Unlawful Carrying of a Concealed Weapon Defense Lawyer in Cleveland, Ohio
Experienced attorneys dedicated to protecting your rights in assault and battery cases.
Ohio law requires individuals to have a valid concealed carry permit (CCW) to legally carry a firearm in public. If you are accused of unlawfully carrying a concealed weapon, you could face criminal charges, even if you had no criminal intent. A conviction can result in fines, jail time, and a permanent mark on your record. At Patrick M. Farrell Co. L.P.A., we understand that many people charged with this offense had no intention of breaking the law. We work to challenge the prosecution’s case, question improper searches and seizures, and seek case dismissals or reductions in penalties.
Understanding Unlawful Carrying of a Concealed Weapon in Ohio
Ohio law allows individuals to carry concealed firearms only if they have a valid Concealed Handgun License (CHL). However, carrying a concealed weapon without proper authorization is a serious offense that can result in jail time, fines, and a permanent criminal record. Depending on the circumstances, a conviction can also lead to increased penalties if the firearm was loaded, used in a crime, or possessed by a prohibited person.
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What Constitutes Unlawful Carrying of a Concealed Weapon in Ohio?
Under Ohio Revised Code § 2923.12, a person can be charged with unlawful carrying of a concealed weapon if they:Carry a concealed firearm or deadly weapon without a valid CHL permit.Fail to inform law enforcement of their concealed weapon during a traffic stop or police interaction.Carry a concealed firearm into a prohibited area, such as a school, government building, or private property with posted restrictions.Possess a concealed weapon while intoxicated, regardless of whether they have a permit.
Illegal Discharge of a Firearm
Gun Trafficking
Possession of a Firearm by a Convicted Felon
Weapons & Firearms Offenses
Penalties for Unlawful Carrying of a Concealed Weapon in Ohio
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.
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.