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Gun / Weapon / Firearm Charges

If you have been charged with a gun, firearm or weapon offense in Dayton, chances are you didn't know or realize you were committing a criminal offense. Almost anyone is allowed to possess a firearm or gun in their home or in an enclosed location in their car, even without a license for concealed carry. However, an individual can be charged with a criminal offense if they unlawfully carry their gun, improperly discharge a firearm, or are prohibited from carrying a gun or firearm.

A conviction for a gun or weapon offense in Dayton can result in serious penalties and repercussions, including any of the following:

  • Jail or prison time,
  • Fines,
  • A criminal record,
  • An inability to own or possess a firearm in the future, and/or
  • An inability to be hired for certain jobs or occupations.

Criminal weapon charges do not have to result in a conviction. The prosecution is required to first prove you committed every element of the offense beyond a reasonable doubt, which can be a very difficult burden of proof to establish. If the judge or jury has any doubt you committed an element to the offense, the charges against you may be reduced or even dismissed. Therefore, it is important to hire an experienced criminal defense lawyer in Dayton who can help you identify the best legal defense for your particular situation.

Dayton Firearm and Weapon Lawyer

Contact the Joslyn Law Firm for a consultation today about your firearm, gun or weapon crime throughout the areas of Dayton, Kettering, Huber Heights, Troy, Piqua, Springfield, Beavercreek and Fairborn. Brian Joslyn is knowledgeable in all areas of gun, weapon and firearm offenses in Ohio and will make every effort to fight the allegations against you. Contact the Joslyn Law Firm for a free consultation at (614) 444-1900 if you have been charged with a gun, firearm or weapon offense throughout Dayton, Ohio.


Dayton Firearm and Weapon Information Center


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Dayton Definition of Guns, Firearms and Weapons

According to section 2923.11 of the Ohio Revised Code, guns, firearms and weapons in Ohio are defined as follows:

  • Dangerous Ordnances are defined as any automatic or sewed-off shotgun, explosive device, ballistic knife, zip-gun, explosive chemicals, blasting agents, weapons designed and manufactured for military purposes, ammunition for military weapons, firearm mufflers and silencers, and any other explosive substance.
  • Deadly Weapons can include any device, instrument, or anything that is capable of inflicting death on a person. The deadly weapon also must be used, carried or possessed as a weapon or has been designed or adapted to be used as a weapon.
  • Handguns can include any firearm with a short stock that is designed to be fired or held by one hand. A handgun can also be any combination of parts used to assemble a handgun.

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Firearm and Weapon Charges in Dayton

As listed in Chapter 2923 of the Ohio revised Code, some of the most commonly charged gun, firearm and weapon offenses can include any of the following:

Carrying a Concealed Weapon - Ohio Rev. Code § 2923.12 - An individual can be charged with this offense if they knowingly carry a concealed weapon, such as a deadly weapon that is not a handgun, any handgun that is not a dangerous ordnance and/or a dangerous ordnance. This offense is generally punishable as a minor misdemeanor, misdemeanor of the first degree, felony of the fourth degree or felony of the third degree.

Possession of a Firearm by a Convicted Felon - Ohio Rev. Code § 2923.13 - An individual can be charged with this offense if they knowingly possess, have on their body, carry, use or acquire any dangerous ordnance or firearm if:

  • They are a delinquent child that has been adjudicated of an offense that would be a violent felony offense if they were tried as an adult;
  • They are a delinquent child that has been adjudicated of an offense that would be an illegal drug offense if they were tried as an adult;
  • They are considered a chronic alcoholic or drug dependent;
  • They are considered a fugitive;
  • They are under indictment for a violent felony offense;
  • They are under indictment for any illegal drug offense;
  • They have been adjudicated mentally ill, mentally incompetent, a mental defective or have been committed to a mental institution;
  • They have been convicted of a violent felony offense; or
  • They have been convicted of any illegal drug offense.

This offense is generally punishable as a felony of the third degree.

Improper Discharge of a Firearm - Ohio Rev. Code § 2923.12 - An individual can be charged with this offense if they knowingly discharge a firearm in any of the following occasions:

  • At, or into, a school safety zone;
  • At, or into, another person's home that is occupied;
  • On a lawn, park or any other grounds near a building that is inhabited;
  • Upon or over a cemetery;
  • Upon or over a public road or highway; or
  • Within 1,000 feet of any school premises or building with the intent to cause physical harm, panic or fear to anyone in the school, or to with the intent to cause the evacuation of the school.

This offense is generally punishable as a misdemeanor of the fourth degree, misdemeanor of the first degree, felony of the third degree, felony of the second degree or felony of the first degree.


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Concealed Carry Laws in Ohio

Ohio law provides for individuals to be licensed to carry a concealed weapon in public. However, an individual who is licensed to carry a concealed weapon is subject to additional rules in regulations when they carry their weapon in public.

If an individual who is licensed to carry a concealed weapon fails to abide by the requirements listed below, they can be charged with a minor misdemeanor, misdemeanor of the first degree or felony of the fifth degree, in addition to a possible suspension of their concealed carry license.

As defined in section 2923.12(b) of the Ohio Revised Code, an individual must abide by the following when carrying their weapon or handgun in public:

  • If approached by a law enforcement officer, they must not knowingly remove or attempt to remove the loaded handgun from a holster, pocket or any other place, or hold or have any contact with the handgun at any time once the officer approaches the individual and until the officer leaves, unless otherwise instructed;
  • If stopped by a law enforcement officer, they must immediately inform the officer they have a license to carry a concealed gun and currently have a firearm on them;
  • If stopped by a law enforcement officer, they must keep their hands in plain sight once the officer approaches the individual and until the officer leaves, unless otherwise instructed; and
  • If stopped by law enforcement, the individual must not knowingly disregard or fail to comply with any lawful order of the officer when stopped.

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Dayton Firearm and Weapon Offenses Penalties

According to the Ohio Revised Code, the basic statutory penalties for various misdemeanor and felony firearm, gun and weapon offenses are listed below.

  • An individual that has been convicted of a minor misdemeanor weapons offense can face a fine up to $150.
  • An individual that has been convicted of a misdemeanor of the fourth degree weapons offense can face a jail sentence up to 30 days and/or a fine up to $250.
  • An individual that has been convicted of misdemeanor of the first degree weapons offense can face a jail sentence up to 180 days and/or a fine up to $1,000.
  • An individual that has been convicted of a felony of the fifth degree weapons offense can face a prison sentence from six to 12 months and/or fines not more than $2,500.
  • An individual that has been convicted of a felony of the fourth degree weapons offense can face prison time ranging from six to 18 months and/or fines up to $5,000.
  • An individual that has been convicted of a felony of the third degree weapons offense can face a prison sentence ranging from one to five years and/or fines not exceeding $10,000.
  • An individual that has been convicted of a felony of the second degree weapons offense can face a prison sentence ranging from two to eight years and/or fines not more than $15,000.
  • An individual that has been convicted of a felony of the first weapons offense can face a prison sentence ranging from three to 10 years and/or fines not exceeding $20,000.

These penalties can vary depending on whether the alleged offender purchased a handgun license, whether they were previously convicted of a criminal offense, and where the offense occurred.


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Dayton Firearm and Weapons Resources

Ohio Firearm and Weapons Statutes – Chapter 2923 of the Ohio Revised Code defines firearm, gun and weapon crimes and penalties for misdemeanor and felony offenses in Ohio, such as possession of a firearm by a convicted felon, improper discharge of a firearm and concealed weapon carry.

Ohioans for Concealed Carry – Ohioans for Concealed Carry is a political activist organization that advocates for firearm-related rights in Ohio and aims to refine the state's concealed carry laws and preserve and expand the rights of gun owners in Ohio.

National Rifle Association (NRA) – The NRA is a national organization that promotes civilian firearms education and is the nation’s foremost supporter of Second Amendment rights for all of the nation's citizens.

Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) – The ATF is a federal law enforcement agency that protects the citizens of the United States and local communities from the illegal use and trafficking of firearms, in addition to the illegal use of alcohol and tobacco items, acts of terrorism, violent crimes and criminal organizations.


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Joslyn Law Firm | Dayton Firearm and Weapon Defense Attorney

If you have been accused of a firearm or weapon offense throughout the areas of Montgomery County, Miami County, Clark County and Greene County, contact the Joslyn Law Firm today. Brian Joslyn is an aggressive Dayton criminal defense attorney who will make every to help you avoid the most serious penalties and repercussions to your alleged offense. Contact the Joslyn Law Firm at (614) 444-1900 today for a free consultation about your alleged gun, firearm or weapon offense in Dayton.