can purchase or attempt to purchase a handgun unless they meet one of two exceptions: The person is at least 18 years old, is a police officer, and completed firearms training approved by the Ohio peace officer training council or equivalent firearms training; or The person is at least 18 years old, is an active or reserve member of the U.S. military or Ohio National Guard, and completed the appropriate firearms training. Thus, in no event is a minor under the age of 18 allowed to purchase a gun. And you cannot purchase a handgun if you are under 21 years old unless you are a police officer, in the military, or in the Ohio National Guard. While some states draw a distinction between hunting rifles, shotguns, and pistols, Ohio does not. For the purposes of Ohio’s gun laws, all these weapons are “firearms.” Additionally, the law makes no distinction between “purchasing” and “attempting to purchase” a firearm. Punishments for Minors Caught Buying a Gun Illegally If police officers arrest you as a minor for attempting to buy a gun illegally, you face serious consequences. In most cases, crimes committed by minors are not heard in adult court. However, that does not mean that a minor who attempts to purchase a gun won’t get in legal trouble. Section 2923.211 provides that anyone under the age of 18 who purchases or attempts to purchase a firearm commits a delinquent act equivalent to a fourth-degree felony. In these cases, the range of punishment can vary significantly. This is because, in some situations, a minor may face charges in adult court if an offense involves the use of a firearm—for example, if a minor used an illegally purchased gun to commit another crime. However, in most cases, a minor who attempts to purchase a firearm will stay in the juvenile justice system. Anyone over the age of 18 but under 21 who purchases or attempts to purchase a firearm is guilty of a misdemeanor of the second degree. Misdemeanors of the second degree carry a punishment of up to 90 days in jail and a fine of up to $750. Penalties for Adults Who Purchase Firearms for Minors Ohio law also makes it a crime to sell or “furnish” a firearm to anyone who is underage. This includes a parent who allows a child to use a gun for anything other than “lawful hunting, sporting, or educational purposes.” So parents can take their minor children hunting and teach them about firearm safety without running afoul of the law. However, if a parent allows unsupervised use, they may subject themselves to criminal liability. Under Ohio Revised Code Section 2923.21, violating this law will result in a conviction for a felony of the fifth degree. Fifth-degree felonies carry a punishment of up to one year in prison and a fine of up to $2,500. Were You Arrested for an Ohio Gun Charge? If you were arrested for an Ohio firearm offense, contact the dedicated criminal defense attorneys at Gounaris Abboud, LPA. At Gounaris Abboud, we represent clients facing all types of Ohio weapons charges, including minors who purchased a gun illegally. We have more than 50 years of combined experience helping clients navigate the complex and stressful criminal trial process. We always keep a laser focus on defending their rights and securing the best result possible.  We believe in developing lasting relationships with each of our clients. Thus, we take the time to get to know you, your situation, and your goals before recommending any course of action. To schedule a free consultation with one of our Ohio gun crime defense lawyers, give us a call today. You can also reach out to us through our online contact form.

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ohio gun laws for felons

The Second Amendment to the United States Constitution grants people the right to bear arms. However, this right is not absolute.  The State of Ohio reduces this Second Amendment right for convicted felons. If you are a convicted felon, it is imperative to know how Ohio gun laws for felons might impact you. Failure to strictly follow Ohio felon gun laws can lead to severe penalties. Thus, it is crucial that you reach out to an experienced criminal law attorney to discuss your rights under the law.  Understanding Ohio Gun Laws for Felons A convicted felon in Ohio who is caught with a gun can face potential fines and even jail time. Further, this can be the case even if the gun is not necessarily working or on your body. Accordingly, it is extremely important to understand the law in this area. Failure to understand the law can lead to additional charges, making matters worse.  Ohio Felon Gun Laws: An Overview Under Ohio Revised Code § 2923.13, a person may not “knowingly acquire, have, carry, or use any firearm or dangerous ordnance,” if the person is:  A fugitive; Under indictment or convicted of any felony of violence; Under indictment or convicted of illegal possession, use, or sale of drugs;  Drug dependent, in danger of drug dependence, or a chronic alcoholic; or Deemed mentally incompetent.  Thus, even if you are not a convicted felon, these laws may still apply to you.  For the purposes of this section, Ohio law defines a “firearm” as “any deadly weapon capable of expelling or propelling one or more projectiles by the action of an explosive or combustible propellant.” Notably, a firearm will also include an unloaded firearm or one that is inoperable but that can “readily be rendered operable.”  Additionally, a “dangerous ordnance” includes:  Automatic or sawed-off firearms, Zip-guns, Ballistic knives,  Any explosive or incendiary devices,  Firearm mufflers or suppressors, and  Any firearm, ammunition, rocket launcher, mortar, artillery piece, or similar weapon designed and manufactured for military purposes.  As you can see, many objects can lead to a violation of Ohio felon gun laws. If you have been charged with possession of a firearm by a convicted felon in Ohio, contact an experienced attorney today to discuss your rights and remedies under the law.  Penalties for Violating Ohio Gun Laws for Felons Violating Ohio Revised Code § 2923.12 will result in a third-degree felony charge. A conviction on such a charge can result in a prison term of up to 36 months. In addition to prison time, a violation of Ohio gun laws for felons can result in fines of up to $10,000.  Can a felon own a gun in Ohio? Convicted felons can face grave consequences if they are charged with possession of a firearm. However, this does not mean that there is nothing you can do. Depending on your situation, you may have valid defenses that can potentially lead to a reduction or dismissal of your charge.   Contact Our Team Today If you have been convicted of a felony in Ohio and are now being charged with possession of a firearm, we want to help. At Gounaris Abboud, LPA, we have extensive experience providing high-quality legal counsel to clients in need.  With more than 50 collective years in practice, we know what it takes to successfully defend criminal defendants in the most difficult times of their lives. Contact us today online or by phone at 937-222-1515 to see how we can help you. 

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In recent months, and even in recent years, there has been much media attention on gun laws all across the country. Despite the news feeds and stories about firearms, their responsible handling, and their potential dangers, clarity on actual gun laws is difficult to find. In order to help our clients make sense of pertinent firearm laws and any weapons charges they might be facing, our Dayton criminal defense attorneys at Gounaris Abboud have compiled some of the basic information that should be known by everyone in Ohio here in this blog. Please give it a read if you want to know Ohio State’s gun possession, permit, and carry laws. If you need legal representation, you are encouraged to contact us without delay to set up your free case evaluation as soon as possible. Ohio Gun Laws 101 Ohio State legislation currently (circa March 2016) does not require a permit to purchase a rifle, shotgun, or handgun, nor does it require mandatory registration for any such firearm. Owners also do not require licensing, and only handguns require a permit to carry openly in public. If you want to carry a concealed weapon of any kind, either on your person or in your automobile, you will need a specific concealed weapon permit. In order to qualify for a concealed weapon permit, you must be: 21 years of age or older. A legal United States resident. Live in Ohio State for at least 45 days. Live in your specific Ohio State county for at least 30 days. Able to complete a firearm safety and training course. Able to prove you read a firearms safety manual provided by local sheriff departments. In order to be eligible for your concealed weapon permit, you must also not be: A fugitive of the law. Convicted of or facing felony charges. Convicted of or facing misdemeanor charges involving violence or drugs. Convicted of resisting arrest within the last 10 years. Considered mentally dangerous. Subject to a current order of protection or restraint. Ohio State will also recognize an official concealed carry license or permit from any other state in the union. If you are convicted of carrying a concealed firearm with no valid permit, you could face: $1,000 fine Six months in jail Firearm safety retraining Our Lawyers Can Help If you still have questions about gun laws in Ohio, or if need help with a legal issue relevant to a weapon you own or control, call 937-222-1515 to connect with our Dayton weapons charges lawyers.

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weapons crime conviction

In some cases, a criminal case can cost a hardworking employee his or her job. That was what almost happened to a defendant who came to Gounaris Abboud, LPA after being charged with Carrying a Concealed Weapon and Having a Firearm While Intoxicated. Both of these crimes carry serious punishments, but for this specific individual there was more at stake than a few years in jail. At the time of the crime, this employee faced certain unemployment if convicted. He is a veteran of the Air Force and has a top-secret security clearance. When he merited his charges, he was working as a civilian contractor at the Patterson Air Force Base. His income was helping him to pay the mortgage on his home in the Dayton suburb of Springboro. When an individual has a top security clearance like this client, it is imperative that that person stays out of trouble. Any criminal convictions lead to almost certain termination from the defendant’s place of employment. This is why this client had to get the best of the best to represent him in his case. He came to Gounaris Abboud, LPA and was partnered with an attorney at our firm. We were able to help him work through the details of his case and eventually create a defense strategy that was convincing. With aggressive representation from our firm, this client was able to keep his job, his home, and his security clearance. Had he been proven guilty of his crime, he would have lost all of these priviledges. We were able to get this man’s charges dismissed. They were replaced with a misdemeanor disorderly conduct charge. The defendant’s only punishment was that he had to forfeit the firearm that had caused so much trouble and he plead guilty to the disorderly conduct charge. Because this charge is minimal, our client should have no problem obtaining his security clearance again when it comes time to renew it next year. If you have been charged with a weapons crime and are currently trying to work through your situation, hire a Dayton criminal defense lawyer that you can trust to be there for you.

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