Possession of a Weapon after Felony Conviction

Posted On: January 9th, 2017 by Bradley J. Groene

Under Ohio law, there are a number of instances when you are not allowed to own a weapon like a firearm. Briefly known as “weapon under disability,” this law includes a provision that takes away your right to own a gun following a felony conviction for certain violent and drug crimes. For hunters, skeet shooters, precision and accuracy shooters, and hobbyists, losing your right to own firearms can be incredibly difficult. This law can take away your sense of protection, freedom, and an important pastime – all of which can make it harder to re-enter and integrate back into society after completing your sentence. It can be all too easy to fall into the thinking that owning a gun again will be no big deal. You may believe you can use and store it responsibly and without detection. However, if you are caught keeping a firearm in your possession despite this law, you face serious criminal charges.

If you have been charged with possession of weapons while under disability, reach out to our Cincinnati weapons attorneys at Luftman, Heck & Associates. We have the knowledge to protect your rights while building a strong defense against allegations being made by the prosecutor.

Call us today at (513) 338-1890 to find out how we can help.

Ohio Law 2923.13 – Weapons Under Disability

Under Ohio Code 2923.13, having weapons while under disability is illegal. The term disability may fool you at first. This does include individuals who have been found to be mentally incompetent or dependent on drugs or alcohol. However, disability also includes individuals who are:

  • Fugitives from justice
  • Charged or convicted of a violent felony offense
  • Adjudicated as a delinquent child for an offense that would be a violent felony if committed as an adult
  • Charged or convicted of a felony drug offense
  • Adjudicated as a delinquent child for an offense that would have been a felony drug crime if committed as an adult

Additionally, this law can affect you if you knowingly acquire, have, carry, or use any firearm or dangerous ordinance. This means you could be charged even if you do not purchase a gun or keep one in your home. You could be back in court for simply going to a gun range or hunting with your friends or family. A seemingly harmless afternoon could lead to another felony charge and conviction.

Consequences of Possessing Weapons While Under Disability

If you are not allowed to own or use a firearm in Ohio due to a previous felony conviction, you will face another felony charge for allegedly breaking this law. Possessing a weapon while under disability is a third-degree felony. If you are convicted, you could be sentenced to one to five years in prison and up to a $10,000 fine.

Relief From Weapons Disability

You may be able to regain your right to own, possess, or use a weapon after being convicted of a felony. Under Ohio Revised Code 2923.14, you can apply to the court of common pleas in the county where you live for relief. You must have fully completed any sentence for your previous felony conviction and be able to provide facts to the court to prove you are fit to possess a weapon. It is also important that you have followed the law since your release and are not facing any other charges.

If you want to be able to own or use a weapon again, speak with a Cincinnati weapons attorney before you take any action. Do not assume you will get away with owning a gun again without obtaining relief and do not assume you will be granted relief immediately. An experienced attorney can explain this process and give you an objective opinion on your likelihood of reinstating your right to possess firearms.

Defending Against a Weapons Charge in Ohio

If you have been charged with possessing a weapon after a felony conviction in Ohio, even though you had no idea you were doing anything wrong, you should contact an experienced Cincinnati weapons attorney right away. At Luftman, Heck & Associates, we can review your situation and strive to have the charges against you dropped.

For more information on defending against possession of a weapon under disability, contact attorney Brad Groene of Luftman, Heck & Associates at (513) 338-1890.