WVXU-FM reported on October 16, 2020, that cities and counties were increasingly lending prosecutors to the U.S. Attorney’s Office as gun violence continues to surge in Southern Ohio.U.S. Attorney Dave DeVillers referred to it as “the biggest problem that has ever happened to the Southern District of Ohio.”
According to WVXU, federal prosecutors have charged more than 200 new defendants with firearms-related crimes this fiscal year 2020. The Southern District of Ohio has seen an increase of 26 percent since October 2019 when compared to the district’s four-year average.
DeVillers said gun violence is at historic levels in Cincinnati and Columbus with cases also being up in Dayton. While several criminals are used to serving six months in a county jail for weapons violations, DeVillers said they are shocked when they are charged federally and get more time.
“We’re talking about consecutive sentences – five, seven to 10 years depending upon what you do with the firearm,” DeVillers said.
DeVillers said most violent crimes dealing with firearms involve drugs, and drug dealers could not use self defense as an excuse for possessing a gun and then using it to kill somebody. At the end of September, DeVillers announced federal charges against 16 defendants as part of a Cincinnati gun violence initiative with ATF, Cincinnati Police and the Hamilton County Sheriff.
WSYX-TV reported on October 17, 2020, that there were 127 homicides in Columbus so far in2020, a total that exceeds the number of victims in the last two years. WDTN-TV reported on November 9, 2020, that city officials with Dayton and Columbus announced a lawsuit filed in Franklin County against the Ohio Attorney General’s Office over what they said was a failure to keep guns out of the hands of criminals.
According to the Courthouse News Service, Columbus, Dayton, and a volunteer with MomsDemand Action for Gun Sense claim in their suit against Republican Attorney General Dave Yost’s office and Ohio’s Bureau of Criminal Identification and Investigation that the bureau’s failure to collect and maintain criminal history data could have deadly consequences.Incomplete databases impact background checks run by gun shops, and mean a gun could end up in the hands of someone with a disqualifying conviction.
The complaint cites news and government reports that found that a minimum of 27 percent of Ohio felony convictions in 2015 were not reported to the National Instant Criminal BackgroundCheck System. At least 90 courts between 2015 to 2018 had gone months at a time without reporting any crimes that would prohibit someone from owning a gun.
Clerks of court in Ohio are required by state law to send a weekly summary of each case involving a felony, but the complaint said that only a portion of that data ever makes it to the database. Some data is never entered by court clerks while other information is lost through technological snafus.
While gaps in the state database became public knowledge in 2015, bureau employees described it as a “widespread issue” as early as 2012. The bureau launched a project that was supposed to fix a part of the problem, but it was canceled in 2014. A working group formed in2013 to evaluate the issue advised that officials provide local courts with better mechanisms for submitting data on changes to firearm eligibility to state and federal databases.
The complaint states that deficiencies in the system reduce the efficacy of background checks conducted on would-be gun purchasers and concealed-carry permit holders. Examples cited included a rape committed by a home health care worker with a prior felony assault conviction and an Ohio State University employee’s murder of a colleague as examples of crimes made possible by faulty background checks.
The plaintiffs are seeking declaratory and injunctive relief, or a writ of mandamus, finding that the bureau is “in default of its obligations” and directing the bureau and its superintendent to“promptly fulfill their mandatory, nondiscretionary legal obligations to procure disqualifying criminal history and other relevant information pertaining to all persons convicted of relevant crimes.”
The complaint noted that gun sales have “skyrocketed” since the COVID-19 pandemic hitAmerica in late February. Between March and September of this year, more than 590,000background checks were conducted of would-be firearms purchases in Ohio, or a 70 percent increase from the same period last year.
Gun Crimes in Ohio
Some of the common kinds of gun crimes in Columbus include carrying concealed weapons.Under Ohio Revised Code § 2923.12, carrying concealed weapons is a first-degree misdemeanor punishable by up to six months in jail and/or a fine of up to $1,000, but the offense becomes a fourth-degree felony punishable by up to 18 months in prison and/or a fine of up to $5,000 if the weapon is a firearm and it is loaded or has ammunition within reach.
Using weapons while intoxicated under Ohio Revised Code § 2923.15 is also a first-degree misdemeanor. Improperly handling firearms in a motor vehicle under Ohio Revised Code §2923.16 can range from fourth-degree misdemeanor to fourth-degree felony.
As the WVXU story noted, penalties for federal weapons crimes can be much steeper. Firearms mandatory minimum penalties continue to result in long sentences although they have decreased since fiscal year 2010.
Selling guns without a license under 18 U.S.C. § 922(b) is punishable by up to 10 years in prison. Making a false statement or misrepresenting identity to a firearms dealer or “straw purchases” can also result in up to 10 years in prison under 18 U.S.C. § 922(a)(6).
Under 18 U.S.C. § 922(o), it is illegal for any person to transfer or possess a machinegun. Possession of a machinegun can lead to a 10-year sentence if convicted, but use of a machinegun in the commission of another crime could lead to a sentence of up to 30 years in prison
Possession of a firearm in a school zone is also punishable by up to five years in prison while possession of a stolen firearm could lead to 10 years in prison. Possession of a firearm by a convicted felon is one of the most common criminal offenses people are charged with, and these offenses are also punishable by up to 10 years in prison.
As U.S. Attorney DeVillers mentioned, gun crimes are often connected to drug crimes, and several federal statutes provide for enhanced penalties for such offenses. There is a minimum five-year sentence for the mere possession of a gun during a violent crime or drug trafficking crime, a minimum seven-year sentence for “brandishing” a gun during a violent or drug trafficking crime, a minimum 10-year sentence if the gun is discharged during a violent or drug trafficking crime, and there will also be a minimum 10-year sentence if a gun is a short barreled rifle or shotgun and a minimum 30-year sentence if the gun is a machinegun or a “destructive device.”
Columbus Gun Crime Lawyer
If you were arrested for an alleged gun crime in Columbus or a surrounding area of FranklinCounty, do not delay in getting yourself legal representation. Sabol | Mallory understands the strongest defenses to utilize in these cases and we can fight to help you overcome criminal charges.
Our firm handles a wide variety of weapons offenses and understands how to negotiate with prosecutors. You can have us review your case when you call (614) 300-5088 or contact us online to set up a free consultation.
