Is owning a gun a civil right? Owning a gun is a civil right established by the Second Amendment. In the 21st century, this right has been affirmed in Supreme Court cases.
If you are charged with violating a gun law in Ohio, you have the right to contest the case against you. Meet with a Columbus gun crime lawyer, as they may help you dispute your charge.
Owning a Gun Is a Civil Right in Accordance with the Second Amendment
The Second Amendment recognizes the right to “keep and bear arms.” It is against the law to infringe upon the civil right to own a gun. However, there are times when it is against the law for someone to own or possess a firearm.
For example, in Ohio, a felon cannot own a gun. If you have been convicted of a criminal offense and own a gun or have one in your possession, you may be punished to the full extent of the law. This means you may be subject to a fine, jail time, or both.
The team at Koffel | Brininger | Nesbitt has over 30 years of combined experience. We can provide insights into whether owning a gun is an inalienable right. If you have been charged with a gun offense, we can fight back against your charge before it leads to a conviction. Contact us today to learn more.
For a free legal consultation, call (614) 884-1100
Owning a Gun as a Civil Right Was Affirmed in the Supreme Court’s Decision in District of Columbia v. Heller
In 2008, the Supreme Court heard the case of District of Columbia v. Heller. At the time, the nation’s capital had strict gun laws, including a ban on handguns for most residents.
Meanwhile, DC resident Richard Heller challenged the District. Heller argued that his Second Amendment rights were being violated, as he was prohibited from having a handgun for self-defense at home.
Ultimately, in a 5-4 ruling, the Supreme Court found that the Second Amendment does not relate exclusively to a militia. The Supreme Court noted that the amendment protects a person’s right to possess a firearm for self-defense or other lawful purposes.
If you have been charged with a gun crime, a criminal defense attorney may cite District of Columbia v. Heller in their argument. Depending on the circumstances of your case, your lawyer may argue that you have a civil right to own a gun. If your right was violated, the prosecution may struggle to prove to the court that you should be convicted.
Owning a Gun Is a Civil Right in Ohio, with Some Restrictions
Just because you may have the right to own a gun does not mean there are no limitations on it. Regardless of the outcome of District of Columbia v. Heller, the Supreme Court recognizes that owning a gun remains a civil right, albeit one that is not absolute. State governments can still implement rules regarding gun ownership, and you must comply with these.
For instance, based on Ohio Revised Code Section 2923.111, the underage purchase of a firearm or handgun is illegal. Generally, the minimum age to buy a rifle or shotgun is 18. Comparatively, the minimum age for purchasing a handgun is 21. There are some exceptions for active-duty military personnel and police officers.
Or, per ORC Section 2923.12, you may carry a handgun that is concealed even if you do not have a permit as long as you meet the state’s eligibility requirements. However, carrying weapons in plain sight is prohibited at schools, courthouses, and other locations.
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What to Do if Your Civil Right to Own a Gun Is Violated
In the same way gun ownership represents a civil right, you can fight back against a criminal charge for violating firearm laws. At this point, talk with a gun crime attorney who has helped past clients achieve their desired case results. Your lawyer can guide you through the steps to take if you are charged with a gun offense, which are:
Do Not Speak with Law Enforcement
What you say to the police after getting arrested for a gun crime may be used against you. Rather than risk speaking to law enforcement and compromising your case, allow a criminal defense lawyer to discuss your case on your behalf. Your attorney can update you on your case communications and help you avoid saying things that could cause you to be convicted.
Find Out What Your Charge Entails
It is easy to panic in the moments following your arrest. Instead, take a deep breath and evaluate your charge objectively. Your attorney can explain the short- and long-term ramifications of a conviction. This gives you insights into what can happen if a court rules against you. Next, you and your lawyer can start building your legal defense.
Craft Your Argument
Your attorney considers the facts of your case and what the prosecution may do to get the court on their side. They can obtain evidence to make it clear to the court why you should not be convicted. On top of that, your lawyer will look for ways to poke holes in the prosecution’s case and raise a reasonable doubt about their argument.
Owning a gun may be a civil right. Yet, the police can arrest you for a firearms offense, and the prosecutor in your case will try to get you punished to the full extent of the law. You may feel helpless as you face your charge.
Thankfully, your gun crime lawyer offers legal guidance and support. They can help you make informed decisions as you go through the legal process.
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Ask for Help from a Criminal Defense Law Firm That Protects Clients’ Civil Rights
Koffel | Brininger | Nesbitt has handled thousands of cases. We can answer any questions you have about whether ownership of a gun is a civil right and other legal topics.
If you want legal help in the aftermath of a gun charge, we are here for you. Give us the opportunity to serve as your legal representative and advocate. Request a case consultation with us to get started.
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