Columbus and Delaware, Ohio Criminal Defense Attorney
If you have been charged with carrying concealed weapons (CCW) in Columbus or Delaware, Ohio, contact Johnson Legal, LLC and speak with an experienced Columbus and Delaware, Ohio criminal defense attorney. Attorney David Johnson of Johnson Legal, LLC will discuss your case and assist you in fighting the charges. Call (614) 987-0192 or send an email to schedule a consultation regarding your case.
What is Carrying Concealed Weapons in Ohio?
Carrying concealed weapons (CCW), under ORC 2923.12, is knowingly carrying or having concealed on your body any of the following:
- A deadly weapon other than a handgun;
- A handgun or other dangerous ordnance; or
- A dangerous ordnance.
So, what is a “dangerous ordnance?” This is defined under ORC 2923.11(K) as any of the following:
- Any automatic or sawed-off firearm, zip-gun or ballistic knife;
- Any explosive or incendiary device;
- Compounds and explosives such as nitroglycerin, nitrocellulose, TNT and dynamite;
- Any firearm, grenade, bomb or similar weapon designed and manufactured for military purposes, and the ammunition for that weapon;
- Any firearm muffler or suppressor; and
- Any combination of parts that is intended for use by the owner in converting any firearm or other device into a dangerous ordnance.
Ohio Penalties for Carrying Concealed Weapons
Carrying concealed weapons in Ohio has a range of potential penalties. Depending upon the particular circumstances, the alleged offender could be charged with a minor misdemeanor or a 3rd degree felony.
Minor Misdemeanor CCW
If at the time of the arrest the person is not able to produce a concealed handgun license, and if the person is not in a place described in ORC 2923.126(B), the officer may arrest the person. The alleged offender will be guilty of a minor misdemeanor if both of the following apply:
- The alleged offender, within 10 days after the arrest, presents a concealed handgun license, which was valid at the time of arrest, to the law enforcement agency that employs the arresting officer; and
- At the time of arrest, the offender was not knowingly in a place described in ORC 2923.126(B).
1st Degree Misdemeanor
This charge will be applied if the alleged offender violates ORC 2923.12 and:
- The person does not have any previous convictions for this offense or any offense of violence;
- The weapon was not loaded or ammunition was not ready at hand; and
- The weapon was not a dangerous ordnance.
This charge carries a maximum 6 months in jail and a $1000 fine.
4th Degree Felony
The defendant will be charged with a 4th degree felony if:
- The person has a previous conviction for carrying concealed weapons or offense of violence;
- The weapon was loaded or ammunition was ready at hand; or
- The weapon is a dangerous ordnance.
This charge carries a maximum 18 months in jail and a $5000 fine.
3rd Degree Felony
If the offense is committed on an aircraft, or with the purpose of carrying a concealed weapon on an aircraft, regardless of the weapon involved, the individual will be charged with a 3rd degree felony. This charge carries a maximum 5 years in prison and a $10,000 fine.
Concealed Handgun License
Having a concealed handgun license does not always prevent a person from being charged with carrying concealed weapons. Any person that has been issued a concealed handgun license must refrain from the following:
- If stopped by the police and carrying a concealed handgun, the person must not fail to promptly notify the officer that the person is carrying a concealed handgun and has a license.
- If stopped by the police and carrying a concealed handgun, the person must keep their hands in plain sight.
- If stopped by the police and carrying a concealed handgun, the person must not attempt to remove the handgun from the holster or other place in which the person is carrying it.
- If stopped by the police and carrying a concealed handgun, the person must not knowingly disregard or fail to comply with any lawful order given by the police officer.
Failing to comply with the above requirements if stopped by the police can result in a 1st degree misdemeanor or 5th degree felony based on the circumstances. In addition to criminal penalties, the person will have their concealed handgun license suspended pursuant to ORC 2923.128(A)(2).
Columbus and Delaware, Ohio Carrying Concealed Weapons Attorney
If you have been charged with carrying concealed weapons, you should hire an attorney immediately. Contact Attorney David Johnson of Johnson Legal, LLC and speak with an experienced Columbus and Delaware, Ohio criminal defense attorney. Attorney Johnson will examine your case and assist you in putting forth the strongest defense possible. Call Johnson Legal, LLC at (614) 987-0192 or send an email to discuss your case.