Ohio Gun Laws: Criminal Liability and Second Amendment Rights
Most Ohioans are familiar with the Second Amendment to the U.S. Constitution: it gives Americans the right to “keep and bear arms.” While you’d never know it based on the text of the Constitution, not everyone has this right, and even those of that do sometimes are expected to earn it by completing a course and registering with the government.
So maybe the Second Amendment doesn’t say anything about having to take classes or limiting the right to possession of guns under a dizzying array of circumstances. Just the same, you’d better believe that in the Buckeye State, you could find yourself seeking the counsel of a Columbus gun crimes attorney to defend you from charges that stem from no more than a desire to exercise your Second Amendment freedoms.
Ohio Gun Laws Run the Gamut from Concealed Carry to Vehicular Storage
In addition to the federal Bill of Rights, the Ohio Constitution protects personal firearm ownership. The Ohio Constitution states that “[t]he people have the right to bear arms for their defense and security.”
Don’t allow yourself to be misled by this broad language, however. There are many requirements you must abide by in order to keep yourself from running afoul of Ohio’s gun laws.
It is technically legal and generally ill-advised, to openly carry a firearm in Ohio without any kind of special permit. Carrying a concealed firearm, on the other hand, may carry stiff penalties.
Ohioans who successfully complete a 12-hour safety course, a written test and a shooting test may obtain a permit to lawfully carry a concealed handgun. For anyone else, however, carrying a concealed weapon is a misdemeanor in the first degree; if the person caught carrying has certain prior offenses, if the weapon was loaded or in proximity to ammunition while it was being carried, or if the weapon involved was “dangerous ordinance,” the offense is ratcheted up to a fourth degree felony, potentially punishable by more than a year in prison.
In addition to concealed carry, possessing a firearm while intoxicated, discharging a firearm inside a home or within a school zone, or transporting a firearm in a motor vehicle without storing it appropriately may also result in criminal charges. Anyone previously convicted of a violent felony who has not successfully petitioned an Ohio court for the reinstatement of firearm privileges may also be charged as a felon in possession of a firearm, a very serious offense.
You might think that bearing arms is your protected right as an American. But, under Ohio criminal law at least, it is a right that comes with many caveats. If you have been accused of violating a firearms law, contact an experienced criminal defense attorney today to explore your options.