Ohio Concealed Weapon Charges

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Ohio is a “shall-issue” state, which means that any resident over the age of 21 can apply for a concealed weapons permit. They must successfully complete a firearms safety course and not be prohibited from owning a firearm. Applications can be made through the local sheriff’s department and applicants must be able to pass a state criminal background check. A federal NICS check will be done if the person has not been an Ohio resident for the previous five years. All concealed weapons permits are valid for a period of five years.

Ohio Weapons Laws

The weapon laws in Ohio are very liberal as compared to most other states. It is legal to openly carry a loaded firearm in public. State laws prohibit carrying a firearm openly or concealed with a valid permit in the following locations:

  • All public schools
  • Any sheriff, police or state highway patrol station
  • All jails, correctional institutions or detention facilities
  • Any place controlled by the Ohio Bureau of Criminal Identification and Investigation
  • Airport passenger terminal or commercial airplane
  • All courthouses or any building with a courtroom
  • All university campuses (unless securely locked in a motor vehicle)
  • Any institution that cares for the mentally ill
  • Any place licensed to serve alcohol on the premises
  • All child day-care facilities
  • All places of worship
  • Any building leased or owned by state government
  • Any place where federal law prohibits firearms
  • Any school safety zone
  • Any government facility that is not primarily used as a shelter, parking facility or rest facility
  • All Capitol buildings and grounds
  • Any establishment that has a Class D liquor permit

The principal holder of a Class D liquor license can carry a concealed weapon with a permit as long as they are not consuming alcohol.

Violations

Anyone who has a concealed weapon must inform the police immediately if they are detained for any reason. Failing to do so will result in a misdemeanor charge and the concealed weapons permit will be suspended for one year. The Ohio weapons violations are listed below:

Type of Crime

Description of the Offense

Jail Time & Amount of Fine

Fourth Degree Misdemeanor Offense

Failing to report a lost or stolen firearm to the police

Not more than 30 days in jail

Maximum fine of $250

Third Degree Misdemeanor Offense

Possessing a revoked or suspended concealed handgun license

Not more than 60 days in jail

Maximum fine of $500

First Degree Misdemeanor Offense

Carrying or possessing a concealed handgun without a valid license

Carrying a concealed handgun and not informing law enforcement after being detained

Selling a firearm to anyone who is not legally eligible to possess a firearm

Knowingly transferring an altered or defaced firearm to another person

Not more than 6 months in jail

Maximum fine of $1,000

Fifth Degree Felony Offense

Anyone who has a documented history of substance abuse found possessing a firearm

Illegal possession of a firearm on the premises of an establishment with a Class D liquor permit

From 6 to 12 months in jail

A fine of up to $2,500

Third Degree Felony Offense

Carrying or possessing a concealed firearm within a school zone

Carrying or possessing a concealed firearm on the premises of an establishment that has a liquor permit

Altering a concealed carry permit

From 1 to 5 years in prison

A fine of up to $10,000

Plea Options

After an individual is charged with a crime, he must enter one of the following pleas at their arraignment hearing:

  • Guilty—If they plead guilty, the judge will explain the charges and either pronounce a sentence immediately or continue the matter at a later date.
  • No Contest—This is the equivalent of a guilty plea but the person cannot be held liable in any civil action.
  • Not Guilty—This is the best choice because the prosecutor has the burden of proof.

All criminal defendants have the right to a speedy trial, which means that the trial must begin within a certain timeframe. If they are charged with a third or fourth-degree misdemeanor in Ohio, their trial must begin within 45 days. For a first or second-degree misdemeanor, it must take place within 90 days, and felony trials must begin within 275 after their arrest.

Contact an Ohio Criminal Defense Attorney

Anyone charged with a misdemeanor or felony offense needs competent legal help. An experienced criminal defense attorney is familiar with how the system works. They know when to obtain a plea bargain for their client or take the case to court. If you are facing jail time, contact a criminal defense lawyer immediately for help.

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