Ohio Weapons Under Disability Attorneys

Having Weapons While Under Disability

Having weapons while under disability is defined under Ohio Revised Code § 2923.13. The statute makes it illegal for certain people to knowingly acquire, possess, carry, or use a firearm or dangerous ordnance while legally prohibited from doing so.

Unlike some weapons offenses, this charge does not depend on how the firearm was used. In many cases, the allegation centers solely on possession.

Who Can Be Considered “Under Disability”?

Ohio law recognizes several categories of people who may be prohibited from possessing a firearm.

A person may be considered under disability if they fall into one or more of the following categories:

• People who are fugitives from justice
• People who were previously convicted of certain felony offenses, including violent crimes or specific drug offenses
• People who have been found to be drug dependent or alcohol dependent and are subject to legal restrictions
• People who have been adjudicated as mentally incompetent or committed under qualifying legal standards

Our attorneys can carefully examine whether a valid legal disability actually existed at the time of the alleged offense and whether the prosecution can prove you knowingly violated that restriction.

Prepared for Any Case Complexities

Weapons disability cases frequently involve prior court orders, old convictions, or administrative records that are not always clear or up to date. In some situations, people believe their rights have been restored or are unaware that a prior case still creates a legal restriction. 

When such complexities arise, turn to Patituce & Associates right away for help. We can utilize our resources and experience to manage whatever comes up in the pursuit of defending your rights.

While working to defend you from these charges, we may need to analyze:

• The validity and scope of the alleged disability
• Whether the disability was still in effect
• Whether you knowingly possessed the weapon
• How the firearm was discovered and seized

Penalties for Having Weapons While Under Disability in Ohio

Having weapons while under disability is charged as a third-degree felony under Ohio law. 

If convicted, you could face:

• Up to 5 years in prison
• Fines up to $10,000
• Extended probation or community control
• Permanent loss of firearm rights
• Felony record that can impact employment and housing

What Defense Could Work for Your Case?

Defending against a weapons under disability charge requires more than a surface-level review.

Our legal team can prepare various defense strategies, such as:

• Challenging whether a legal disability truly applied
• Disputing knowledge or intent
• Examining whether law enforcement lawfully discovered the weapon
• Reviewing prior convictions or court findings for legal errors

With extensive experience defending felony charges, we understand how prosecutors attempt to pursue these cases and how to challenge assumptions that do not align with the facts or the law.

Call an Ohio Weapons Under Disability Lawyer Today

If you are facing a charge for having weapons while under disability, the stakes are high. A felony conviction can permanently affect your rights and your future. 

At Patituce & Associates, we provide focused, experienced defense for weapons-related charges throughout Ohio. We take the time to explain your options, examine the evidence, and protect your rights at every stage of the process.

With eight local offices, we serve clients across Ohio:

• Cleveland
• Columbus
• Akron
• Toledo
• Cincinnati
• Beachwood
• Independence
• Strongsville
• Dayton

Talk to our attorneys now. We’re standing by 24/7, so dial (440) 771-1175 for a free consultation.