Carrying Concealed Weapons
Ohio residents who are 21 years of age or older and have completed the required training, education, and paperwork can apply for a concealed handgun license.
Even concealed carry licensees, however, may be charged with carrying concealed weapons (CCW) for having concealed handguns in forbidden carry zones or failure to notify law enforcement that they are CCW.
Carrying a concealed weapon without a license can result in serious penalties, and violations of state law by a licensee can lead to permanent loss of that person’s concealed handgun license. Convictions for these charges can have significant long-term consequences because of the perceived violent nature of the alleged offenses on a person’s criminal record.
Dayton Lawyer for Carrying Concealed Weapon Arrest
If you were arrested for allegedly carrying any kind of concealed weapon in Ohio, you will want to be sure that you have experienced legal counsel capable of getting the charges reduced or completely dismissed. The Joslyn Law Firm defends clients in Dayton, Kettering, Huber Heights, and many other communities in the greater Montgomery County area.
Brian Joslyn is a Dayton gun crimes attorney who also represents alleged offenders in Clark County, Greene County, and Miami County. You can have him review your case as soon as you call (937) 356-3969 to set up a free, confidential consultation.
Montgomery County Carrying Concealed Weapons Information Center
- What kinds of charges does a person face for carrying a concealed weapon without a permit?
- How can alleged offenders be charged if they have CCW licenses?
- Where can I find more information about concealed carry permits in Ohio?
Ohio Charges for Carrying Concealed Weapon Without License
Under Ohio Revised Code § 2923.12, no person can knowingly carry or have, concealed on that person’s person or concealed ready at hand, any of the following:
- A deadly weapon other than a handgun;
- A handgun other than a dangerous ordnance; or
- A dangerous ordnance.
A dangerous ordnance is defined under Ohio Revised Code § 2923.11(K) as any of the following:
- Any automatic or sawed-off firearm, zip-gun, or ballistic knife;
- Any explosive device or incendiary device;
- Nitroglycerin, nitrocellulose, nitrostarch, PETN, cyclonite, TNT, picric acid, and other high explosives; amatol, tritonal, tetrytol, pentolite, pecretol, cyclotol, and other high explosive compositions; plastic explosives; dynamite, blasting gelatin, gelatin dynamite, sensitized ammonium nitrate, liquid-oxygen blasting explosives, blasting powder, and other blasting agents; and any other explosive substance having sufficient brisance or power to be particularly suitable for use as a military explosive, or for use in mining, quarrying, excavating, or demolitions;
- Any firearm, rocket launcher, mortar, artillery piece, grenade, mine, bomb, torpedo, or similar weapon, designed and manufactured for military purposes, and the ammunition for that weapon;
- Any firearm muffler or suppressor; or
- Any combination of parts that is intended by the owner for use in converting any firearm or other device into a dangerous ordnance.
An alleged offender who carries a concealed weapon in violation of this statute can be charged with a first-degree misdemeanor punishable by up to 180 days in jail and a fine of up to $1,000.
If the alleged offender has been previously convicted of CCW or any offense of violence, if the weapon involved is a firearm that is either loaded or for which the alleged offender has ammunition ready at hand, or if the weapon involved is dangerous ordnance, the charge is a fourth-degree felony punishable by up to 18 months in prison and a fine of up to $5,000.
If the alleged offense is committed aboard an aircraft, or with purpose to carry a concealed weapon aboard an aircraft, regardless of the weapon involved, the crime is classified as a third-degree felony punishable by up to five years in prison and a fine of up to $10,000.
Dayton Charges for Carrying Concealed Weapon With License
If alleged offenders are arrested for any of the violations above, they can have the charges reduced to a minor misdemeanor punishable by a fine of up to $150 if they present their concealed handgun licenses, which were valid at the time of the arrest to the law enforcement agency that employs the arresting officer, within 10 days after the arrest and the alleged offender was not knowingly in a forbidden carry zone listed under Ohio Revised Code § 2923.126.
Valid concealed handgun licenses do not authorize licensees to carry concealed handguns into any of the following places:
- Police stations;
- Sheriffs’ offices;
- Highway Patrol posts;
- Premises controlled by the Ohio Bureau of Criminal Identification and Investigation (BCI);
- Correctional institutions or other detention facilities;
- Airport terminals or airplanes;
- Facilities for the care of mentally ill persons;
- Courthouses or buildings in which a courtroom is located;
- Universities, unless locked in a motor vehicle or in the process of being locked in a motor vehicle;
- Places of worship, unless the place of worship permits otherwise;
- Child day-care centers;
- Licensed Class D liquor permit premises when licensees are consuming beer or intoxicating liquor or are under the influence;
- Government facilities that are not used primarily as a shelter, restroom, parking facility for motor vehicles, or rest facility and are not a courthouse or a building or structure in which a courtroom is located; and
- School safety zones.
If alleged offenders who have been issued concealed handgun licenses are stopped for law enforcement purposes and are carrying concealed handguns fail to promptly inform any law enforcement officers who approach them they have been stopped that they are carrying concealed handguns, then they can be charged with a first-degree misdemeanor punishable by up to 180 days in jail and a fine of up to $1,000.
Alleged offenders with concealed handgun licenses can also face first-degree misdemeanor charges if they are stopped for law enforcement purposes, are carrying concealed handguns, and either:
- Knowingly fail to keep their hands in plain sight at any time after any law enforcement officer begins approaching them while stopped and before the law enforcement officer leaves, unless the failure is pursuant to and in accordance with directions given by a law enforcement officer; or
- Knowingly disregard or fail to comply with any lawful order of any law enforcement officer given while they are stopped, including, but not limited to, a specific order to them to keep their hands in plain sight.
Second and subsequent offenses by alleged offenders who have been previously convicted of either of the above violations will result in fifth-degree felony charges punishable by up to 12 months in prison and a fine of up to $2,500.
It is also a fifth-degree felony for alleged offenders who are stopped for law enforcement purposes, carrying concealed handguns, and approached by any law enforcement officer while stopped, to knowingly remove or attempt to remove loaded handguns from holsters, pockets, or other places in which they are carrying them, knowingly grasp or hold loaded handguns, or knowingly have contact with loaded handguns by touching them with their hands or fingers at any time after the law enforcement officer begins approaching and before the law enforcement officer leaves.
Ohio Resources for Carrying Concealed Weapons
CCW Permits | Montgomery County Sheriff — You can learn more about obtaining and renewing CCW permits in Montgomery County on this section of the sheriff’s website. In addition to required paperwork, you can download the application form and learn more about eligibility. The website also discusses some important notification requirements regarding address changes.
Montgomery County Sheriff’s Office Headquarters345 West Second Street
2nd Floor
Dayton, OH 45422
(937) 225-4357
Ohio Attorney General | Concealed Carry — The attorney general’s website contains various materials relating to the state’s concealed handgun licensing law. You can find concealed carry reports, statistics, and opinions. You can also view concealed carry reciprocity agreements and search for instructors.
Find a Carrying Concealed Weapons Lawyer in Dayton, Ohio
Have you been charged with allegedly carrying a concealed weapon in Montgomery County? The Joslyn Law Firm fights to get the most favorable outcomes for clients accused of various gun, firearm, and weapon charges throughout Dayton, including surrounding areas of Montgomery County, Greene County, Clark County, and Miami County.
Dayton criminal defense attorney Brian Joslyn has been selected as a Top 10 Criminal Lawyer in Ohio by the National Academy of Criminal Defense Attorneys. He will provide an honest and thorough evaluation of your case during a completely free initial consultation when you call (937) 356-3969 or complete an online form today.
