Possession of a firearm while intoxicated or under the influence is an offense that is highly enforced in the state of Ohio. According to Ohio law, individuals can be charged with a Class A misdemeanor if they are found possessing a firearm during or after the consumption of alcohol. Even if you are under the legal BAC limit and not discharging the firearm, you can still be charged and convicted of this crime.
In a lot of instances, citizens simply forget that they are in possession of a firearm while drinking, and they end up with a high-level misdemeanor. Other times, individuals may be CCW holders and they forget to put away their firearm before they begin a night of drinking. However, regardless of what the situation may be, these circumstances can still cause someone to end up serving jail time and paying expensive court-mandated fines.
Have you been arrested for or charged with possession of a firearm while intoxicated, and you’re not sure what to do? If so, you must be aware of the complexities that come along with charges like these. It’s important to know what to do in legal situations such as these, and hiring a criminal defense attorney is one of the first things you need to do.
At Sabol Mallory LLC, our experienced lawyers have been defending citizens of Columbus, Groveport, Bexley, Westerville, Reynoldsburg, and other surrounding areas of Franklin County. With a proven track record of having charges reduced or completely dismissed, you can count on our litigation team to give you the legal defense you deserve. Call us today at 614-300-5088 for your free consultation with a legal expert from our team.
● Legislative Purpose for Possession of a Firearm While Intoxicated
● Elements and Penalties of Possession of a Firearm While Intoxicated
● Statute of Limitations for Possession of a Firearm While Intoxicated
● Resources for Possession of a Firearm While Intoxicated in Columbus OH
Ohio legislation has decided that possessing a firearm while intoxicated or under the influence is a risk to public safety. In 1974, Ohio Legislature passed ORC 2923.15, which states that no individual is allowed to possess or use a firearm and/or dangerous ordnance while under the influence of alcohol or any drug.
Drinking can alter your state of mind and deprive you of your mental faculties, which means that any individual who is carrying a firearm while drunk poses a risk to not only themselves but society as well. This piece of legislation gives law enforcement the right to step in and take action if they notice an individual is intoxicated while possessing a firearm.
In the state of Ohio, it is illegal to possess a firearm while intoxicated or under the influence. According to Ohio Revised Code 2923.15, a “firearm” is defined as a deadly weapon that is designed to expel projectiles via combustible propellant. The same Code defines “dangerous ordnance” as any of the following items:
● Explosive devices
● Ballistic knives
● Automatic firearms
● Explosive substances such as nitroglycerin or ammonium nitrate
● Rocket launchers
● Artillery pieces
Any individual found possessing a firearm while intoxication can face first-degree misdemeanor charges, which may lead to up to 6 months behind bars in addition to a fine not to exceed $1,000. Habitual offenders may face harsher penalties, and offenders who are also found guilty of related offenses such as domestic violence will face additional charges.
Something to keep in mind during the criminal process is the fact that prosecutors have to meet deadlines when they file charges (such as possession of a firearm while intoxicated) against defendants. This time limit is typically referred to as the Statute of Limitations. This is in place to ensure that the prosecution’s evidence maintains its relevance and integrity while the case is promptly dealt with by all parties.
Possession of a Firearm While Intoxicated is a misdemeanor, which means that prosecutors have up to 2 (two) years to file charges against defendants.
ORC 2923.15 | Using Weapons While Intoxicated - This link takes you to Ohio Revised Code section 2923.15, detailing the definition of Possession of a Firearm While Intoxicated and the possible penalty of this crime.
ORC 2901.13 | Statute of Limitations for Criminal Offenses - By clicking this link, you can find out more information on the statute of limitations for criminal offenses in the state of Ohio.
If you have been arrested or charged with possession of a firearm while intoxicated, you need to make sure you are completely aware of the potential outcomes of your charges. A conviction can lead to a tarnished criminal record alongside months of imprisonment and expensive court-mandated fines. If you are trying to defend yourself from the potential consequences of a conviction, you need to hire a highly-skilled, experienced defense lawyer.
At Sabol Mallory LLC, we understand the potential nightmare that can come along with a possession of a firearm while intoxicated conviction. With expert lawyers leading our firm, the Sabol Mallory team can help you understand your case and build a strong defense on your behalf. Serving Franklin, Delaware, Licking, and other counties of Ohio, we are wholly committed to protecting the rights of Ohio citizens. For more information on how we can help you, call us at 614-300-5088. You can also reach out to us by filling out our online contact form. All you’ve got to do is give us your name, contact info, and a brief overview of your criminal charges. Once this takes place, a member of our legal expert will get back to you soon to discuss what steps you’ll need to take to defend your rights and protect your freedom.
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