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Possession of a Firearm Under the Influence

Overview

In Ohio, there are certain misdemeanors that might occur unexpectedly in specific situations. One significant example is having a firearm while under the influence of alcohol. Ohio law strictly forbids carrying or handling a firearm during or after alcohol consumption. The level of intoxication or whether the firearm was used doesn’t lessen the potential legal consequences under Ohio statutes.  

Common Scenarios Leading to Charges

Unintentional Carry

  • People often face charges for unintentionally carrying a firearm because they forgot they had it with them. This situation frequently affects those with a concealed carry license who might overlook the fact that they are armed.

Traffic Stops

  • Another scenario involves getting pulled over for a routine traffic check and being found with a firearm while intoxicated, regardless of intent or awareness.

Charges for possessing a firearm while intoxicated can result in severe misdemeanor offenses.

If you find yourself charged with carrying a firearm while under the influence, it is crucial to seek reliable legal counsel. Such charges can lead to significant misdemeanor offenses that could negatively impact your criminal record. Protecting your rights requires skilled legal representation from a trusted source like the Youngstown Criminal Law Group.

At Youngstown Criminal Law Group, we understand the challenges posed by weapons charges, especially those arising from innocent oversights. Our goal is to alleviate your legal stress and secure the best possible outcome. Our Cadiz criminal lawyer is ready to provide exceptional representation.

Act now by calling (330) 992-3036 to schedule a free initial consultation. We can answer your questions and outline your legal options.

Why Firearm Regulations Include Alcohol Consumption

Lawmakers recognize that possessing firearms while under the influence poses a significant threat to public safety. Alcohol consumption impairs judgment, as well as physical and mental abilities, making firearm handling particularly dangerous. This law empowers law enforcement to intervene and potentially prevent crimes by disarming intoxicated individuals with firearms.

To deter individuals with concealed weapons from drinking and driving, strict penalties are in place. Driving impaired significantly raises the risk of automobile accidents, and involving a firearm in such situations could result in more severe outcomes, including accidental discharge. Legislators crafted these laws to safeguard both Ohio residents and its law enforcement officers.

Key Points of Ohio’s Intoxicated Firearm Possession Law

Ohio law (under Ohio Revised Code section 2923.15) prohibits anyone from carrying a “firearm” or “dangerous ordinance” while intoxicated. A “firearm” refers to any lethal weapon capable of discharging one or more projectiles using explosive or flammable propellants. Importantly, the firearm does not need to be loaded for a charge to apply.

Dangerous Ordnance Includes:

  • Automatic or modified firearms such as sawed-off guns, ballistic knives, or zip-guns
  • Explosive or incendiary devices
  • Military explosives used in mining, blasting, or demolitions like nitroglycerin or treated ammonium nitrate
  • Weapons typical in military use, like rocket launchers, mortars, artillery, grenades, and their necessary ammunition
  • Devices designed to suppress or muffle the sound of firearms
  • Components that, when assembled, make a firearm or other device into dangerous ordnance

Being caught with a firearm while under the influence can lead to a first-degree misdemeanor charge, resulting in up to six months in jail and a fine of up to $1,000.

Additional Resources

Learning About Ohio Gun Laws

  • National Rifle Association: For comprehensive insights into Ohio’s gun laws, explore the National Rifle Association’s website. Engage with the association to learn about its history and stay updated on political discussions and legal developments surrounding firearms.

Understanding Firearms Possession While Intoxicated

  • Ohio Revised Code: Access the official portal for an in-depth look into the statute regarding carrying a firearm under the influence. Utilize the platform to analyze the components, potential legal consequences, and identify related offenses and their ramifications.

When facing charges related to carrying a weapon while intoxicated, partnering with an experienced legal expert is crucial. The Youngstown Criminal Law Group stands out with its deep knowledge of Ohio’s criminal justice system. Connect with us promptly at (330) 992-3036 to discover how we serve the Cadiz area. Discuss your case in detail during a strategic consultation

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