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Having Weapons While Under a Disability In Ohio

ORC § 2923.13 prohibits the ownership, acquisition, or use of firearms under certain “disabling” conditions, as follows:

(A) Unless relieved from disability under operation of law or legal process, no person shall knowingly acquire, have, carry, or use any firearm or dangerous ordnance, if any of the following apply: 

(1) The person is a fugitive from justice.

(2) The person is under indictment for or has been convicted of any felony offense of violence or has been adjudicated a delinquent child for the commission of an offense that, if committed by an adult, would have been a felony offense of violence.

(3) The person is under indictment for or has been convicted of any felony offense involving the illegal possession, use, sale, administration, distribution, or trafficking in any drug of abuse or has been adjudicated a delinquent child for the commission of an offense that, if committed by an adult, would have been a felony offense involving the illegal possession, use, sale, administration, distribution, or trafficking in any drug of abuse.

(4) The person is drug dependent, in danger of drug dependence, or a chronic alcoholic.

(5) The person is under adjudication of mental incompetence, has been adjudicated as a mental defective, has been committed to a mental institution, has been found by a court to be a mentally ill person subject to court order, or is an involuntary patient other than one who is a patient only for purposes of observation. As used in this division, "mentally ill person subject to court order" and "patient" have the same meanings as in section 5122.01 of the Revised Code.

And

For the purposes of this section, "under operation of law or legal process" shall not itself include mere completion, termination, or expiration of a sentence imposed as a result of a criminal conviction (ORC § 2923.13(C))

The ownership, acquisition or use of a firearm while operating under a disabling condition is a specific intent crime—a felony of the third degree, punishable by one to five years in prison and a fine of $10,000.

A violation of this section is a specific intent crime, signifying that it must be undertaken and committed with knowledge and purpose in furtherance of the offense.

Collateral Consequences

  • Loss of business or employment
  • Loss of child custody
  • Loss of a professional license
  • A criminal record
  • The prospective ability to get a job

and many more life-altering consequences.

If you have been charged or convicted of owning, acquiring, or using weapons while under a disability, contact an expert weapons crimes defense attorney immediately.


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