Columbus Weapons Charges Lawyer

If you have been arrested on a weapons charge in the state of Ohio, you are probably quite concerned about your future right now. After all, the penalties for offenses of this nature can be quite severe.

Amidst the chaos, however, it is important to remember that you can only be punished if the state’s prosecutor can convict you of a criminal offense. You can make their job as difficult as possible by hiring a knowledgeable weapons charges lawyer to represent you throughout your case. You can an excellent lawyer right here at the Law Office of James D. Owen, LLC, in Columbus.

Why You Should Hire James D. Owen, Defense Attorney to Help You Fight Back Against Your Weapons Charges

The legal team here at the Law Office of James D. Owen, LLC, is dedicated to fighting tirelessly on behalf of our clients. When you come to us for assistance with your weapons case, we will:

Protect Your Constitutional Rights

When investigating and prosecuting you for a weapons charge, the state of Ohio and its representatives must respect your constitutional rights. Most notably, they must not infringe upon your Fourth Amendment right to avoid illegal search and seizure or your Fifth Amendment right to avoid self-incrimination.

Having worked in the legal industry for years, our lawyer is an expert at spotting rights violations as they occur. If we notice a police officer or prosecutor crossing the line during your case, we will step in and address the issue immediately.

Provide You with Sound Legal Advice

As you work through your weapons case, you will inevitably have to make a number of difficult decisions. If you wish to improve your odds of obtaining a favorable outcome to your case, you will need to ensure that you consistently make smart choices.

When you hire a Columbus criminal defense lawyer at the Law Office of James D. Owen, LLC, we will be by your side to provide you with the advice you need to make the right call time after time. Whenever you run into a tricky situation, we will be there to guide you through it.

Negotiate with the Prosecutor

The prosecuting attorney for your weapons case may not want to bring it all the way to trial. Instead, they may prefer to resolve it through a plea bargain agreement.

If you are interested in accepting such a deal, our attorney will be on-hand to help you negotiate its terms. We have been working with Ohio prosecutors for years, so we know exactly what they need to see and hear before they will improve their offers. With us on your side, you can be confident that you will be well-represented at the negotiating table.

Would you like to have Mr. Owen, defense lawyer help you fight back against your weapons charges? Then why not reach out to us today to set up a free consultation at our Columbus law offices? We would love to meet with you to learn more about your case.

Understanding the Rights and Responsibilities of Ohio Gun Owners

The Second Amendment of the United States Constitution protects the general public’s right to keep and bear arms. However, this right is not inalienable.

The state of Ohio has the authority to regulate the sale and possession of guns and firearms within its borders. It does so in the following ways:

Purchasing a Weapon in Ohio

The state of Ohio allows its residents to purchase firearms without obtaining any kind of license or permit. However, the state does disqualify certain categories of people from acquiring a firearm. A brief list of individuals who are disqualified from gun ownership in Ohio would include:

• Individuals who have been convicted of a felony drug offense
• Individuals who have been convicted of violent crimes
• Fugitives
• Chronic alcoholics and drug addicts
• Individuals who have been adjudged to be mentally ill or incompetent

The Buckeye State does not place any restrictions on the type of weapons its residents can buy. Provided they are not disqualified from owning or possessing a firearm, Ohioans can walk into any gun store and purchase a handgun, rifle, or shotgun without issue. To do so, they need only:

• Show that they are above the age of 18 (to purchase a shotgun or rifle) or above the age of 21 (to purchase a handgun)
• Show that they are a resident of the state of Ohio or an employee of an Ohio business
• Submit to a criminal background check

Since the state of Ohio does not have a mandatory waiting period, most people can take possession of their new gun immediately.

Carrying a Weapon in Ohio

Ohio’s gun laws explain that anyone who can legally purchase a firearm in the state may also openly carry that weapon. They do not need to have any special licenses or permits.

Ohioans who wish to carry their handgun in their purse, under their jacket, or in a concealed holster must first obtain an Ohio Concealed Handgun License. To obtain such a permit, they must:

• Not be disqualified from owning a firearm
• Not have had a concealer carry permit application denied in another state
• Not have been dishonorably discharged from the United States military
• Be a lawful permanent resident or citizen of the United States
• Not be the subject of a restraining order
• Complete firearms safety training under the tutelage of a certified instructor
• Pay the $67 application fee
• Have their fingerprints taken

It usually takes around 30-45 days for CCW permits to be approved or denied in the state of Ohio. Once an individual receives their permit, they may carry concealed weapons just about anywhere, except for the following restricted areas:

• Educational institutions
• Airports
• Courthouses
• Active polling places
• Pubs and bars
• Private property (if notice of a firearms ban is given)

Do you have questions about your rights and responsibilities as an Ohio gun owner? If so, please reach out to the Law Office of James D. Owen, LLC, criminal defense attorney today. We would be happy to provide you with the information you need.

Common Weapons Charges in the State of Ohio

The state of Ohio has a broad range of weapons crimes on its books. A short sampling of some of its most commonly charged gun and firearm offenses would include:

Unlawfully Carrying a Concealed Weapon

Section 2923.12 of the Ohio Revised Code states that it is illegal to possess a concealed firearm or deadly weapon without having a valid Ohio Concealed Handgun License. This statute also explains that, when stopped by a law enforcement officer, CCW license holders must:

• Inform the officer about their concealed weapon and license
• Keep their hands away from their weapon
• Comply with all lawful orders from the officer

This weapons offense is typically classified as a misdemeanor of the first degree in Ohio. However, it may be bumped up to a felony of the fourth or fifth degree if the weapon in question is loaded.

Using a Weapon While Intoxicated

Section 2923.15 of the Ohio Revised Code succinctly explains that it is unlawful for a person to use or possess a firearm when they are under the influence of drugs or alcohol. The state of Ohio generally classifies violations of this law as misdemeanors of the first degree.

Possession of a Weapon While Under Disability

Section 2923.13 of the Ohio Revised Code makes it illegal for the following groups of people to possess a firearm:

• Individuals who have been convicted of a felony drug offense
• Individuals who have been convicted of violent crimes
• Fugitives
• Chronic alcoholics and drug addicts
• Individuals who have been adjudged to be mentally ill or incompetent

If an individual that falls into one of these categories is found to be carrying a weapon, they may be charged with this offense, which is punishable as a felony of the third degree.

Improperly Discharging a Firearm

Section 2923.161 of the Ohio Revised Code states that it is illegal to discharge a weapon:

• At, in, or into an occupied residence
• At, in, or into a school safety zone
• Within 1,000 feet of a school building or school premises to cause fear or panic

This offense is typically punishable as a felony of the second degree.

Is the state of Ohio alleging that you carried a firearm while under disability or that you concealed your weapon without a permit? Then you need the help of Mr. Owen, weapons charges attorney. Contact us today to set up a free consultation at our Columbus law offices.

Punishments for Gun and Firearm Convictions in the State of Ohio

Individuals who are convicted of weapons offenses in Ohio are punished in accordance with the following sentencing guidelines:

• First-Degree Misdemeanor: Up to 180 days in jail and a fine of up to $1,000
• Fifth-Degree Felony: Up to 12 months in prison and a fine of up to $2,500
• Fourth-Degree Felony: Up to 18 months in prison and a fine of up to $5,000
• Third-Degree Felony: Up to 5 years in prison and a fine of up to $10,000
• Second-Degree Felony: Up to 8 years in prison and a fine of up to $15,000
• First-Degree Felony: Up to 10 years in prison and a fine of up to $20,000

At the Law Office of James D. Owen, LLC, we understand how terrifying the penalties for Ohio weapon crime convictions can be. As such, we always work tirelessly to try to help our clients avoid them. If you would like our law firm to represent you throughout your weapons case, just give us a call today to set up an initial consultation.

Your Knowledgeable Weapons Charges Lawyer in Columbus, Ohio

When you need an experienced attorney to help you fight back against your weapons charges, there is only one law firm you need to turn to – the Law Office of James D. Owen, LLC. We have been vigorously defending Columbus residents against their criminal charges for years, and we would love to do the same for you. Contact us today to set up a free consultation with a member of our team.