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GUN AND ILLEGAL WEAPON OFFENSES:
Weapon violations could lead to serious consequences including prison, a criminal record, and fines, even if the offender had no intention of committing a crime. Often more severe charges can be brought if dangerous or illegal weapons were used during the commission of an offense.
EXAMPLES OF GUN AND ILLEGAL WEAPON OFFENSES:
Guns and illegal weapons offenses can include, but are not limited to, the following:
- Carrying concealed weapons, in violation of R.C. 2923.12 http://codes.ohio.gov/orc/2923.12 ;
- Having weapons while under disability, in violation of R.C. 2923.13 http://codes.ohio.gov/orc/2923.13 ;
- Unlawful possession of dangerous ordnance – illegally manufacturing or processing explosives, in violation of R.C. 2923.17 http://codes.ohio.gov/orc/2923.17 ;
- Unlawful transaction in weapons, in violation of R.C. 2923.20 http://codes.ohio.gov/orc/2923.20 ;
- Improperly discharging firearm at or into a habitation, in a school safety zone or with intent to cause harm or panic to persons in a school building or at a school function, in violation of R.C. 2923.161 http://codes.ohio.gov/orc/2923.161 ;
- Discharge of firearm on or near prohibited premises, in violation of R.C. 2923.162 http://codes.ohio.gov/orc/2923.162 ;
- Improperly furnishing firearms to minor, in violation of R.C. 2923.21 http://codes.ohio.gov/orc/2923.21 ;
- Using weapons while intoxicated, in violation of R.C. 2923.15 http://codes.ohio.gov/orc/2923.15 ;
- Improperly handling firearms in a motor vehicle, in violation of R.C. 2923.16 http://codes.ohio.gov/orc/2923.16 .
In such cases, the potential sentences that a court can impose range from jail and/or fines for misdemeanor weapons violations to imprisonment for felony weapons violations.
WERE YOUR RIGHTS VIOLATED?
Due to many legal changes in recent decades, weapon laws can be vague for law enforcement officers and prosecutors, let alone for the average citizen.
Similar to drug cases, many weapons violations cases are charged following a search and seizure by police, such as a traffic stop, or a “stop and frisk.” These involuntary detentions and searches by police implicate the protections of the Fourth Amendment to the U.S. Constitution. Under the Fourth Amendment, all persons are protected against unreasonable searches and seizures by police and government actors. Furthermore, the U.S. Supreme Court has held that searches conducted without a warrant, are per se unreasonable.
When the police violate the protections of the Fourth Amendment, the evidence that stems from the violation (an illegal search or seizure) is thrown out under what is known as “the exclusionary rule.”
CALL ZUKERMAN ABOUT GUN AND ILLEGAL WEAPON OFFENSES:
The attorneys of Zukerman, Lear & Murray Co., L.P.A. regularly practice in the area of Fourth Amendment searches and seizures and have a proven track record of calling law enforcement officers out for any unconstitutional conduct, and having evidence against our clients excluded from trial.
If you or a member of your family has been accused of, or charged with, a weapons violation, do not hesitate to contact Zukerman, Lear & Murray Co., L.P.A.