In Ohio, criminal charges involving carrying a concealed weapon may be a misdemeanor or felony. Although the 2nd Amendment of the U.S. Constitution protects the right to keep and bear arms, states can and do put restrictions on individuals’ ability to have weapons.
If you are facing charges related to carrying a concealed weapon, do not assume the state will drop your charges. Your freedom and your future are at stake. If you are facing any charges related to carrying a concealed weapon in Dayton, contact Suhre & Associates, LLC right away. Your initial consultation is free, so give us a call today to speak with a Dayton carrying a concealed weapon lawyer.
How a Dayton Carrying a Concealed Weapon Lawyer Can Help You Fight Your Criminal Charges
Prosecutors in Ohio are tough on gun crimes, including crimes involving carrying a concealed weapon.
The attorneys at Suhre & Associates, LLC have successfully defended people against gun and weapons charges for years. Our staff includes a former prosecutor and a former police officer. We pride ourselves on providing superb legal representation and customer service to our clients.
When you hire a Dayton criminal defense lawyer at Suhre & Associates, LLC, we will help you get a favorable outcome by:
- Investigating the circumstances surrounding your arrest.
- Reviewing all evidence the state has against you.
- Searching for exculpatory evidence to establish you could not have committed the crime.
- Determining and reviewing plea bargain options for you.
- Negotiating an acceptable plea agreement with the prosecution.
- Representing you in court.
Having an experienced attorney representing you can ensure the best outcome for your criminal charges. The attorneys at Suhre & Associates, LLC have handled some of Ohio’s most challenging gun cases. We know Ohio law, the local courts, and the judicial system. Contact our Dayton law office today to speak to an attorney about your case.
Ohio Revised Code § 2923.12. Carrying Concealed Weapons.
In 2004, Ohio became the 45th state to legalize concealed carry when Governor Taft signed H.B. 12. Prior to the bill passing, Ohio was one of only five states that did not have a permit system for concealed weapons. Fortunately, Ohio residents can obtain concealed carry permits for their weapons, but permits don’t allow you to carry your guns anywhere you like.
Common violations of Concealed Carry Permits in Dayton and Montgomery County include:
- Carrying a Concealed Weapon in Prohibited Areas
- Carrying a Concealed Weapon without a Permit (or an expired permit)
- Drinking alcohol while carrying a concealed weapon
- Failure to Produce CCW License When Requested By Law Enforcement
- Improper Handling of a Firearm in a Motor Vehicle
Ohio’s Concealed Carry Law can be found in the Ohio Revised Code (ORC) 2923.12.
This law states that no person shall knowingly have or carry any of the following without a permit:
- A deadly weapon other than a handgun;
- A handgun other than a dangerous ordnance;
- A dangerous ordnance.
A “handgun” is defined as a firearm that has a short stock and is designed to be held and fired by the use of a single hand. A “dangerous ordnance” is a catch-all category, including sawed-off shotguns, explosives, and more. If you’re carrying a concealed handgun when police stop you, you must immediately tell the officer that you have a license and firearm on you or in your vehicle.
What Are the Penalties For Carrying a Concealed Weapon in Ohio?
Most first-time CCW charges are misdemeanors of the first degree. In Ohio, a first-degree misdemeanor includes a potential jail time up to 180 days in jail, a fine of up to $1,000, or both. Repeat offenders or individuals carrying a loaded weapon at the time of a CCW violation will face a charge of felony in the fourth degree (F-4). An F-4 conviction includes 6-18 months in prison, a fine of up to $5,000, or both.
Generally, the penalties for firearms charges in Ohio depend on:
- The location and circumstances of the offense.
- The nature of the charge filed.
- The type of weapon(s) involved.
- Whether the gun charge accompanied other types of crimes.
- Whether you had a CCW handgun license.
- Whether you have prior criminal convictions.
A criminal conviction will show up on a background check, and the effects of a firearm conviction can extend beyond prison time and fines.
Collateral consequences for firearm convictions may include:
- Challenges finding jobs
- Difficulty obtaining student loans
- Difficulty renting apartments or securing housing
- Immigration issues
- Loss of ability to hold public office
- Loss of gun ownership rights
- Loss of professional licenses
Facing criminal charges can be frightening and overwhelming. When you reach out to the skilled Dayton criminal defense law firm at Suhre & Associates, LLC you are taking the first step towards getting the defense you deserve.
How do I Get a Concealed Carry License in Ohio?
In Ohio, you can carry a concealed handgun in public if you have a license. Ohio is a “shall issue” state, which means a license to carry a concealed handgun “shall be issued” if you meet the basic requirements.
These requirements include:
- You must be legally living in the United States and have been a resident of Ohio for at least 45 days, and a resident of the county in which you are applying, or the adjacent county, for at least 30 days.
- You must be at least 21 years old.
- You must not be a fugitive from justice (a wanted person for another crime).
- You must not be under indictment for, charged with, convicted of, or have pleaded guilty to a felony.
- You must not be under indictment for, charged with a violent misdemeanor offense, or within three years prior to your application convicted of, or have pleaded guilty to a violent misdemeanor offense.
- You must not be under indictment for, charged with, convicted of, or have pleaded guilty to a drug offense.
- Within five years prior to your application, you must not have been convicted of, pled guilty to, or been adjudicated a delinquent child for committing two or more acts of assault or negligent assault with a deadly weapon or dangerous ordnance.
- Within ten years prior to your application, you must not have been convicted of, pled guilty to, or been adjudicated a delinquent child for resisting arrest.
- You must not have not been committed to a mental institution, been adjudicated as a mental defective, or found by a court to be mentally ill subject to hospitalization.
- You must not be subject to a protection order of any state.
Finally, you must certify that you desire to carry a handgun for defense of self or family while engaged in lawful activity. You must submit a certificate of completion for a firearms safety training course. And you must certify that you’ve read the firearms safety pamphlet prepared by the Ohio Peace Officer Training Commission.
Under ORC 2923.1213, sheriffs are allowed to issue temporary emergency licenses when an applicant provides evidence of imminent danger (death, great bodily harm, or sexual assault, etc.). This can be issued to an Ohio resident or a non-resident temporarily residing in Ohio. It is good for 90 days and may be renewed only once every four years.
Other Related Firearms Charges
The Ohio Revised Code includes a number of laws that relate to firearms, guns, and deadly weapons.
Some of the charges related to carrying a concealed weapon that law enforcement officers often charge include:
- Carrying a weapon while under disability – ORC 2923.13
- Possession of a firearm in a school safety zone – ORC 2923.122
- Possession of a defaced firearm – ORC 2923.201
- Using weapons while intoxicated – ORC 2923.15
- Improperly handling firearms in a motor vehicle – ORC 2923.16
If you are facing charges for any crime involving a firearm in Dayton, contact Suhre & Associates, LLC immediately. We will review your case and determine if the charges brought against you can be dismissed or reduced.
Defenses to Carrying a Concealed Weapon in Ohio
Every criminal case has unique circumstances, and there is not a one-defense-fits-all strategy available. At Suhre & Associates, LLC, we take the time to review a case so that we can determine the best possible defense strategy for your situation.
Defenses for a CCW charge could include:
- The firearm was actually in possession of someone else, such as if you were borrowing a friend’s vehicle.
- You were lawfully transporting the firearm between home and work.
- The gun was inoperable (Ohio courts have ruled an inoperable gun is not considered a deadly weapon).
Do not defend yourselves to law enforcement, even if you are telling the truth. In almost all cases, there is no benefit to speak to law enforcement without an attorney present. Although people often believe they can clear up a simple misunderstanding by talking to the police, they do not consider police are trained interrogators who are looking for evidence.
When you contact a Dayton firearm defense lawyer, your attorney can help you build a defense strategy that protects your rights and preserves your gun privileges.
Get a Free Consultation with a Dayton Carrying a Concealed Weapon Lawyer
If you’ve been charged with illegal possession of a firearm, you may be feeling stressed, overwhelmed, or uncertain about your future. Our experienced and knowledgeable Dayton carrying a concealed weapon attorneys understand everything that is at stake. They will listen to your story, offer legal advice, and help you build a strong defense.
Call us to arrange your free case review and to begin protecting your legal rights today.