Owning a firearm is a right many people value for protection, recreation, and sport. But in Ohio, that right can be taken away, especially after certain criminal convictions. If you’ve been charged with possession of a weapon under disability, you could be facing serious legal consequences, including felony charges, prison time, and steep fines.
This law can feel confusing and even unfair, especially if you believe you are being responsible or simply misunderstand the rules. However, the state of Ohio takes weapons under disability violations very seriously.
What Is “Weapons Under Disability” in Ohio?
Under Ohio Revised Code § 2923.13, it is illegal for certain individuals to possess, carry, use, or even access firearms or dangerous ordnance. The term disability in this context does not refer to a physical or developmental limitation—it refers to a legal disability that disqualifies someone from owning a weapon.
You may be considered “under disability” if you fall into any of the following categories:
- You are a fugitive from justice
- You’ve been charged with or convicted of a violent felony
- You were adjudicated as a delinquent (as a minor) for a violent felony offense
- You’ve been charged with or convicted of a felony drug crime
- You were adjudicated as a delinquent for a felony drug offense as a juvenile
- You’ve been declared mentally incompetent or are currently dependent on drugs or alcohol
If you fit into any of these categories and are found in possession of a firearm—even temporarily or inadvertently—you can be charged with having weapons while under disability, a third-degree felony in Ohio.
How You Can Be Charged — Even Without Owning a Gun
One of the most misunderstood aspects of Ohio’s weapons under disability law is that you don’t need to buy or even own a gun to be charged. The statute prohibits individuals from knowingly:
- Acquiring
- Having
- Carrying
- Using
…any firearm or dangerous ordnance while under legal disability.
This means you can face criminal charges for simply going to a shooting range, borrowing a friend’s hunting rifle, or being in a car where a gun is present—even if you didn’t know it was there.
A seemingly harmless outing can quickly spiral into another felony charge, especially for individuals trying to rebuild their lives after a prior conviction.
Penalties for Weapons Under Disability in Ohio
Being found in possession of a weapon while legally prohibited from doing so is a third-degree felony in Ohio. If convicted, you could face:
- 1 to 5 years in prison
- Up to $10,000 in fines
- A permanent criminal record
- Difficulty obtaining employment, housing, or loans
Repeat offenders or those with more serious underlying convictions may face enhanced penalties, especially if the weapon was used during another offense.
Can You Restore Your Right to Own a Firearm in Ohio?
Yes. Under Ohio Revised Code § 2923.14, it is possible to seek relief from your weapons disability and regain your right to own or use a firearm legally.
To qualify for relief, you must:
- Complete all sentencing requirements from your previous conviction
- Maintain a clean record since your release (no new charges or legal issues)
- Demonstrate to the court that you are no longer a danger to yourself or others
- Provide factual evidence and personal history to support your application
Relief is not automatic and can be difficult to obtain. Before starting this process, it’s strongly recommended to consult a weapons attorney in Cincinnati who can evaluate your eligibility and help prepare a compelling petition.
How a Cincinnati Weapons Attorney Can Help
Facing a charge for possession of a weapon under disability can be frightening, especially if you didn’t realize you were breaking the law. But a knowledgeable defense lawyer can make all the difference.
At Luftman, Heck & Associates, we know how to fight these charges and protect your rights. Attorney Brad Groene has years of experience handling serious gun-related cases in Hamilton County and across Ohio.
We can help by:
- Reviewing the details of your arrest and charge
- Investigating whether your rights were violated
- Challenging the prosecution’s evidence
- Negotiating with prosecutors for charge reductions or dismissals
- Exploring options for restoring your gun rights
Whether this is your first encounter with the law since your release or a misunderstanding that has led to new charges, we stand by your side.
Don’t Risk Another Felony Conviction — Call LHA Today
Weapons under disability charges in Ohio can carry life-altering penalties. If you’ve been accused of illegally possessing a firearm after a felony conviction, don’t leave your future to chance.
Call Cincinnati criminal defense attorney Brad Groene today at (513) 338-1890 or by filling out our online contact form for a free, confidential consultation. We’re available 24/7 to take your call and build a defense tailored to your situation.
Your rights matter. Let us help you fight to protect them.
