Cleveland Gun Crime Lawyer

Cleveland Gun Crime Attorney

In Ohio, the right to keep and bear arms protects individual liberties but also comes with a lot of duties and requirements. It’s important to know the state’s complicated gun regulations to ensure that you are in compliance. Gun crimes are not always a result of an intentional shooting. Sometimes, they occur when a person is knowingly or unknowingly non-compliant with current laws. If you have been charged with a gun crime, a Cleveland gun crime lawyer can help.

Fortress Law Group, LLC: A Law Firm You Can Trust

At Fortress Law Group, LLC, our Cleveland criminal defense attorneys have a deep understanding of the state’s current gun laws. We know that they can sometimes be confusing, especially in cases involving violent crimes. We can help you understand the law. If you have been charged with a gun crime, we can defend you in court and help fight for your rights. We can look at the details of your case and strive for the most advantageous outcome for you. We are here to provide you with the legal counsel that you need.

Ohio Gun Laws

Ohio’s gun laws allow open carry of a weapon, which means that most adults can carry weapons in public without having a permit. However, being able to legally carry a concealed handgun requires adhering to specific laws, illustrating the state’s commitment to finding a middle ground between individual liberties and public safety.

While open carry is usually allowed without a license, carrying concealed pistols or other lethal weapons requires a license or another qualifying status, including being a member of the armed forces or being on active duty. Unauthorized carry of a concealed handgun can lead to serious weapon charges, from first-degree misdemeanors to fourth-degree felonies, especially if the weapon is loaded.

Types of Gun Crimes

There are a number of crimes that a person can be charged with in violation of gun laws. These violations encompass more than just violently or recklessly discharging a gun. Some of these crimes include:

• Possession of illegal firearms.
• Illegal possession of firearms by minors.
• Improper discharge of a gun.
• Carrying a concealed weapon without a license.
• Illegal possession of a firearm (i.e., by a felon or a person with certain disabilities).
• Possession of a firearm in a restricted place.
• Assault with a deadly weapon.

Restricted Areas and Concealed Carry

Even for those with a current concealed carry permit, there are still areas in the state where guns are not permitted. These include places of worship, educational institutions, government facilities, and private homes with signs banning guns. Gun owners must become well-versed in the relevant regulations and carefully abide by them since breaking these limits might have serious legal repercussions.

The state is very strict about carrying a gun in a car. Unless covered by a concealed carry license or special authorization, having a loaded firearm that is within reach of any occupant or an unloaded firearm that is not securely stored during non-hunting seasons is a fourth-degree felony.

Furthermore, Ohio forbids the possession of guns in any area designated as a school safety zone, which includes school buildings, buses, and events. There are exceptions to this rule for those who hold a current concealed carry license.

Gun Possession Restrictions

In addition to Ohio’s own firearms statutes, federal regulations extend these restrictions to individuals who fall under certain categories. These include:

• Those who are mentally ill.
• Those convicted of a felony.
• Domestic violence offenders.
• Those who have restraining orders against them due to domestic violence.
• Those who illegally use drugs or are addicted to such substances.
• Any person under the age of 18.

Under certain conditions, those who are legally forbidden from owning firearms may seek to have their privileges restored.

Defending Against Gun Crimes

Legal defenses allow people accused of carrying concealed guns in Cleveland, Ohio to contend that they acted in self-defense, defense of their families, or defense of others in instances when they faced immediate danger.

A person may also argue that the search and seizure conducted to find the gun was illegal and, therefore, not permissible in court. The Fourth Amendment protects citizens against unlawful search and seizure, such as without a warrant or probable cause.

Contesting ownership or control of the firearm is another essential defense strategy, especially if it is done by indicating ignorance of or inability to manage its presence. It may be necessary to prove that the defendant did not own the handgun or was not aware of its existence, particularly in situations where there was shared access to the area where the firearm was discovered.

FAQs

Q: What Are the Penalties for Carrying a Concealed Weapon Without a License?

A: Penalties for carrying a concealed weapon without a license depend on the circumstances surrounding the crime. The state defines carrying a concealed firearm without a license as a first-degree misdemeanor. This can result in fines and jail time. The offense becomes a fourth-degree felony if the hidden firearm is loaded, with additional fines and likely a longer prison sentence.

Q: Can I Legally Carry a Gun in My Car?

A: You can carry a gun in your car if you have a concealed carry license. Carrying a loaded firearm in a car that is visible to everyone within is a fourth-degree felony without a license. In Ohio, an unloaded firearm must be in a closed container, such as a case, or visible in a gun rack.

Q: What Should I Do if I’m Stopped by Police While Carrying a Concealed Handgun?

A: If you’re stopped by police while carrying a concealed handgun, you must immediately inform the officer that you have a concealed carry license and that you are carrying a handgun. If you do not provide this information to law enforcement while stopped, it can lead to legal penalties.

Q: Are There Places Where I Cannot Carry a Concealed Handgun, Even With a License?

A: Yes, even with a concealed carry license, you cannot carry a concealed handgun in certain places in the state. These places include schools, government buildings, places of worship, and private properties with posted signs prohibiting firearms. A person can face gun crime charges if they carry a concealed handgun in these places, even if they have a license, including fines and potential jail time.

Contact Fortress Law Group, LLC

Being charged with a gun crime can be challenging. Hiring an attorney can help you during this process. Fortress Law Group, LLC, can help. Contact us today for more information.