Having a Weapon While Under Disability

What is having a weapon while under disability in Ohio?

Possessing a weapon while under disability means that you are not allowed to possess a firearm. It is likely that you have a criminal charge or conviction in your past that is now blocking you from possessing a firearm.

How can I be charged with having a weapon while under disability in Ohio?

Under Ohio law, you cannot knowingly acquire, have, carry, or use any firearm or dangerous ordnance, if any of the following applies:
- You are a fugitive from justice.
  - This likely means that you have an active warrant.
- You are currently under indictment or have been convicted of a felony offense of violence (link to expungement page). This includes your juvenile record if it has not been sealed.
- You are currently under indictment or have been convicted of a felony offense that involves the illegal possession, use, sale, administration, distribution, or trafficking in any drug of abuse. This includes your juvenile record, if it has not been sealed.
- You are drug dependent, in danger of drug dependence, or a chronic alcoholic.
- A judge has determined that you are mentally incompetent or defective; or you have been committed to a mental institution; or a court has found that you are a mentally ill person; or are an involuntary patient other than a person who is a patient for only observation purposes.

What are the penalties for having a weapon while under a disability in Ohio?

A weapon under disability charge in Ohio is a 3rd degree felony. The possible prison term can be 9, 12, 18, 24, 30, or 36 months. The possible fine can range from $0 to $10,000. The prison time is not mandatory so you can still receive probation / community control.

Can I expunge / seal a weapon under disability charge in Ohio?

Yes. Depending on your criminal record, a weapon under disability conviction can possibly be expunged/sealed in Ohio. Contact Makridis Law Firm at (330) 394-1587 to determine if you are eligible to have a weapon under disability conviction expunged/sealed.

Does the firearm have to be operable to be charged with weapon under disability?

Yes. In Ohio, the firearm has to be able to fire before you can be convicted.
The police will not test fire the weapon at the scene of the crime. Therefore, this will not prevent you from getting charged.
The police will take the weapon into evidence and test fire it at their firing range.
If the police witness you firing the weapon, that can be used as evidence that the firearm is operable.
- The chain of custody of the firearm needs to be closely monitored.
Contact Makridis Law Firm at (330) 394-1587 and we can determine if there are any issues with the operability or chain of custody in your case.

I was driving someone else’s car and I didn’t know there was a gun in the car. Now I’m being charged with having a weapon under disability in Ohio. What do I do?

The prosecutor needs to prove that you KNOWINGLY had the gun in the vehicle. If you were driving someone else’s car and had no idea that the gun was in the car, you may have a defense. You need to contact an experienced attorney. They will speak to the prosecutor / police about your defenses.

The police pulled me over for a traffic violation but then they removed me from the vehicle, searched it, and found a weapon. Can they do this?

It is possible that the police searched the car illegally. The police must have reasonable suspicion that a traffic offense occurred before they pull you over. After that, they need probable cause to be able to search the car. Most police have dash cameras and body cameras, which an attorney will review to determine whether the police illegally searched your vehicle. Makridis Law Firm, LLC has over 40 years of experience in identifying search and seizure issues. If the police messed up, it’s possible to get the charge thrown out.

CONTACT AN EXPERIENCED CRIMINAL DEFENSE LAWYER TODAY

Call Makridis Law Firm at (330) 394-1587 as soon as possible to schedule a free consultation. We will make sure you are treated fairly and not wrongly accused or punished. We will review the evidence, investigate, explore all defenses, and negotiate a fair resolution in your case.