Ohio Weapons Charges: CCW, Improper Handling, and Weapons Disability Defense

Ohio's gun laws create criminal liability in situations many gun owners don't anticipate. You can be charged with weapons offenses even if you legally own your firearm, have no criminal intent, and made an honest mistake. Understanding Ohio Revised Code Chapter 2923—the state's weapons statute—is critical for anyone who owns, carries, or transports firearms in Ohio.

Ohio's Main Weapons Offenses

ORC § 2923.12: Carrying Concealed Weapons

ORC § 2923.12 is Ohio's concealed carry statute. It prohibits carrying a concealed deadly weapon—most commonly a handgun—without a valid concealed handgun license (CHL).

What the Law Says

You violate ORC § 2923.12 if you knowingly:

• Carry a concealed handgun without a CHL
• Carry other deadly weapons concealed (knives over a certain length, brass knuckles, etc.)
• Carry a concealed handgun in a prohibited location even with a CHL

Penalties

Carrying concealed without a license is typically a first-degree misdemeanor punishable by up to 6 months in jail and fines up to $1,000. However, penalties increase if:

• You have prior convictions
• The weapon was loaded
• You were in a prohibited location
• You had drugs or alcohol in your system

In some cases, CCW violations can be charged as fourth-degree felonies with 6-18 months in prison.

Common Defenses

• Lack of knowledge: You didn't know the weapon was concealed or present
• Valid CHL: You had a valid license but it wasn't recognized
• Improper stop or search: Police violated your Fourth Amendment rights
• Exempt status: You fall under a statutory exception (law enforcement, military, etc.)

ORC § 2923.13: Having Weapons While Under Disability

ORC § 2923.13 prohibits certain people from possessing firearms or dangerous ordnance. This is Ohio's "weapons disability" statute.

Who Is "Under Disability"?

You're prohibited from possessing firearms if you:

• Were convicted of a felony or certain violent misdemeanors
• Are a fugitive from justice
• Are subject to a civil protection order (CPO) under ORC § 3113.31
• Have been adjudicated mentally incompetent or committed to a mental institution
• Are addicted to or abuse controlled substances
• Are a chronic alcoholic
• Were convicted of domestic violence under federal or state law

Federal Overlap

Federal law (18 U.S.C. § 922(g)) has similar prohibitions and often runs parallel to state charges. Violating both can result in federal prosecution, which typically carries harsher penalties.

Penalties

Weapons disability violations are typically third-degree felonies punishable by 9-36 months in prison and fines up to $10,000. Enhanced penalties apply if you were previously convicted of weapons disability violations.

Common Defenses

• Challenge the underlying conviction: Was your felony conviction valid? Was your right to counsel violated?
• Expired disability: Some disabilities have time limits
• Lack of knowledge: You didn't know the weapon was in your possession
• Relief of disability: You applied for and received restoration of firearm rights

ORC § 2923.16: Improper Handling of Firearms in a Motor Vehicle

ORC § 2923.16 governs how firearms can be transported in vehicles. This statute trips up many otherwise law-abiding gun owners.

What the Law Prohibits

You violate ORC § 2923.16 if you knowingly:

• Transport or possess a loaded firearm in a vehicle
• Transport or possess a firearm that is accessible without leaving the vehicle
• Transport or possess a loaded firearm while under the influence of alcohol or drugs

What "Loaded" Means

A firearm is "loaded" if:

• Ammunition is in the chamber or magazine
• Ammunition is in a speedloader or similar device attached to the firearm

This means even if the chamber is empty but you have a loaded magazine inserted, the firearm is legally "loaded."

Exceptions and Safe Harbor

Ohio law provides exceptions for:

• Valid CHL holders: Can transport loaded firearms if they follow CHL rules
• Unloaded and properly stored: Firearms must be unloaded and kept in a closed container, case, or compartment separate from ammunition
• Long guns in racks: Some exceptions for rifles and shotguns

Even with a CHL, you must:

• Keep the handgun holstered or in a closed case/compartment
• Not be under the influence of alcohol or drugs
• Disclose the weapon to law enforcement during a traffic stop

Penalties

Improper handling is typically a fourth-degree misdemeanor (up to 30 days in jail, $250 fine) if the firearm is unloaded but improperly accessible.

If the firearm is loaded, penalties increase to a first-degree misdemeanor (up to 6 months in jail, $1,000 fine).

If you're under the influence or in a prohibited location, penalties can escalate to felony charges.

Common Scenarios

• Gun in glove box during traffic stop (improper storage)
• Loaded magazine in center console with firearm (accessible while loaded)
• Firearm under seat during OVI arrest (loaded + under influence)
• Transporting after drinking at shooting range (under influence)

Common Defenses

• Proper storage: The firearm was unloaded and in a proper case
• Valid CHL and compliance: You had a CHL and followed all requirements
• Lack of knowledge: You didn't know the firearm was loaded or accessible
• Improper search: Police violated your rights during the traffic stop

Overlapping Charges: Weapons and Other Offenses

Weapons charges rarely stand alone. They often accompany:

OVI/DUI Charges

If you're arrested for OVI under ORC § 4511.19 and have a firearm in the vehicle, expect:

• Improper handling charges (ORC § 2923.16)
• Potential CCW violations if the firearm was concealed
• Enhanced OVI penalties
• Immediate license suspension

Drug Charges

Possessing firearms during drug offenses under ORC § 2925.11 (possession) or ORC § 2925.03 (trafficking) triggers:

• Mandatory additional prison time (firearm specifications)
• Felony enhancements
• Federal charges if drugs + guns = trafficking presumption

Domestic Violence

If you're convicted of domestic violence under ORC § 2919.25 or subject to a civil protection order under ORC § 3113.31, you:

• Cannot possess firearms (state and federal law)
• Must surrender all firearms immediately
• Face weapons disability charges if you don't comply

Defending Ohio Weapons Charges

Challenge the Stop and Search

Many weapons charges begin with traffic stops or searches. If law enforcement:

• Lacked reasonable suspicion to stop you
• Lacked probable cause to search your vehicle
• Exceeded the scope of a consensual encounter
• Violated your Fourth Amendment rights

The evidence can be suppressed, resulting in dismissal of charges.

Prove Lack of Knowledge

Ohio's weapons statutes require knowing conduct. If you can show:

• You didn't know the firearm was present
• You didn't know it was loaded
• You didn't know you were in a prohibited location
• You reasonably believed you had a valid exception

You may have a viable defense.

Establish Statutory Exceptions

Ohio law provides numerous exceptions to weapons offenses:

• Law enforcement and military personnel
• Licensed security guards and private investigators
• Persons transporting firearms to/from shooting ranges or repair shops
• CHL holders complying with statutory requirements

If you fall under an exception, charges should be dismissed or reduced.

Challenge Prior Convictions (Weapons Disability Cases)

For ORC § 2923.13 cases, challenge:

• The validity of prior convictions (were your rights violated?)
• Whether the prior conviction actually qualifies as a disabling offense
• Whether you obtained relief from disability through proper legal channels

Negotiate Favorable Outcomes

Experienced weapons defense attorneys can often negotiate:

• Dismissal if the case is weak or evidence is suppressible
• Reduction from felony to misdemeanor or from misdemeanor to minor misdemeanor
• Diversion programs that result in no conviction if successfully completed
• Concurrent sentences if weapons charges accompany other offenses

Delaware and Franklin County Considerations

Local Enforcement Patterns

Delaware County and Franklin County see high volumes of weapons charges, particularly:

• Traffic stops along US-23 and I-71 where firearms are discovered
• OVI arrests where firearms are in vehicles
• Domestic violence cases where weapons must be surrendered

Local Court Practices

Delaware Municipal Court and Franklin County Municipal Court handle misdemeanor weapons charges. Court of Common Pleas handles felonies.

Local prosecutors tend to:

• Take weapons charges seriously, especially if drugs or alcohol are involved
• Offer reasonable pleas if you have no criminal history and cooperate
• File mandatory firearm specifications when applicable

Highway Patrol and Sheriff Procedures

Ohio State Highway Patrol and county sheriff's deputies follow standardized procedures during traffic stops involving firearms:

• Immediate questions about weapons during the stop
• Requests to secure firearms during the encounter
• Thorough searches if probable cause exists

Knowing how to respond during these encounters can prevent charges from being filed in the first place.

What to Do If You're Charged

Immediate Steps

1. Do not speak to police without an attorney present
2. Do not consent to searches of your vehicle, home, or person
3. Document everything: the stop, search, statements made, witnesses present
4. Preserve evidence: dashcam footage, body cam requests, text messages about the firearm
5. Contact an attorney immediately—weapons charges carry serious penalties

Long-Term Strategy

• Challenge evidence: Suppress illegally obtained evidence
• Negotiate early: Early intervention can prevent formal charges or secure favorable pleas
• Seek relief from disability: If you're under disability, explore restoration of rights
• Comply with all court orders: Surrender weapons when required, attend all hearings

Restoring Gun Rights After Conviction

If you've been convicted of a weapons offense or lost your firearm rights due to other convictions, Ohio law provides mechanisms for restoration:

Expungement and Sealing

Some weapons convictions can be sealed under ORC § 2953.32, removing them from public records. This doesn't automatically restore federal firearm rights but helps with state-level consequences.

Relief from Disability

For felony convictions, you can apply for relief from disability to restore firearm rights. This requires:

• Petitioning the court that imposed the conviction
• Demonstrating rehabilitation
• Showing you're not a danger to public safety

Success rates vary depending on the underlying offense and your conduct since conviction.

Federal Relief

Federal law prohibits firearm possession for many offenses. Restoration of federal rights typically requires:

• State-level restoration of rights
• Presidential pardon (rare)
• ATF relief (currently unfunded and unavailable)

Common Myths About Ohio Gun Laws

Myth: "I can carry my gun anywhere with a CHL"

Reality: Even with a valid CHL, you cannot carry firearms in:

• Courthouses
• Schools and school safety zones
• Government buildings
• Airports (past security)
• Bars and establishments serving alcohol (if you're consuming)
• Places with posted prohibitions (private property rights)

Myth: "Unloaded guns can be transported anywhere"

Reality: Even unloaded firearms must be properly stored in a closed container or case and inaccessible from the passenger compartment unless you have a CHL and comply with ORC § 2923.16 requirements.

Myth: "If I have a CHL in another state, Ohio recognizes it"

Reality: Ohio has reciprocity with many states, but not all. Check current reciprocity agreements before carrying in Ohio with an out-of-state CHL.

Myth: "I can't be charged if the gun wasn't mine"

Reality: Constructive possession means you can be charged if you exercised control over a firearm even if you didn't own it. Being in a car with a firearm under the seat can result in charges.

Why You Need an Experienced Weapons Defense Attorney

Weapons charges are technical, evidence-intensive, and carry serious consequences:

• Jail time and fines
• Loss of firearm rights (sometimes permanently)
• Felony records affecting employment, housing, and professional licenses
• Federal charges with mandatory minimum sentences

At Mango Law, we've defended hundreds of weapons cases in Delaware and Franklin County. We know:

• How to challenge traffic stops and searches
• How to negotiate with prosecutors who handle these cases daily
• How to identify weaknesses in the state's case
• How to protect your Second Amendment rights while minimizing criminal exposure

If you're facing weapons charges under ORC §§ 2923.12, 2923.13, or 2923.16, contact us immediately at (740) 602-2155 for a confidential case evaluation.

This article is for educational purposes and does not constitute legal advice. Ohio weapons law is complex and fact-specific. Consult with a qualified Ohio attorney about your situation.