Gun Charges Defense Lawyer Columbus Ohio

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

• Having a firearm while prohibited - you are a:
  • convicted felon,
  • under indictment,
  • subject to a protection order,
  • or adjudicated mentally incompetent
• Underage possession - generally under 18, except for certain supervised hunting or range situations.

2. Carrying a Concealed Weapon (CCW) Violations

• Carrying a handgun concealed without a valid concealed handgun license.
• Carrying a concealed weapon in prohibited places such as:
  • Schools,
  • Courthouses,
  • Government buildings,
  • Private property where banned.

3. Improper Handling of Firearms in a Vehicle

• Transporting a loaded firearm improperly.
• Having a gun accessible in the car without following Ohio’s specific transport rules.
• Being under the influence of alcohol or drugs while possessing a firearm in a vehicle.

4. Possession of a Firearm While Under Disability

• This is a felony in Ohio.
• Applies to people prohibited due to prior felony convictions (violent crimes, drug crimes), mental health rulings, or active restraining/protection orders.

5. Using Weapons While Intoxicated

• Having or firing a gun while under the influence of drugs or alcohol.

6. Improper Discharge of a Firearm

• Firing a gun into or at a habitation, school zone, occupied structure, or over a roadway.
• Discharge within city limits (in most municipalities).

7. Weapons Under Disability with Drug Charges

• If caught with drugs and a firearm, charges can be stacked.
• May also trigger federal charges (e.g., felon in possession, drug trafficking with a firearm).

8. Possession of a Stolen or Altered Firearm

• Having a firearm with obliterated serial numbers.
• Possessing or selling stolen guns.

9. Firearm Specification Enhancements

• Many Ohio felonies (robbery, burglary, drug trafficking) carry an additional mandatory sentence enhancement if a gun was involved, even if it wasn’t fired.

Why Legal Representation is Crucial

• Felony exposure: Many of these charges are felonies that carry mandatory prison time.
• Federal crossover: Some Ohio gun cases are referred to U.S. Attorneys for federal prosecution (which usually means harsher penalties).
• Collateral consequences: Even misdemeanors can affect your ability to own guns in the future, employment opportunities, and professional licenses.

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:

• Carrying a Concealed Weapon without a license
  It can be a 1st degree misdemeanor if it’s a first offense, but upgrades with repeat violations.
• Improper Handling of a Firearm in a Vehicle (minor violations)
  Example: transporting an unloaded gun without following technical requirements.
• Using Weapons While Intoxicated
  Possessing or firing a gun while under the influence of alcohol or drugs.
• Discharge Within City Limits
  Illegal firing of a gun in a municipality not otherwise allowed.

Felony Gun Charges

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

• Having Weapons Under Disability
  Possessing a gun while legally prohibited (due to felony record, drug convictions, restraining order, or mental health ruling).
• Improper Handling of Firearms in a Vehicle (serious violations)
  Loaded, accessible gun in a car — especially while intoxicated.
• Possession of a Stolen or Altered Firearm
  Including guns with obliterated serial numbers.
• Improper Discharge of a Firearm
  Shooting into homes, school zones, vehicles, or across roadways.
• Felony with Firearm Specification
  Any felony (robbery, burglary, drug trafficking) with a gun adds mandatory prison time.

Do I Need a Lawyer?

• Felonies can mean mandatory prison sentences.
• Even misdemeanors can result in a loss of future gun rights.
• Federal charges may apply, making penalties much harsher.
  
  
  Marketing Purposes Only. This blog and website content should not be construed as legal advice or as legally accurate. For actual legal advice, consult a defense attorney like Sallynda Rothchild.