Possession of a Firearm Under the Influence

Ohio law includes several misdemeanors that can happen unintentionally, especially in specific circumstances. A prime example is carrying a firearm while intoxicated. State regulations in Ohio strictly forbid carrying or using a firearm while under the influence of alcohol. It doesn’t matter how intoxicated you are or if the firearm was even fired; you can still face legal charges under state law.

Common Instances Leading to Charges

Unwittingly carrying a firearm is a frequent reason people face these charges. This often happens to individuals with concealed carry permits who forget they have their weapon on them when they have a drink. Another common situation involves traffic stops. If police pull you over for a routine check and find a firearm while you are intoxicated, you could be charged, regardless of whether you were aware of the weapon. A knowledgeable New Castle criminal lawyer can be crucial in these situations. Charges for possessing a firearm while under the influence are typically treated as serious misdemeanor offenses.

Legal Defense in Ohio for Firearm Intoxication Charges

If you find yourself accused of carrying a firearm while intoxicated, it is crucial to seek professional legal counsel. The consequences can be severe, including a significant misdemeanor charge that will tarnish your criminal record. Protecting your rights means hiring a skilled lawyer, such as a New Castle DUI lawyer, from a respected group.

At the Youngstown Criminal Law Group, we understand how overwhelming weapons charges can be, particularly when they arise from an honest mistake. Our mission is to alleviate your legal stress and work towards the best possible resolution. A dedicated New Castle criminal lawyer from our team is ready to provide you with exceptional representation.

Take action today by calling (330) 992-3036 to schedule a complimentary initial consultation. Let us answer your questions and outline your legal options.

Rationale Behind the Firearm Regulation Involving Alcohol Consumption

Lawmakers created this regulation because they recognized that combining firearms with alcohol consumption poses a significant threat to public safety. Alcohol impairs judgment and affects both physical and mental capabilities, making the act of handling a firearm particularly dangerous. This law gives law enforcement the authority to intervene and potentially prevent crimes by disarming individuals who are carrying firearms while intoxicated. To deter individuals who have concealed weapons from drinking and driving, stringent penalties are in place. Since driving under the influence significantly raises the risk of car accidents, adding a firearm to such a scenario could lead to more serious outcomes, including the accidental discharge of the weapon. Therefore, legislators designed these laws to protect the residents of Ohio and its law enforcement officers. If you are facing charges involving a firearm and alcohol use, a New Castle DUI lawyer can help you understand your rights and build a strong defense.

Key Points of Ohio’s Intoxicated Firearm Possession Law

Ohio law (under Ohio Consolidated Statutes Title 18 § 6105) prohibits anyone from carrying a “firearm” or “dangerous ordinance” while under the influence. A “firearm” is defined as any lethal weapon that can discharge one or more projectiles using an explosive or flammable propellant. It is important to remember that the firearm does not need to be loaded for a charge to be filed. The expertise of a New Castle criminal lawyer can be invaluable in interpreting these nuanced laws.

The term “dangerous ordnance” includes any of the following items or modifications:

• Automatic or altered firearms like sawed-off guns, ballistic knives, or zip-guns.
• Explosive or incendiary devices.
• Military-grade explosives used for mining, blasting, or demolitions, such as nitroglycerin or treated ammonium nitrate.
• Weapons typically used in military contexts, including firearms, rocket launchers, mortars, artillery, and grenades, along with their necessary ammunition.
• Devices designed to silence or muffle the sound of a firearm.
• Parts that, when assembled, can create a firearm or transform another device into a dangerous ordnance.

Being found in possession of a firearm while intoxicated can lead to a first-degree misdemeanor charge. This charge carries a potential sentence of up to six months in jail and a fine of up to $1,000. Consulting a New Castle DUI lawyer can help ensure that all aspects of alcohol involvement and firearm possession are properly addressed in your defense.

Supplementary Information

Becoming Informed on Ohio Gun Legislation

Explore the National Rifle Association: For thorough information regarding Ohio’s gun laws, the National Rifle Association’s website is an essential resource. You can engage with the association, learn about its history, and stay updated on political discussions and legal changes concerning firearms.
Understanding Firearms Possession While Intoxicated: The official portal for the Ohio General Assembly offers a detailed look at the statute regarding carrying a firearm under the influence. Use their platform to examine the components, potential legal consequences, and find related offenses and their penalties.

Legal Guidance for Weapons Charges Under the Influence in New Castle, OH

When facing charges for carrying a weapon while intoxicated, partnering with an experienced legal professional is vital. A New Castle DUI lawyer can provide the specific knowledge needed for your case. The Youngstown Criminal Law Group is distinguished by its deep experience within Ohio’s criminal justice system. Contact us immediately at (330) 992-3036 to learn more about how we serve the New Castle area. We can conduct a detailed discussion of your case during your strategic consultation.