How does Senate Bill 215 affect concealed carry laws in Ohio?
- Under Senate Bill 215, you no longer need a permit to carry a concealed handgun in Ohio if you are a qualifying adult.
Who is allowed to carry a concealed weapon in Ohio after the passing of Senate Bill 215?
- A person can carry a concealed handgun in Ohio if they could have otherwise qualified to get a concealed carry permit. Therefore, if you could have qualified for a concealed carry permit, you are allowed to carry a concealed handgun in Ohio.
- The list of qualifications are as follows:
- Must be 21 years of age or older
- Not federally prohibited from possessing a firearm
- Can’t have a conviction of a crime punishable by more than a year in prison.
- Can’t be a fugitive from justice
- Can’t be an unlawful user of, or addicted to any controlled substance.
- Can’t be adjudicated as mentally defective/ill or have been committed to a mental institution
- Can’t be illegally or unlawfully in the United States
- Can’t have been dishonorably discharged from the Armed Forces
- Can’t have renounced your United States Citizenship
- Can’t have a civil protection order against them
- Can’t have been convicted of a crime of domestic violence
- Can’t be currently charged with felony drug possession or trafficking in Ohio
- Can’t have a conviction for felony drug possession or trafficking in Ohio
- Within 3 years, can’t have a conviction for a misdemeanor offense of violence. (Resisting arrest and assault on a peace officer are precluded).
- Within 5 years, can’t have two or more convictions of assault or negligent assault.
- Within 10 years, can’t have a conviction for resisting arrest.
- Can’t be currently subject to a civil protection order, temporary protection order, or a protection order issued by a court of another state.
- Can’t have a current concealed handgun license suspension in Ohio or another state.
- If you have had one of the above convictions, but you have had them expunged / sealed, then they will no longer count as a conviction for the purposes of having a concealed handgun.
Can I carry a concealed weapon anywhere in Ohio?
- No. You are still prevented from carrying a concealed weapon in prohibited establishments.
What kind of weapons can I conceal on myself in Ohio?
- You are allowed to conceal a handgun in Ohio. A handgun is defined as any firearm with a short stock and designed to be held and fired with a single hand.
Can I have a medical marijuana card in Ohio and carry a concealed handgun?
- No. One restriction to carrying a concealed weapon is that you can’t be an unlawful user of, or addicted to any controlled substance, defined by federal law. Marijuana is still a controlled substance under federal law. Therefore, a medical marijuana card will prevent you from carrying a concealed handgun.
- IMPORTANT NOTE: There has been a lot of talk of removing marijuana as a controlled substance at the federal level. If Congress ever removes marijuana from the list, it will allow a person to have a medical marijuana card and carry a concealed handgun.
What happens if I’m pulled over in my vehicle and I have a concealed handgun on me?
- If you have a concealed handgun on you in your vehicle and are stopped by law enforcement as a result of a traffic stop, you cannot do any of the following:
- Fail to notify the law enforcement officer about the firearm before the officer asks
- Fail to remain in the motor vehicle while stopped OR knowingly fail to keep your hands in plain sight at any time AFTER law enforcement begins approaching you while stopped, unless the officer directs otherwise.
- Knowingly touch the loaded handgun with hands or fingers at any time after law enforcement begins approaching and before the officer leaves, unless the officer gives directions to touch the firearm.
- Knowingly disregard or fail to comply with any lawful order of any officer while the motor vehicle is stopped.
- Basically, if you are pulled over, you need to alert the police immediately, keep your hands in plain sight, not touch the handgun, and obey all directions from the officer.
- Generally, failure to do so will result in a 1st degree misdemeanor charge in Ohio.
If you have been charged with a concealed carry violation in Ohio, you need to call an experienced criminal defense attorney at Makridis Law Firm, LLC. They will be able to look at the evidence to determine if you actually violated this law. Police can be very strict with how they view your actions. Let us fight for you and help you keep your gun rights intact.
CONTACT AN EXPERIENCED CRIMINAL DEFENSE LAWYER TODAY
Call Makridis Law Firm at (330) 394-1587 as soon as possible to schedule a free consultation. Our lawyers will go over the facts of your case and provide you with a plan on how to fight it.