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FAQ – Improperly Handling Firearms in Youngstown and Ohio
Understanding the laws surrounding firearms can be difficult. In Ohio, the crime of Improperly Handling Firearms is generally committed by transporting a weapon in an unlawful manner, discharging it from a moving vehicle, or possessing it inside a motor vehicle while under the influence of drugs or alcohol. This legislation is incredibly complicated, and there are many distinct ways an individual can end up facing this serious offense.
What are the Most Common Types of Improperly Handling Firearms Charges in Ohio?
If you are facing allegations, a trusted Youngstown criminal lawyer can explain the three most common types of charges:
- Discharging a weapon while inside a motor vehicle. This specific offense is legally categorized as a fourth-degree felony.
- Unlawfully transporting a weapon. When a firearm is transported inside a motor vehicle, it must be secured in one of four legally acceptable methods to be considered lawful. If transported unlawfully, the offense is categorized as a fourth-degree misdemeanor.
- Possessing or transporting a firearm in a motor vehicle while impaired by alcohol or drugs (or being over the legal limit). This rule applies to both drivers and passengers. This charge is classified as a fifth-degree felony.
How Do Officers Decide if Someone With a Firearm is Under the Influence?
When an officer suspects that an individual inside a vehicle with a firearm is impaired by alcohol or drugs, they will begin by asking questions. This applies equally to both drivers and passengers. An experienced Youngstown OVI lawyer knows that law enforcement will likely administer standard field sobriety tests, such as the One Leg Stand and the Walk and Turn. The officer might also utilize a portable breath test at the scene. Subsequently, law enforcement may perform a stationary breath test or demand a urine or blood sample for forensic testing.
Can a Person Be Charged with Both Improperly Handling Firearms and OVI?
Yes, they absolutely can. If law enforcement believes a driver possessed a loaded handgun in the car while under the influence or over the legal limit, they will likely charge that individual with both crimes. Typically, these two offenses are treated as completely separate cases. The OVI case is usually heard in a Municipal Court, whereas the Improperly Handling case proceeds in a Common Pleas Court. Consulting a lawyer is vital for navigating the complexities of both court systems.
What Are the Additional Requirements for Concealed Handgun License Holders?
Yes, additional rules apply. An individual who holds a valid concealed handgun license (CCW) and possesses a loaded weapon must not knowingly do any of the following actions when stopped by law enforcement, which your Youngstown OVI lawyer can further explain:
- Fail to immediately notify the officer about the loaded gun and the CCW license.
- Fail to remain inside the vehicle.
- Fail to keep their hands in plain sight unless instructed otherwise by the officer.
- Touch the weapon with their hands or fingers unless instructed otherwise by the officer.
- Disregard any lawful order given by the officer.
Are There Defenses to the Charge of Improperly Handling Firearms in Ohio?
Yes. The traditional legal defenses utilized in criminal cases are fully available for this specific offense. Furthermore, Ohio law offers specific defenses to this charge, and a person accused of this crime can rely on the affirmative defenses found in the Carrying a Concealed Weapon legislation.
Attorneys for Improperly Handling Firearms in Youngstown and Mahoning County
The Youngstown Criminal Law Group represents clients charged with Improperly Handling Firearms throughout Mahoning County and the surrounding areas. To learn more about our dedicated legal team, please explore our site. If you have been charged with this offense in Ohio and would like to discuss how an experienced Youngstown criminal lawyer can assist with your case, please call (330) 791-8104 or complete our online contact form to schedule a free phone consultation.