What Are Some Defenses for a Weapons Charge in Delaware, OH?

Judge gavel and hand gun

As a legal gun owner in Delaware (and all of Ohio), you can bring your firearms anywhere in the state. Most gun owners can legally carry handguns in the state openly. However, there are places where firearms are restricted and prohibited by law, such as courthouses, police stations, and other specified locations.

Although this is the case, there are numerous reasons you can be arrested on a weapons charge in Ohio and find yourself facing serious jail time. If you’re facing gun or weapons charges in Ohio, you must consult with an experienced defense attorney and have them on your side from the start.

The gun laws in Ohio are legally complex, and what might seem trivial, depending on the specific circumstances of your case, might land you in jail for years. This is especially true if you have any type of criminal history.

If you have a criminal history, then certain sections of the Ohio weapons laws, such as “weapons under disability,” can be utilized, severely heightening the consequences you may face.

Ohio is a “shall issue” state. So, if you properly apply for a concealed carry license, and you are not prohibited from possessing a firearm or obtaining a license, you shall be issued a concealed carry permit. Although beginning June 12, 2022, the rules around conceal carry will change slightly, it is still wise to have the permit if you qualify.

However, every day in Ohio, qualified gun-owning residents are charged with some type of weapons charge. Your experienced gun crimes lawyer will explain these most common defenses against weapons charges:

  • False accusation
  • A firearm or weapon belonged to or was in possession of another person
  • You were the victim of an illegal search and seizure.
  • The item is not legally defined as a weapon.
  • Lack of evidence on the prosecutor’s behalf.
  • You had no intent to harm anyone.
  • You were the victim of misidentification.
  • You needed the weapon for self-defense.
  • The weapon was unknown to you.
  • You have a valid Ohio Concealed Handgun License.

One of these defenses may work well for the average citizen with no criminal history and depending on the circumstances involved. However, don’t take the chance of trying to explain your case to the court. Consult with a professional Delaware weapons charge law firm as your freedom may depend on it.

What is “Weapons Under Disability in Delaware, Ohio?

“Weapons under disability” is another section of Ohio gun laws and is knowingly acquiring, having, carrying, or using any firearm or dangerous ordnance, if any of the following apply:

  • You are a fugitive from justice.
  • If you are under formal accusation for or have been convicted of any felony offense of violence or have been adjudicated a delinquent child for the commission of a crime that would have been a felony of violence if committed by an adult.
  • You are under formal accusation for or convicted of a felony drug offense, either as an adult or a juvenile.
  • You are drug dependent or a chronic alcoholic.
  • A court has deemed you mentally incompetent, mentally defective, or mentally ill and subject to hospitalization, or you have been committed to a mental institution.

If any of these apply to you and the charges you face, you must immediately consult with an experienced Delaware criminal defense lawyer.

Do I Still Need a Lawyer If It’s My First-Time Gun Charge?

The simple and best answer is, “Yes, you do”! Carrying concealed weapons is still a severe weapons offense in Ohio and usually results in harsh and unforgiving penalties.

If convicted, this charge will permanently be on your criminal record, regardless of what happened in your case.

It’s understandable that you are scared and overwhelmed by the charges you will face. Suppose you are convicted of carrying concealed weapons in Ohio. In that case, the penalties that you will encounter are always dependent on the severity of the specifics of your case, such as whether you have a concealed carry license, where the offense occurred, and whether you have had any prior convictions.

If you face your first carrying concealed weapons conviction in Ohio, you will be charged with a first-degree misdemeanor. Still, however, you could face up to 180 days in jail and up to $1,000 in fines!

So, even if it’s your first offense, it’s wise and prudent to consult with a professional weapons charge law team to get the guidance you need. A weapons conviction could impact the rest of your life, don’t leave the outcome up to chance.

What Types of Weapons Charges Can I Be Charged With In Ohio?

There are numerous weapons charges that you may face and that your gun defense lawyer can help defend you against successfully. Some examples are; carrying concealed weapons, weapons upon disability, improperly handling firearms in a motor vehicle, possessing several types of criminal tools, possessing a firearm while intoxicated, and more.

The consequences you may face for your gun charge in Ohio depend on whether you were charged with a felony or a misdemeanor. Your charges can range from a fourth-degree misdemeanor (which may get you up to 30 days in jail and a fine of up to $250) to a third-degree felony (which gets you up to five years in prison and a fine of up to $10,000).

Also, you must consider that a gun conviction can result in many potential collateral consequences, including difficulty maintaining employment or finding a job, difficulty being approved for housing, and much more.

I Have Been Charged With a Weapons Charge in Ohio; How Should I Proceed?

Ohio’s gun laws are complex, and your defense must be strategically formed to the circumstances of your specific case. It’s important to remember there may be many legal “twists & turns” concerning your weapons charge in Ohio. Accordingly, you need a criminal defense law team that’s experienced and knowledgeable in defending all types of weapons charges.

The good news is that there are numerous defenses available to contest your charge and avoid a conviction’s harsh penalties.

To protect your 2nd Amendment rights and your freedom, you must consult immediately with a Delaware, Ohio law team that understands the severity of a potential gun or weapon charge. Your criminal defense law team will always provide the experienced and aggressive criminal defense you need to best defend your case.

Related Posts
  • Weapons Under Disability & Weapons Specification Read More
  • What Are My Gun Rights in Ohio? Read More
  • How Did Ohio’s Gun Laws Change in 2022? Read More

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