Columbus and Delaware, Ohio Criminal Defense Attorney
If you have been charged with weapons under disability in Columbus or Delaware, Ohio, contact Johnson Legal, LLC and speak with an experienced Columbus and Delaware, Ohio criminal defense attorney. Attorney David Johnson of Johnson Legal, LLC will discuss your case and assist you in fighting the charges. Call (614) 987-0192 or send an email to schedule a consultation regarding your case.
What is Weapons Under Disability in Ohio?
Having weapons under disability, pursuant to R.C. 2923.13, is 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 of violence;
- The person is under indictment for or has been convicted of a felony drug offense, either as an adult or a juvenile;
- The person is drug dependent, in danger of drug dependence, or a chronic alcoholic; or
- A court has deemed the person mentally incompetent, mentally defective or mentally ill and subject to hospitalization, or the person is or has been committed to a mental institution.
So, what is a “dangerous ordnance?” This is defined under R.C. 2923.11(K) as any of the following:
- Any automatic or sawed-off firearm, zip-gun or ballistic knife;
- Any explosive or incendiary device;
- Compounds and explosives such as nitroglycerin, nitrocellulose, TNT and dynamite;
- Any firearm, grenade, bomb or similar weapon designed and manufactured for military purposes, and the ammunition for that weapon;
- Any firearm muffler or suppressor; and
- Any combination of parts that is intended for use by the owner in converting any firearm or other device into a dangerous ordnance.
Ohio Penalties for Weapons Under Disability
Having weapons under disability in Ohio is a 3rd degree felony, which carries a prison term of 9 months – 3 years and a $10,000 fine.
Possible Defenses for Weapons Under Disability in Ohio
The most common and best tactic to addressing a weapons under disability offense in Ohio is to file a motion to suppress. Your attorney will argue that the search that uncovered the weapon was unconstitutional. A recent case, State v. Reece, demonstrates this principle.
Reece was sitting in his vehicle, officers approached and asked for his identification. Reece provided his identification and determined that Reece was not the person they were looking for. However, the officer’s believed Reece was covering something in his waistband. A search revealed a firearm and Reece was indicted for Carrying Concealed Weapons and Weapons Under Disability. The court granted Reece’s motion to suppress because the search was unconstitutional.
Columbus and Delaware, Ohio Weapons Under Disability Attorney
If you have been charged with carrying concealed weapons, you should hire an attorney immediately. Contact Attorney David Johnson of Johnson Legal, LLC and speak with an experienced Columbus and Delaware, Ohio criminal defense attorney. Attorney Johnson will examine your case and assist you in putting forth the strongest defense possible. Call Johnson Legal, LLC at (614) 987-0192 or send an email to discuss your case.