Gun laws are different in every state. In addition to state law, there may be federal gun laws that conflict or add to the state requirements. Gun laws frequently change, so you should be sure any information you rely on is up to date. If you are thinking about owning or using a gun in Ohio, this article can provide some general guidelines to the rules you need to be aware of if you want to avoid criminal charges or unpleasant police encounters.
Possession of a Firearm
While the 2nd Amendment guarantees U.S. citizens the right to possess a firearm, every state limits that right is some fashion. Those limits have mostly been upheld by the courts against constitutional challenges. Even if you disagree with the state laws of Ohio, count on being prosecuted, convicted and sentenced if you disobey them. Be aware that gun laws often carry severe penalties, and many involve mandatory prison terms.
Ohio law provides that certain citizens have a "disability" that removes the privilege to possess a firearm. Unless a court has removed your disability, you may not legally possess a firearm in Ohio if:
- You are a fugive from justice (any open warrant or capias for failure to appear in court will apply)
- You have been convicted, or are under indictment for any violent felony offense (for example, felonious assault, robbery, burglary, rape, kidnaping) or you have been adjudicated deliquent for such an offense.
- You have been convicted, adjudicated deliquent, or are under indictment for any drug offense, regardless how minor. (Yes, minor misdemeanor marijuana tickets that you paid out do count as convictions for a drug offense under this statute.)
- You are drug dependent, in danger of becoming drug dependent, or a chronic alcoholic. (This category covers some shaky ground. The state may have trouble proving you are "in danger of becoming drug dependent," but can probably get a judge or jury to agree that you are drug dependent or a chronic alcoholic if you have multiple convictions for DUI and/or other alcohol related offenses, or if you are in a court-ordered drug treatment program.
- You are found to be mentally incompetent or defective by court order, have been committed to a mental institution, or have been involuntarily hospitalized for mental illness.
In addition to these state disabilities, federal law prohibits possession of a firearm if you have been covicted of any offense of violence against a family member, even if it is a misdemeanor offense, or if you have been the subject of a protective order. Other federal rules may also apply.
It is important to know that possession is not the same as ownership. The state does not need to prove that the firearm belongs to you, or that you actually touched it. If you know the weapon is present, and you have the ability to control it, you can be found to possess it. More than one person can possess the same gun at the same time, if all of them have access to it.
It is very dangerous to have a firearm in the place where you live if you are under disability, even if it is legal for another occupant of the house or apartment to possess a gun. If you live with someone else who has a gun, the gun must be secured so that you don't have access to it, or you may find yourself facing charges. A safe or a gunlock may be a good solution, as long as you can't open them.
Transportation of a Firearm
Having a gun in an automobile involves a additional set of rules that must be followed. Even if you are legally in possession of the gun, you can be charged with a crime for improperly transporting it in your car. If you have a valid concealed carry permit, a different set of rules apply, and you will have studied those rules before being issued your permit. If you don't have such a permit, you cannot legally transport a loaded gun in a car, no matter where it is located. Never place a loaded firearm in your car.
Even if you unload the firearm before putting it in the vehicle, you are still in violation if the ammunition is in a magazine or speed loader and is also in the vehicle somewhere. An unloaded firearm must still be carried in a closed container, or placed in plain view in a rack or holster designed for that purpose. It is never legal to fire a gun from inside or on top of a motor vehicle. It is never legal to carry or fire a gun while intoxicated or under the influence of drugs.
Carrying a Concealed Weapon
Ohio has a complicated concealed carry law. The rules are too involved to cover in a brief article. You must take a class and pass a test on these rules before a permit will be issued to you. The fact that you have a permit doesn't mean you don't have rules to follow. If you break the rules, your permit won't keep you from being charged with a crime. In addition to any criminal penalty, if you are convicted of breaking the rules, you may lose your right to concealed carry, temporarily or permanently.
Illegal Use
With or without a permit, committing a felony with a firearm in your possession means mandatory prison time if you are convicted. Even if the gun is never used in the crime, or even taken out of your pocket, just having it with you makes prison time mandatory for any felony you commit. The state may add additional mandatory prison time to any sentence you receive by including a "specification" to your charge that you were possessed or used the firearm while committing your crime. Additional, more severe, specifications can be attached if you used an automatic weapon, an illegal weapon such as a sawed-off shotgun, or a silencer, or if you fired the gun from a motor vehicle. While all of these rules may sound complicated, the easy thing to remember is that you will go to prison if you commit a felony while carrying a gun.
