Weapons & Firearms Offenses

Possession of a Firearm by a Convicted Felon Defense Lawyer in Cleveland, Ohio

Experienced attorneys dedicated to protecting your rights in assault and battery cases.

Under Ohio law, it is illegal for convicted felons to possess firearms. A conviction for unlawful possession of a firearm can lead to significant prison time and permanently impact your future. In many cases, individuals are charged with this offense despite not having direct control over the weapon or being unaware of its presence. At Patrick M. Farrell Co. L.P.A., we aggressively defend clients facing unlawful firearm possession charges. We investigate whether law enforcement violated your rights, challenge the prosecution’s evidence, and work to minimize or dismiss charges whenever possible. If you are facing firearm possession charges as a convicted felon, we will fight to protect your rights and explore every legal defense available.

Understanding Possession of a Firearm by a Convicted Felon in Ohio

Ohio law strictly prohibits convicted felons from owning, possessing, or using firearms, even if the firearm was not used in a crime. A convicted felon found in possession of a firearm can face severe penalties, including years in prison, heavy fines, and permanent restrictions on civil rights.

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What Constitutes Illegal Firearm Possession for a Convicted Felon?

Under Ohio Revised Code § 2923.13, a person is prohibited from possessing a firearm if they have been convicted of:Any felony offense of violence, such as assault, robbery, or homicide.Any felony involving drugs, including possession, trafficking, or manufacturing controlled substances.A felony conviction under federal law that would prohibit firearm ownership.Any domestic violence conviction, even if classified as a misdemeanor.A court ruling declaring the individual mentally incompetent or institutionalized for mental illness or drug dependency.Possession does not only mean physically carrying a gun—a person can be charged if they:Have a firearm in their home, car, or within reach.Attempt to purchase or receive a firearm.Are found with ammunition or firearm accessories, even without a weapon.

Illegal Discharge of a Firearm

Unlawful Carrying of a Concealed Weapon

Gun Trafficking

Weapons & Firearms Offenses

Penalties for Possession of a Firearm by a Convicted Felon in Ohio

A felon found in possession of a firearm faces felony charges, with penalties depending on the circumstances:Possession of a Firearm by a Convicted Felon (Felony 3rd Degree - F3) –1 to 5 years in prisonFines up to $10,000Potential enhanced sentencing for repeat offendersPossession During Commission of a Crime (Felony 2nd Degree - F2) – If a convicted felon is caught with a firearm while committing another crime (e.g., drug trafficking, robbery), the penalties increase:2 to 8 years in prisonFines up to $15,000Additional penalties based on the primary offenseFederal Firearm Charges – If prosecuted under federal law, penalties can include:Mandatory minimum 5-year prison sentenceUp to 10 years in federal prisonLoss of parole eligibility for repeat offendersCollateral Consequences of a Firearm ConvictionBeyond the criminal penalties, a conviction for possession of a firearm by a convicted felon can result in:Permanent criminal record, making employment and housing difficult.Loss of voting rights in certain states.Loss of professional licenses (security, law enforcement, or military careers).Increased sentencing if convicted of future crimes.Immigration consequences, including deportation for non-citizens.

Illegal Discharge of a Firearm

The penalties for illegal discharge depend on where the gun was fired and whether it caused harm:Discharge Near a Public Place (Misdemeanor 1st Degree - M1)Up to 6 months in jailFines up to $1,000Discharge on or Near School Property (Felony 5th Degree - F5)6 to 12 months in prisonFines up to $2,500Shooting Into an Occupied Home or Building (Felony 2nd Degree - F2)2 to 8 years in prisonFines up to $15,000Drive-By Shooting / Firing From a Vehicle (Felony 2nd Degree - F2)2 to 8 years in prisonMandatory prison sentence if linked to gang activityIf the gun discharge results in injury or death, additional charges such as felonious assault or manslaughter may apply, leading to significantly harsher penalties.

Unlawful Carrying of a Concealed Weapon

The penalties for unlawful carrying of a concealed weapon depend on the circumstances of the offense:Unlawful Carrying of a Concealed Weapon (Misdemeanor 1st Degree - M1) – If the person has no prior offenses and was otherwise legally eligible to carry:Up to 6 months in jailFines up to $1,000Felony Carrying of a Concealed Weapon (Felony 4th Degree - F4) – If the firearm was loaded, carried by a prohibited person, or involved in a criminal act:6 to 18 months in prisonFines up to $5,000Felony Enhanced Charge (Felony 3rd Degree - F3) – If the weapon was used in connection with another felony (e.g., robbery, drug trafficking):1 to 5 years in prisonFines up to $10,000If the individual was previously convicted of a weapons-related offense, penalties may be enhanced with mandatory prison time.Collateral Consequences of an Unlawful Weapon ConvictionBeyond legal penalties, a conviction for unlawful carrying of a concealed weapon can result in:A permanent criminal record, making it difficult to obtain jobs or housing.Loss of firearm ownership rights, even for self-defense.Ineligibility for future concealed carry permits.Immigration consequences, including deportation for non-citizens.Difficulty obtaining professional licenses, especially in law enforcement or security fields.

Gun Trafficking

The severity of gun trafficking penalties depends on the nature of the offense and whether federal laws apply:

Unlawful Sale or Transfer of a Firearm (Felony 3rd Degree - F3) 1 to 5 years in prison. Fines up to $10,000.

Straw Purchases or Firearm Sales to Prohibited Persons (Felony 2nd Degree - F2) 2 to 8 years in prison. Fines up to $15,000.

Interstate Firearm Trafficking (Federal Offense) Up to 10 years in federal prison. Fines up to $250,000. Mandatory minimum sentences if linked to organized crime

Possession of Firearms with Removed Serial Numbers (Felony 4th Degree - F4) 6 to 18 months in prison. Fines up to $5,000. If gun trafficking is connected to violent crimes, drug trafficking, or gang activity, enhanced sentencing may apply, leading to significantly longer prison terms.

Collateral Consequences of a Gun Trafficking Conviction

Beyond prison time and fines, a conviction for gun trafficking can have long-term consequences, including:

A permanent criminal record, affecting employment and housing opportunities. Loss of firearm ownership rights under state and federal law.

Federal prosecution and harsher sentencing guidelines for repeat offenders.Immigration consequences, including deportation for non-citizens.Civil asset forfeiture, where law enforcement may seize property and funds linked to the crime.

Possession of a Firearm by a Convicted Felon

A felon found in possession of a firearm faces felony charges, with penalties depending on the circumstances:Possession of a Firearm by a Convicted Felon (Felony 3rd Degree - F3) –1 to 5 years in prisonFines up to $10,000Potential enhanced sentencing for repeat offendersPossession During Commission of a Crime (Felony 2nd Degree - F2) – If a convicted felon is caught with a firearm while committing another crime (e.g., drug trafficking, robbery), the penalties increase:2 to 8 years in prisonFines up to $15,000Additional penalties based on the primary offenseFederal Firearm Charges – If prosecuted under federal law, penalties can include:Mandatory minimum 5-year prison sentenceUp to 10 years in federal prisonLoss of parole eligibility for repeat offendersCollateral Consequences of a Firearm ConvictionBeyond the criminal penalties, a conviction for possession of a firearm by a convicted felon can result in:Permanent criminal record, making employment and housing difficult.Loss of voting rights in certain states.Loss of professional licenses (security, law enforcement, or military careers).Increased sentencing if convicted of future crimes.Immigration consequences, including deportation for non-citizens.

Weapons & Firearms Offenses

The penalties for weapons and firearms offenses vary based on the severity of the charge, prior criminal history, and whether the offense involved violent crime, drug activity, or additional felonies:Possession of a Firearm by a Convicted Felon (Felony 3rd Degree - F3)1 to 5 years in prisonFines up to $10,000Permanent loss of firearm rightsUnlawful Carrying of a Concealed WeaponMisdemeanor 1st Degree (M1) for First Offense – Up to 6 months in jail and fines up to $1,000Felony 4th Degree (F4) for Repeat Offenses – 6 to 18 months in prison and fines up to $5,000Illegal Discharge of a Firearm (Felony 3rd or 4th Degree - F3/F4)1 to 5 years in prisonFines up to $10,000Additional penalties if injury or property damage occursGun Trafficking (Felony 2nd Degree - F2)2 to 8 years in prisonFines up to $15,000Enhanced federal charges may applyCollateral Consequences of a Weapons & Firearms ConvictionBeyond the criminal penalties, a conviction for a weapons or firearms offense can result in:Loss of firearm rights, making it illegal to own or carry a gun.A permanent criminal record, affecting employment and housing opportunities.Ineligibility for professional licenses, especially in security, law enforcement, and government jobs.Federal charges, in cases involving interstate trafficking or illegal possession by felons.Immigration consequences, including deportation for non-citizens.Because Ohio law imposes harsh penalties for weapons-related offenses, it is critical to have an experienced defense attorney who can fight to reduce charges, challenge evidence, and protect your constitutional rights.

Why Choose Patrick M. Farrell Co. L.P.A.?

At Patrick M. Farrell Co. L.P.A., we prioritize your rights and freedom. Our experienced team is dedicated to providing you with personalized defense strategies that yield results.

Your Defense Starts Here

When facing criminal charges, having a dedicated and experienced defense team by your side is crucial. At Patrick M. Farrell Co. L.P.A., we understand the stakes involved and are committed to building the strongest defense possible for you. Our team will work tirelessly to analyze every detail of your case and ensure your rights are protected.

We recognize that each case is unique, and we tailor our strategies to fit your specific situation. Our attorneys are skilled in navigating the complexities of criminal law, and we will guide you through every step of the legal process. With our support, you can feel confident in your defense and the choices you make.

Don’t leave your future to chance. The sooner you reach out to us, the sooner we can begin crafting a robust defense strategy. We are here to listen to your concerns, answer your questions, and provide the legal expertise you need to fight back against the charges.

Your freedom and reputation are on the line, and we take that responsibility seriously. Our commitment to you goes beyond just legal representation; we aim to be your trusted ally during this challenging time. Together, we will work towards the best possible outcome.

Take action now and let us help you reclaim control of your life. Contact us today to schedule a consultation and start building your strongest defense.

Get Your Free Consultation Today

Facing legal challenges? Our experienced team is here to help you every step of the way.

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Get Your Free Consultation Today

Facing legal challenges? Our experienced team is here to help you every step of the way.