Are Felony Or Misdemeanor Gun Charges That Serious?

We heard a story recently that was told to us like this: Please note: we are not affiliated with this family or story in any way; we are simply providing a real-life example of a felony gun charge. The story, as we heard it, goes as follows:

“My brother-in-law, God bless his soul, keeps a gun with him all of the time. He is still in therapy, dealing with being in an active shooter situation where several people unfortunately lost their lives. He is a lovely man, a veteran, and a tough son of a gun. But the shooting left him constantly thinking someone might come over the hill and attack him. He is clearly battling Post Traumatic Stress (PTSD). Yes, it’s creepy. On the other hand, a tough ass former Marine in a deadly active shooter situation, unarmed! He will never be unarmed again, is how it feels. He is legally licensed to own guns and has all of his permits. One day I went over to visit my Sister and she was on edge. I asked her what’s going on, and she said, Oh man, this is a doozy, you’d better sit down. She told me that my brother-in-law and she were outside on their deck, chilling, looking at the trees, taking in the fresh air. For some reason, my brother-in-law took his gun out and pointed it at a bird. My Sister told him to knock it off, and my brother-in-law set the gun down. They do not have kids and have their own house. But he had moved the safety off by reflex when he pointed it at the bird. Dumb, I know, right!?

They go inside. Later, my Sister comes downstairs and into the room with my Brother-in-law when he picks up his gun from the table, it goes off! By luck, miracle, what have you it shot through the indoor outdoor screen and into the ground. The boom was so loud that my Sister went into immediate Flight part of “Fight-Or-Flight” response mode, and took off running out of the house and down the street.

This isn’t good on so many levels. Thankfully and most importantly, no one was hurt. This is just as easy as people, often kids, lose their lives to accidental gun discharges. Fortunately, for my brother-in-law, no one reported the gunshot. The neighborhood they live in is outside of the official city limits, and hearing gunshots is more normal than one would think. Not that people are getting shot, but there is a Good ol’ boy culture where people are either shooting targets or likely shooting guns in the air.

This might sound familiar, but this is all felony gun behavior.

First, the gun accidentally going off could have been charged; this is a felony! If the prosecutor wanted to, they may have pursued the potential PTSD condition and taken his gun license away, or charged him with more serious gun crimes. Now if the police came and they saw drinks out, or joints, they may have pursued a drug test or maybe during discussion my-brother-in-law admits to having a drink earlier. Now the prosecutor could layer on handling a firearm while intoxicated. What was relaxing on the back deck with your wife just turned to multiple life-changing felonies in an instant. While at least it was not a life-ending incident, having a felony gun charge against you is a serious crime.

Make sure your case is represented, that your story is told.

In Ohio, gun-related charges can range from relatively minor misdemeanors to serious felonies that carry long prison sentences. Because of how aggressively firearm cases are prosecuted and how easily they can intersect with federal law, it can be beneficial to have a gun rights attorney fighting for you on your behalf.

Common Gun Charges in Ohio

1. Illegal Possession of a Firearm

  • Underage possession – generally under 18, except for certain supervised hunting or range situations.

2. Carrying a Concealed Weapon (CCW) Violations

3. Improper Handling of Firearms in a Vehicle

4. Possession of a Firearm While Under Disability

5. Using Weapons While Intoxicated

6. Improper Discharge of a Firearm

7. Weapons Under Disability with Drug Charges

8. Possession of a Stolen or Altered Firearm

9. Firearm Specification Enhancements

Why Legal Representation is Crucial

Ohio gun charges that almost always require a lawyer include firearms under disability, improper handling in a vehicle, illegal possession, stolen/altered firearm charges, or any case involving a gun and another felony.

Ohio Gun Charges: Misdemeanor vs. Felony

Misdemeanor Gun Charges

These are less severe, but still serious and can create a permanent record:

Felony Gun Charges

These are much more serious, often carrying prison time and permanent loss of firearm rights:

Do I Need a Lawyer?

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