No, a felon cannot own a gun in Ohio. Felon gun ownership in Ohio is strictly prohibited under state and federal law, carrying severe penalties for violations. If you are accused of gun possession as a felon, securing legal representation to fight the accusation can have a significant impact on your case.
A skilled Columbus gun crime lawyer can evaluate your case and formulate a defense strategy on your behalf.
Possible Defenses to Possession of a Firearm as a Felon
A conviction for being a felon in possession of a firearm in Ohio carries significant penalties, but various defenses may apply depending on the circumstances. A thorough review of the facts, applicable statutes, and case law is essential to identify which arguments can be raised.
Effective advocacy often requires a detailed examination of the evidence, and some potential defenses include:
- Lack of knowledge of the firearm
- Invalid search resulting in evidence suppression
- Expunged or overturned prior felony conviction
- No constructive possession of the firearm
- Entrapment by law enforcement
- The firearm belonged to another person and was hidden from the defendant
- Possession under duress or coercion
- Challenge to the statute on constitutional grounds
Retained counsel will investigate whether any constitutional violations occurred during the search or the defendant’s status as a felon was legally disqualifying at the time the firearm was found.
Possession of a Gun by a Convicted Felon under Ohio Law
The law states that felon gun ownership in Ohio is strictly prohibited under state and federal law, carrying severe penalties for violations. Under Ohio Revised Code § 2923.13, it is illegal for anyone previously convicted of a felony offense to knowingly acquire, possess, or use any firearm. However, the statute is interpreted broadly to also include mere proximity to a firearm.
Proximity is a frequently contested issue. This restriction applies regardless of whether the felony was violent or non-violent, with limited exceptions for those who have had their rights restored. While Ohio law is technically narrow, under U.S. law 18 U.S.C. § 922(g)), all felons are prohibited from possessing firearms, conflicting with Ohio’s narrower state-level restrictions.
Thus, even non-violent Ohio felons risk federal prosecution for gun ownership. Cases where clients unknowingly violate these overlapping jurisdictions are not uncommon. Understanding these restrictions helps convicted felons avoid further legal consequences. If you are confused about the law surrounding felon gun ownership in Ohio, consult an experienced attorney.
Penalties for Violating Ohio Gun Laws Applicable to Felons
The penalties for felon gun ownership in Ohio can be severe, often classified as a third-degree felony punishable by up to five years in prison. Prosecutors aggressively pursue these cases, particularly when the firearm is linked to other alleged criminal activity. Such charges also cast a long shadow over your personal and professional future.
It’s crucial to have experienced attorneys who can look at every option to lessen the impact. Sentencing for a third-degree felony in Ohio typically carries the following penalties:
- A prison term ranging from nine months to thirty–six months, subject to judicial discretion within Ohio’s guidelines. In addition to incarceration
- A fine of up to $10,000
- A requirement for the defendant to forfeit the firearm in question
When a felon’s possession of a firearm is accompanied by aggravating factors, such as prior violent convictions or evidence of intent to distribute, the sentencing court may opt for the maximum permitted term. Judges also consider mitigating factors, including the defendant’s age, criminal history, and participation in rehabilitative programs.
For a free legal consultation, call (614) 884-1100
Can a Felon’s Spouse Own a Firearm in Ohio?
Understanding whether a felon can access a gun in Ohio through their spouse is nuanced. Under Ohio Revised Code § 2923.13, the state of Ohio prohibits any person with a prior felony conviction from “having” a firearm, and courts have broadly interpreted “having” to include mere access or proximity. This includes a convicted felon who lives in a household that has a firearm.
Even if their spouse owns the gun, they may face criminal liability if it can be shown that they have access. To comply with this rule, the firearm would need to be stored outside the home or secured.
Even then, law enforcement could contend that “constructive possession” exists whenever the felon knows the gun’s location. Because of these nuances, any spouse considering firearm ownership should consult a criminal defense attorney to ensure proper storage methods and to determine whether additional legal steps are necessary to comply with the law.
Contact a Gun Crime Lawyer in Columbus Today
Owning a gun as a felon in Ohio can get you into legal hot water. If you find yourself in this situation, you are not alone. From the moment you become aware of criminal allegations, every decision and action can shape the trajectory of your case.
Early involvement of experienced counsel enables a thorough investigation, the preservation of critical evidence, and timely intervention in procedural matters. Contact our leading criminal law firm, Koffel | Brininger | Nesbitt, for a free consultation.
The sooner we are involved in your case, the more strategic and effective we can be. Our legal team has over 30 years of experience in criminal defense. We’re devoted to analyzing every facet of your case, identifying potential defenses, and crafting a strategy tailored to you and designed to safeguard your future. You will feel better as soon as you talk to us.
Call or text (614) 884-1100 or complete a Free Case Evaluation form