Improper Handling of a Firearm in Ohio (R.C. 2923.16)?
Improper handling of a firearm is criminal offense in Ohio that most often arises during traffic stops. Although Ohio now allows permitless concealed carry for qualifying adults, improper handling charges still exist and are frequently misunderstood.
Understanding what is still illegal — and what is not — is critical, especially after Senate Bill 215 took effect.
What is Improper Handling of a Firearm in Ohio?
Improper handling of a firearm is governed by Ohio Revised Code 2923.16. You may still be charged with improper handling if:
- Discharging a Firearm From a Vehicle
A person knowingly discharges a firearm while in or on a motor vehicle. This remains illegal regardless of concealed-carry changes in the law.
- Having a Loaded Firearm in a Vehicle While Under the Influence
A person knowingly has a loaded handgun in a motor vehicle while under the influence of alcohol or a drug of abuse. Even though loaded carry is otherwise lawful, OVI-related firearm possession is still criminal.
- Failing to Comply with Law Enforcement During a Traffic Stop
If you are a qualifying adult or license holder, it is a crime to knowingly:
- Disregard or refuse to comply with a lawful order;
- Touch the firearm after an officer begins approaching, unless directed;
- Fail to keep hands in plain sight after being stopped, unless instructed otherwise.
Under current law, you only have a duty to disclose a firearm if the officer asks. There is no longer a duty to volunteer this information.
What is NO LONGER illegal after Ohio's permitless carry law?
Senate Bill 215 dramatically changed improper-handling analysis. For qualifying adults (21+ and not otherwise prohibited):
- You may have a loaded handgun in your vehicle;
- The firearm may be accessible without leaving the vehicle;
- It does not need to be stored in a closed case or container;
- The firearm may be concealed or openly carried in the vehicle.
R.C. 2923.16(B) and (C) no longer apply to qualifying adults and license holders.
Who is a "qualifying adult" in Ohio?
A qualifying adult is someone who:
- Is 21 years or oder;
- Is not legally prohibited from possessing a firearm;
- Meets the eligibility criteria previously required for a concealed handgun license;
Not everyone qualifies. Prior felony convictions, domestic violence offenses, protection orders, or certain mental-health adjudications can disqualify you.
Does the firearm have to be operable to be charged with Improper Handling?
- Yes. To be convicted of improper handling, the firearm must be operable or readily made operable.
- However:
- Police do not test-fire the weapon at the scene;
- The firearm is often later test-fired at a police facility;
- Officer observation of firing may also establish operability.
Can I expunge / seal my record for an Improper Handling conviction in Ohio?
- Yes. An improper handling conviction is eligible to be sealed in Ohio.
- NOTE – This depends on your prior record. See the expungement page to determine if you may be eligible.
Are there exceptions to Improper Handling laws?
Yes. Ohio law includes numerous statutory exceptions, including:
- Certain hunting activities;
- Use on private property;
- Law enforcement or authorized employment activities;
These exceptions are fact-specific and often misunderstood. Legal review is essential.
Is Improper Handling a Misdemeanor or Felony?
Improper Handling can range from a 4th degree misdemeanor up to a 4th degree felony
Penalties may include:
- Jail or prison time;
- Heavy fines;
- Firearm forfeiture;
- Permanent record consequences.
Some courts may offer diversion or intervention programs, but eligibility varies.
Can an Improper Handling Conviction be Sealed or Expunged?
Yes--many improper handling convictions are eligible for record sealing / expungement under Ohio law. Eligibility depends on your prior record, the level of the offense, and case disposition.
Why Improper Handling charges are often defensible?
These cases almost always begin with a traffic stop, which means issues often arise involving:
- Unlawful detention;
- Invalid searches;
- Improper questioning:
- Lack of proof that the person was not a qualifying adult.
An experienced attorney can often identify constitutional violations that lead to dismissal or suppression.
Charged with Improper Handling of a Firearm in Ohio?
Don't assume the charge is automatic or unavoidable--especially after the changes to Ohio law.
CONTACT AN EXPERIENCED CRIMINAL DEFENSE LAWYER TODAY
Call Makridis Law Firm at (330) 394-1587 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.