Possession of a Firearm by a Felon
People who have been convicted of certain felony offenses can be prohibited from possessing firearms or dangerous ordnances in Ohio. Alleged offenders who have been convicted of any felony offense of violence or any felony offense involving the illegal possession, use, sale, administration, distribution, or trafficking in any drug of abuse as well as other groups of individuals can be charged with the felony offense of having weapons while under disability if they allegedly possess a firearm.
People prohibited from possessing firearms or dangerous ordnances may petition for relief from their weapons disabilities. If an individual is convicted of being in unlawful possession of a firearm because of a prior felony conviction, that person could be sentenced to a lengthy prison term and ordered to pay a substantial fine.
Attorney for Possession of a Firearm by a Felon in Cincinnati, OH
If you were recently arrested in the greater Hamilton County area for having a weapon while under disability, it is in your best interest to exercise your right to remain silent until you have legal representation. Joslyn Law Firm aggressively defends clients accused of firearm and weapon crimes all over southwest Ohio, including Harrison, Miamitown, Norwood, Springdale, Sycamore, Anderson, Bridgetown, Delhi, Green, and several other nearby communities.
Cincinnati criminal defense lawyer Brian Joslyn can fight to help you achieve the most favorable outcome to your case, including possibly having the criminal charges reduced or dismissed. Call (513) 399-6289 right now to take advantage of a free initial consultation that will allow our attorney to provide a complete evaluation of your case.
Ohio Possession of a Firearm by a Felon Information Center
- Who can be charged with having a weapon while under disability?
- What are the consequences of being convicted of this crime?
- Where can I find more information about possession of a firearm by a felon in Cincinnati?
Unless relieved from disability under operation of law or legal process (a phrase that does not include the mere completion, termination, or expiration of a sentence imposed as a result of a criminal conviction), Ohio Revised Code § 2923.13 prohibits a person from knowingly acquiring, having, carrying, or using any firearm or dangerous ordnance, if any of the following apply:
- The person is a fugitive from justice;
- The person is under indictment for or has been convicted of any felony offense of violence or has been adjudicated a delinquent child for the commission of an offense that, if committed by an adult, would have been a felony offense of violence;
- The person is under indictment for or has been convicted of any felony offense involving the illegal possession, use, sale, administration, distribution, or trafficking in any drug of abuse or has been adjudicated a delinquent child for the commission of an offense that, if committed by an adult, would have been a felony offense involving the illegal possession, use, sale, administration, distribution, or trafficking in any drug of abuse;
- The person is drug dependent, in danger of drug dependence, or a chronic alcoholic; or
- The person is under adjudication of mental incompetence, has been adjudicated as a mental defective, has been committed to a mental institution, has been found by a court to be a mentally ill person subject to court order, or is an involuntary patient other than one who is a patient only for purposes of observation ("mentally ill person subject to court order" and "patient" have the same meanings as in Ohio Revised Code § 5122.01).
Ohio Revised Code § 2923.11(K) defines a dangerous ordnance is defined as any of the following:
- Any automatic or sawed-off firearm, zip-gun, or ballistic knife;
- Any explosive device or incendiary device;
- Nitroglycerin, nitrocellulose, nitrostarch, PETN, cyclonite, TNT, picric acid, and other high explosives; amatol, tritonal, tetrytol, pentolite, pecretol, cyclotol, and other high explosive compositions; plastic explosives; dynamite, blasting gelatin, gelatin dynamite, sensitized ammonium nitrate, liquid-oxygen blasting explosives, blasting powder, and other blasting agents; and any other explosive substance having sufficient brisance or power to be particularly suitable for use as a military explosive, or for use in mining, quarrying, excavating, or demolitions;
- Any firearm, rocket launcher, mortar, artillery piece, grenade, mine, bomb, torpedo, or similar weapon, designed and manufactured for military purposes, and the ammunition for that weapon;
- Any firearm muffler or suppressor; or
- Any combination of parts that is intended by the owner for use in converting any firearm or other device into a dangerous ordnance.
A dangerous ordnance, however, does not include any of the following:
- Any firearm, including a military weapon and the ammunition for that weapon, and regardless of its actual age, that employs a percussion cap or other obsolete ignition system, or that is designed and safe for use only with black powder;
- Any pistol, rifle, or shotgun, designed or suitable for sporting purposes, including a military weapon as issued or as modified, and the ammunition for that weapon, unless the firearm is an automatic or sawed-off firearm;
- Any cannon or other artillery piece that, regardless of its actual age, is of a type in accepted use prior to 1887, has no mechanical, hydraulic, pneumatic, or other system for absorbing recoil and returning the tube into battery without displacing the carriage, and is designed and safe for use only with black powder;
- Black powder, priming quills, and percussion caps possessed and lawfully used to fire a cannon of a type defined in division (L)(3) of this section during displays, celebrations, organized matches or shoots, and target practice, and smokeless and black powder, primers, and percussion caps possessed and lawfully used as a propellant or ignition device in small-arms or small-arms ammunition; or
- Dangerous ordnance that is inoperable or inert and cannot readily be rendered operable or activated, and that is kept as a trophy, souvenir, curio, or museum piece.
Having weapons while under disability is third-degree felony in Ohio. Convictions may be punishable by any combination of the following:
- Up to five years in prison; and/or
- Fine of up to $10,000.
Felony convictions can also have several additional long-term consequences even after fines have been paid and prison sentences have been served. Convicted felons not only face numerous hardships when seeking employment or housing, but they also become ineligible for financial aid and prohibited from firearm possession.
Relief from weapons disability, Ohio Revised Code § 2923.14 — View the full text of the state law governing relief for prohibition on acquiring, having, carrying, or using firearms. Upon a hearing, a court may grant an applicant relief if all of the following apply: His or her disability is based upon an indictment, a conviction, or an adjudication in which the applicant has been fully discharged from imprisonment, community control, post-release control, and parole, or, if the applicant is under indictment, has been released on bail or recognizance, or the disability is based upon a factor other than an indictment, a conviction, or an adjudication and that factor no longer is applicable to the applicant, the applicant has led a law-abiding life since discharge or release, and appears likely to continue to do so, and the applicant is not otherwise prohibited by law from acquiring, having, or using firearms. A person cannot petition for relief from weapons disability if he or she has been convicted of or pleaded guilty to a violation of Ohio Revised Code § 2923.132 or to a person who, two or more times, has been convicted of or pleaded guilty to a felony and a specification of the type described in Ohio Revised Code § 2941.141, 2941.144, 2941.145, 2941.146, 2941.1412, or 2941.1424.
National Instant Criminal Background Check System (NICS) | FBI — The NICS is the database used by Federal Firearms Licensees (FFLs) to instantly determine whether prospective buyers are eligible to buy firearms. Private sellers and unlicensed dealerships are not required to perform background checks. On this website, you can learn more about the NCIS and how to request an appeal if you believe you have been wrongfully denied a firearm transfer.
Joslyn Law Firm | Cincinnati Possession of a Firearm by a Felon Defense Lawyer
Were you arrested for having a weapon while under disability in southwest Ohio? Do not say anything to authorities without legal counsel. Contact Joslyn Law Firm right away.
Brian Joslyn is an experienced criminal defense attorney in Cincinnati who represents individuals in Montgomery, Reading, Springfield, Symmes, Blue Ash, Colerain, Forest Park, Miami, and many surrounding areas of Hamilton County. He can review your case and answer all of your legal questions when you call (513) 399-6289 or submit an online contact form to schedule a free initial consultation.