Ohio law has recently enacted legislation which allows its citizens to lawfully carry a concealed weapon by applying for and receiving a permit under § 2923.125 – Ohio’s Concealed Carry Law. But concealed carry permit holders are required to notify officers if stopped of the weapons they possess. In addition, permit holders cannot be under the influence of alcohol or a drug of abuse while in possession of a weapon. If this occurs, the authority to possess the concealed weapon is vitiated and the concealed carry permit holder can be charged with a felony offense.
Ohio law also allows its citizens to seek relief from a “disability” by petitioning a court under R.C. § 2923.14. If successful, the disability from the prior conviction is “purged” and the person’s Second Amendment rights are restored as if the offense had not occurred. This not only allows them to purchase and possess a firearm but also to apply for a concealed carry permit.
Sentencing on weapons cases in Ohio varies greatly and focuses heavily on the offenders record and the circumstances surrounding the possession, i.e. where was the offender located? Was there evidence of drug dealing or other illegal activity? Was the offender intoxicated or under the influence of drugs at the time? In Weapon Under Disability (WUD) cases, prosecutors can add onto the charge a “firearm specification” which means that the offender must serve at least one year in prison in addition to the time on the underlying offense.
Because of the complex and serious nature of Ohio law, any individual charged with a weapons offense should retain an experienced criminal defense lawyer to ensure that their rights are protected.
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