The law prohibits people previously convicted of a felony from having weapons. Besides potential state charges if caught in illegal possession of a firearm, you could also face federal charges for the same offense.
If this feels unfair, you are not alone.
It also means that if you’re charged with illegal possession of a firearm, you need an experienced criminal defense attorney more than ever. Don’t hesitate to contact Cincinnati weapons lawyer Brad Groene at Luftman, Heck & Associates LLP for a free consultation at (513) 338-1890 or online. We are available 24 hours a day, every day.
State and Federal Charges for Illegal Possession of a Firearm
Those who have prior felonies on their criminal records are forbidden from possessing firearms under state and federal law. Therefore federal agencies are targeting what they term “repeat and dangerous offenders” for prosecution related to illegal possession of a firearm. For example, in September 2020, 16 people were arrested in Cincinnati and charged with state and federal gun crimes, according to local news reports.
In Ohio, according to Ohio Revised Code (ORC 2923.13), such a situation is called “having weapons while under a disability,” and it applies if you are:
- a fugitive or convicted felon for any violent offense;
- under indictment for or convicted of any felony,
- as a minor, convicted of a felony that you were charged as an adult;
- under indictment or convicted of a felony involving the illegal possession, use, sale, administration, distribution, or trafficking of any drug.
Under federal law, anyone who has a felony conviction can’t possess firearms or ammunition. Pursuant to 18 U.S.C. 922(g), any person “convicted in any court of a crime punishable by imprisonment for a term exceeding one year” cannot possess any firearm in any location, including their own home.
Federal Charges Can Mean Tougher Penalties if Convicted
A state charge for illegal possession of a firearm (for example, being a felon) is a third-degree felony in Ohio. Conviction results in up to five years in prison plus fines up to $10,000. As serious as these consequences are, the possible penalties increases dramatically under federal law.
The crime of felon in possession of a firearm under federal law is a Class D felony. It is punishable by up to 10 years in prison, followed by three years of supervised release, and $250,000 in fines.
Clearly, there’s a lot on the line if you have been previously convicted felon and subsequently face illegal possession of a firearm charges. Prosecutors aggressively pursue these charges to promote “tough on crime” positions that could help them retain their positions. And because task forces often target felons for special initiatives, they face a greater chance of being swept up on new charges. That’s why you must have an experienced gun lawyer anytime you are accused of a weapons-related offense.
Gun Charges are Serious: You Need an Experienced Defense Lawyer
Penalties related to illegal possession of a firearm are harsh, especially under federal law. If you’ve been convicted of a felony in the past and now face a gun charge, you need an experienced defense attorney to fight for you. We understand how misunderstandings happen when it comes to gun possession charges Maybe you weren’t aware of what was on your record, believing it was a lesser charge or was dismissed.
But no matter the details, attorney Brad Groene is a top-rated Cincinnati defense attorney who can help you understand your charges and how to deal with the charge properly.
Call Luftman, Heck & Associates LLP at (513) 338-1890 or contact us online for a free consultation 24/7. Don’t delay. Your rights need protection.
