Even though you do not need a permit to carry a gun in Cincinnati, OH, you are still subject to a background check. Licensed gun dealers run background checks to ensure you are not prohibited from carrying a firearm.
If you have been charged with illegally possessing a firearm or other weapons charges, hiring an experienced criminal defense lawyer can make a difference in the outcome of your criminal case. Our Cincinnati gun rights attorneys at Suhre & Associates DUI and Criminal Defense Lawyers have over 100 years of combined experience.
We have former prosecutors and police officers on our team, which gives our lawyers a unique understanding of the criminal justice system. Our attorneys are aggressive trial lawyers with an excellent track record of success. Contact us at (513) 333-0014 to schedule a free consultation.
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How Suhre & Associates DUI and Criminal Defense Lawyers Can Help You With Firearm-Related Criminal Charges
At Suhre & Associates DUI and Criminal Defense Lawyers, our lawyers have over a century of experience. As former prosecutors and police officers, they understand how the state prosecutes weapons charges. They also understand mistakes law enforcement officers can make that could violate your rights.
When you hire our top-rated Cincinnati weapons charges lawyers, you can trust we will:
- Investigate the weapons charges against you, including gathering evidence and analyzing the state’s evidence
- Explain Ohio law and how it applies to your case
- Develop a sound legal defense based on the facts of your case
- Discuss potential defenses and options for negotiating a plea agreement
- Aggressively defend you and represent your best interests during all phases of your criminal case, including negotiating a plea bargain and taking your case to trial
- Fight to obtain the best possible outcome to minimize the consequences of a weapons charge
We have a perfect 10.0 rating with Avvo. Our attorneys have been recognized for their legal services by Super Lawyers and The National Trial Lawyers Top 100.
Call us to request a free case evaluation with an experienced Cincinnati criminal defense attorney. We are available 24/7 to take your call in Cincinnati, Ohio.
Ohio Prohibits Certain People From Possessing Firearms and Other Weapons
Federal and state law prohibits some people from purchasing or possessing a firearm. Ohio Revised Code §2923.13 states that a person cannot “acquire, have, carry, or use” a dangerous ordinance or firearm when the person:
- Has been convicted of or is under indictment for a felony offense of violence;
- Has been judged a delinquent child for an offense that, if committed by an adult, would be a felony offense of violence;
- Is a fugitive from justice;
- Has a drug addiction or is in danger of drug dependence;
- Has chronic alcoholism;
- Has been convicted of or is under indictment for a felony offense for the illegal use, possession, administration, sale, trafficking, or distribution of any drug of abuse;
- Is a delinquent child for an offense that, if committed by an adult, would be a felony drug offense; OR,
- Has been committed to a mental institution, adjudicated as being mentally incompetent, found by the court to be a person with a mental illness subject to a court order, or involuntarily committed.
Under this code section, illegal possession of a weapon or firearm is a third-degree felony. A conviction could result in incarceration, fines, and other penalties.
How Can I Appeal a Background Check for Firearms in Ohio?
The background check for purchasing firearms is conducted with the FBI through the National Instant Criminal Background Check System (NICS). It runs your name through the system to determine if you can legally own and possess a firearm.
Typically, background checks are returned quickly. However, you can request an appeal if you believe your background check is being delayed or unjustly denied. An appeal challenges the accuracy of the records used for your background check and/or asserts your rights to possess a firearm have been restored.
Appeals may be filed with the FBI online, by fax, or by mail. To appeal a denial, you must provide your complete name and address and the NICS or State Transaction Number. You may also include a set of your rolled fingerprints. You must submit the same information to appeal a delay, but the rolled fingerprints are a requirement instead of an option.
It is important to remember that federal laws add to the state list of people who cannot possess firearms. Therefore, the delay or denial of your background check could be based on a federal law prohibiting you from owning a firearm.
Schedule a Free Consultation With a Cincinnati Weapons Charges Lawyer
Weapons charges are complex criminal cases that have severe penalties for a conviction. Do not entrust your defense to an inexperienced attorney. Call Suhre & Associates DUI and Criminal Defense Lawyers for a free case review from one of our highly skilled and experienced Cincinnati weapons charges lawyers.