Weapon Charges Lawyer in Dayton

Written By: Moermond & Mulligan, LLC

Last Updated: 01-16-2025

In Ohio, adults can buy and openly carry a gun without a permit. However, those who wish to carry concealed weapons must have a concealed carry license and pass a background check. If you are facing weapon crime charges related to concealed carry licenses or another offense, we at Moermond & Mulligan, LLC can help protect your rights. Our weapon charges attorneys in Dayton also defend individuals who have committed other crimes using a weapon, such as armed robbery.

In Ohio, weapon laws include the following:

  • Weapons are not allowed on school property
  • Convicted felons are not allowed to have firearms
  • A person carrying a concealed weapon must inform a police officer that they have a weapon on their person

Arrange a free case evaluation online or call (513) 421-9790 to speak with our Dayton weapon charges attorneys today.

Common Weapons Offenses in Ohio

Ohio law enumerates several offenses someone can be accused of for improperly possessing, purchasing, selling, or carrying a weapon or firearm.

Some of the statutes concerning these types of behavior include:

  • Unlawfully carrying a concealed weapon (O.R.C. § 2923.12): In Ohio, only eligible individuals are allowed to conceal carry a firearm, and they must abide by various laws when doing so. Having a concealed weapon without a special license or failing to adhere to lawful duties when carrying a concealed weapon can lead to criminal charges.
  • Deadly weapon in a school safety zone (O.R.C. § 2923.122): It is illegal to convey or possess a deadly weapon or dangerous ordnance in a school safety zone, such as a school building or school bus.
  • Possessing a deadly weapon by a prohibited person (O.R.C. § 2923.13): As noted earlier, certain people are forbidden from having weapons. If such an individual has a firearm or handgun, they could face a felony charge.
  • Using weapons while intoxicated (O.R.C. § 2923.15): Under this law, a person faces a misdemeanor charge if they carry or use a firearm while under the influence of alcohol or drugs.
  • Improperly handling a firearm in a vehicle (O.R.C. § 2923.16): This law makes it illegal to shoot a gun from a vehicle, transport a loaded firearm in a vehicle in a way that it is accessible to the driver or passengers, carry a loaded firearm in a vehicle when the person is under the influence of drugs and/or alcohol (this division of the law applies to individuals with concealed carry licenses as well), fail to notify law enforcement officials of a concealed weapon or comply with an officer’s orders during a stop.
  • Selling a firearm to a person under disability (O.R.C. § 2923.20): As noted earlier, some people are forbidden by law from having a firearm. If anyone recklessly sells a gun to a person under disability, they could be charged with a felony.
  • Furnishing a firearm to an underage person (O.R.C. § 2923.21): A felony charge may be levied upon anyone who sells or otherwise provides a firearm to a person under 18 years of age or a handgun to a person under 21 years of age.
  • Underage purchase of a firearm or handgun (O.R.C. § 2923.211): Just as it is illegal to furnish a firearm or handgun to an underage person, so too is it unlawful for an underage person to try to buy such a weapon. Doing so is a delinquent act that would be a fourth-degree felony or a second-degree misdemeanor.

At Moermond & Mulligan, LLC, our Dayton weapon charges lawyers have experience defending against a wide range of charges. Whatever offense you have been accused of, our experienced Dayton weapon crimes attorney can provide the legal representation you need.

Penalties for Weapon Convictions in Dayton

Generally, weapons crimes are misdemeanors or felonies in Ohio. A conviction, therefore, can result in incarceration and/or a fine. The exact punishments that can be levied depend on the nature of the offense.

Below are examples of conviction penalties for some of the most common weapons crimes:

Concealed Weapons Violations

  • Unlawfully carrying a concealed deadly weapon or handgun, or failing to inform a police officer of a concealed handgun license and concealed handgun
    • First-degree misdemeanor
    • Up to 180 days of incarceration and/or
    • Up to $1,000 in fines
  • Removing or touching a concealed weapon
    • Fifth-degree felony
    • Up to 12 months of incarceration and/or
    • Up to $2,500 in fines

Having a Deadly Weapon in a School Safety Zone

  • Fifth-degree felony
  • Up to 12 months of incarceration and/or
  • Up to $2,500 in fines

Having Weapons While Under Disability

  • Third-degree felony
  • Up to 36 months of incarceration and/or
  • Up to $10,000 in fines

Using Weapons While Intoxicated

  • First-degree misdemeanor
  • Up to 180 days of incarceration and/or
  • Up to $1,000 in fines

Improperly Handling Firearms in a Motor Vehicle

  • Shooting a firearm from a car, or transporting a loaded firearm in a way that’s readily accessible to the driver or passengers
    • Fourth-degree felony
    • Up to 18 months of incarceration and/or
    • Up to $5,000 in fines
  • Transporting a firearm in a vehicle
    • Fourth-degree misdemeanor
    • Up to 30 days of incarceration and/or
    • Up to $250 in fines
  • Transporting a loaded handgun while under the influence of alcohol or drugs
    • Fifth-degree felony
    • Up to 12 months of incarceration and/or
    • Up to $2,500 in fines
  • Failing to notify an officer of a concealed handgun license and possession of a concealed handgun, failing to remain in a vehicle and keep hands in plain sight, or disregarding a law enforcement official’s orders
    • First-degree misdemeanor
    • Up to 180 days of incarceration and/or
    • Up to $1,000 in fines

Unlawful Transactions with Weapons

  • Recklessly furnishing a weapon to a prohibited person
    • Fourth-degree felony
    • Up to 18 months of incarceration and/or
    • Up to $5,000 in fines
  • Persuading a firearms dealer or private seller to sell to a prohibited person, providing false information to a firearms dealer or private seller
    • Third-degree felony
    • Up to 36 months of incarceration and/or
    • Up to $10,000 in fines
  • Not requiring proper documentation from transferee when transferring a weapon
    • Second-degree misdemeanor
    • Up to 90 days of incarceration and/or
    • Up to $750 in fines
  • Not promptly reporting a loss or theft of a firearm or dangerous ordnance
    • Fourth-degree misdemeanor
    • Up to 30 days of incarceration and/or
    • Up to $250 in fines

Furnishing Firearms to Minors

  • Fifth-degree felony
  • Up to 12 months of incarceration and/or
  • Up to $500 in fines

Underage Purchase of a Firearm or Handgun

  • Under 18 years of age
    • Delinquent act that would be a fourth-degree felony
  • Under 21 years of age
    • Second-degree misdemeanor
    • Up to 90 days of incarceration and/or
    • Up to $750 in fines

As the list above shows, the penalties for any offense are severe. If you are facing accusations, seek a favorable outcome in your case by enlisting the help of our Dayton weapon charges attorney.

Dayton Attorneys Led by a Criminal Law Expert

Attorney L. Patrick Mulligan has been a Board Certified Criminal Law Specialist by the National Board of Trial Advocacy since 1997. What does this mean? It means that he has consistently proven to possess extensive knowledge regarding all things criminal law. Drawing from his experience as a former prosecutor, he provides well-versed legal representation for accused individuals in Dayton. Together, our Dayton weapon charges attorneys can provide the hard-hitting defense you need to respond to the charges against you.

Facing Charges? Seek the Immediate Help of Moermond & Mulligan, LLC.

Please don’t stall in retaining our firm’s legal services if you are dealing with a weapons-related charge. The sooner you do so, the higher the chances of seeking the most favorable outcome available. We wish to protect your rights, including your constitutional right to bear arms.

For more information about how our Dayton weapon charges lawyer can assist you, please get in touch with us by calling (513) 421-9790 today.