The Different Types of Weapons Charges and Their Penalties

The consequences of weapons charges can be severe, and the penalties may vary depending on a variety of factors.

From unlawful possession to illegal transportation, understanding the different types of weapons charges can help you protect your rights if you are ever charged with one.

This article provides an overview of the various types of weapons charges and their respective penalties so that you can make informed decisions about how best to handle any potential legal issues. If you need more help, contact a Cleveland weapons charges lawyer at The Botnick Law Firm today.

Understanding Weapons Charges in Ohio

Weapons charges in Ohio can be complex and carry serious consequences. It is crucial to have a basic understanding of the various types of weapons charges in Ohio, the associated penalties, and the potential defenses that may be available to you.

Some examples of the different types of weapons charges in Ohio include:

• Possessing firearms by prohibited persons
• Possessing illegal weapons such as machine guns
• Unlawfully carrying concealed weapons
• Manufacturing or selling illegal weapons
• Illegal transportation of weapons

No matter the charge type, all weapon crimes require an experienced attorney to protect your rights throughout the legal process.

Possessing an Illegal Firearm or Weapon

In Ohio, possessing certain types of weapons, also known as “dangerous ordinances,” is classified as a fifth-degree felony under Ohio Revised Code §§ 2923.11, 2923.17 (2019).

These weapons include:

• Automatic and sawed-off firearms
• Ballistic knives
• Explosives
• Military weapons and ammunition
• Silencers

Penalties for possessing illegal weapons in Ohio include up to 12 months in prison and a fine of up to $2,500.

It is important to note that Ohio gun laws are complex and can change frequently. Therefore, if you are unsure about the legality of a weapon, it is advisable to seek legal advice.

Carrying Concealed Weapons Without a Permit

Ohio law defines a concealed weapon as any deadly weapon, such as a firearm or knife, carried on a person in a way that is not visible to others.

Under Ohio Revised Code § 2923.12, it is illegal to carry a concealed weapon without a permit. The only exceptions are for individuals authorized to carry a concealed weapon, such as law enforcement officers and military personnel.

Carrying a concealed weapon without a permit is a fourth-degree felony in Ohio. The penalty for this offense is up to 18 months in prison and a fine of up to $5,000.

Improper Discharge of a Firearm

Under Ohio Revised Code § 2923.162, it is illegal to discharge a firearm in any of the following ways:

• Recklessly, meaning that the offender acted with a disregard for the safety of others
• Negligently, meaning that the offender acted with a failure to exercise reasonable care
• Within 1,000 feet of a school safety zone, a courthouse, a government building, or other prohibited areas

The penalty for improperly discharging a firearm in Ohio varies depending on the circumstances of the offense. If the offender recklessly or negligently discharges a firearm, it is a first-degree misdemeanor. The penalty for this offense is up to six months in jail and a fine of up to $1,000.

If the offender discharges a firearm within 1,000 feet of a school safety zone or other prohibited areas, it is a fifth-degree felony. The penalty for this offense is up to 12 months in prison and a fine of up to $2,500.

Illegal Transportation of Weapons

Ohio law prohibits the transportation of certain types of weapons—such as firearms, knives, and other dangerous weapons—in certain circumstances.

Under Ohio Revised Code § 2923.16, it is illegal to transport a firearm or dangerous ordnance in a motor vehicle, watercraft, or aircraft if:

• The firearm or dangerous ordnance is accessible to the operator or any passenger without leaving the vehicle
• The firearm or dangerous ordnance is not carried in a holster, gun case, or other suitable containers

The penalty for illegal transportation of weapons in Ohio varies depending on the circumstances of the offense. If the offender transports a firearm or dangerous weapon violating the above rules, it is a fourth-degree felony. The penalty for this offense is up to 18 months in prison and a fine of up to $5,000.

Possession of Weapons by Prohibited Persons

Ohio law prohibits certain individuals from possessing firearms and other dangerous weapons due to their criminal history or other factors that make them a danger to society.

Under Ohio Revised Code § 2923.13, it is illegal for a prohibited person to knowingly acquire, have, carry, or use any firearm or dangerous weapon.

Prohibited persons include individuals who:

• Have been convicted of a violent offense, such as murder, manslaughter, or assault
• Have been convicted of a drug offense, such as drug trafficking or possession with intent to distribute
• Have been adjudicated as mentally incompetent or committed to a mental institution
• Are fugitives from justice
• Have been convicted of certain domestic violence offenses
• Are under the age of 18

Possession of a firearm by a prohibited person is a third-degree felony. The penalty for this offense is up to five years in prison and a fine of up to $10,000.

Potential Defenses to Weapons Charges

If you are facing weapons charges in Ohio, several potential defenses may be available to you. The defenses available to you will depend on the specific circumstances of your case.

Some potential defenses to weapons charges in Ohio include:

• Self-defense
• Mistaken identity
• Police misconduct
• Lack of knowledge
• Invalid search warrant

It is important to note that these are just a few potential defenses to weapons charges in Ohio. The effectiveness of these defenses will depend on the specific circumstances of your case, and it is essential to seek legal advice from a qualified attorney.

What to Do If You’re Facing Weapons Charges in Ohio

If you are facing weapons charges in Ohio, it is crucial to take action immediately. The penalties for weapons offenses can be severe, and the stakes are high.

It is important to seek legal advice from an experienced criminal defense attorney who can evaluate the facts of your case and develop a defense strategy tailored to your situation.

The Botnick Law Firm is a team of skilled Cleveland criminal defense lawyers committed to fighting for their clients’ rights. Contact us today for a consultation to discuss your case and learn how we can help you.