Although Ohio is an open-carry state, your right to keep (own) and bear (carry) firearms is not unlimited. That is especially true of the right to bear arms. Governments have the power to regulate this right by passing restrictive laws, and there are a number of these laws on the books in Ohio. Many police officers and prosecutors are aggressive when it comes to weapons charges. But these charges do not always hold up in court.
At The VanNoy Firm, our experienced Dayton weapons charge attorneys routinely handle such cases in Montgomery County and nearby jurisdictions. As a result, we know all the evidentiary and procedural rules in these areas. That includes the unwritten rules. We put our experience to work for you, both in court and during pretrial settlement negotiations.
Many highly controversial issues dominate the headlines. Gun ownership is at or near the top of this list. To many people, carrying a firearm is a constitutional right every bit as important as every other right. Others are equally convinced that, at best, guns only make bad situations worse.
Ohio’s concealed carry law, which has a number of exceptions, is a good compromise between these extremes. Some of these exceptions include:
Carrying a concealed weapon while wearing a mask, such as a medical facemask, is in a grey area. An obscure provision in the Health, Safety, and Morals code might ban such conduct. But a Dayton weapons charge attorney can normally successfully resolve such charges.
Unlicensed possession charges could hold up in court if the state can prove the three Ps of possession. Prosecutors must prove all three elements beyond any reasonable doubt.
The state must produce the item in court. So, if officers did not have a search warrant, and they usually did not, a narrow search warrant exception must apply. Common ones include owner consent to search, a plain view seizure, and a weapons pat-down search. Next, the state must prove the item was illegal. That usually means proving that the gun was fireable at the time of the alleged offense.
Finally, prosecutors must establish criminal possession. Legally, criminal possession is more than mere proximity. The state must also establish knowledge and control. It is difficult to link a gun in the trunk with a passenger in the front seat, especially if the passenger did not know the driver well.
Illegal gun possession charges are serious, but they are difficult to prove in court. For a confidential consultation with an experienced Dayton weapons charge attorney, contact The VanNoy Firm. Convenient payment plans are available.
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