Legal Question in Criminal Law in Ohio

weapon while under disability.

What does weapon while under disability mean?

Asked on 11/13/06, 5:09 am

2 Answers from Attorneys

Willard Hanner Hanner Law Firm
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Re: weapon while under disability.

2923.13. Having weapons while under disability.

(A) Unless relieved from disability as provided in section 2923.14 of the Revised Code, no person shall knowingly acquire, have, carry, or use any firearm or dangerous ordnance, if any of the following apply:

(1) The person is a fugitive from justice.

(2) The person is under indictment for or has been convicted of any felony offense of violence or has been adjudicated a delinquent child for the commission of an offense that, if committed by an adult, would have been a felony offense of violence.

(3) The person is under indictment for or has been convicted of any offense involving the illegal possession, use, sale, administration, distribution, or trafficking in any drug of abuse or has been adjudicated a delinquent child for the commission of an offense that, if committed by an adult, would have been an offense involving the illegal possession, use, sale, administration, distribution, or trafficking in any drug of abuse.

(4) The person is drug dependent, in danger of drug dependence, or a chronic alcoholic.

(5) The person is under adjudication of mental incompetence, has been adjudicated as a mental defective, has been committed to a mental institution, has been found by a court to be a mentally ill person subject to hospitalization by court order, or is an involuntary patient other than one who is a patient only for purposes of observation. As used in this division, "mentally ill person subject to hospitalization by court order" and "patient" have the same meanings as in section 5122.01 of the Revised Code.

(B) Whoever violates this section is guilty of having weapons while under disability, a felony of the third degree.

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11/13/06, 5:14 am
Paul Ferris Law Office of Paul T. Ferris
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Re: weapon while under disability.

A resident of Washington State with a felony in another jurisdiction, e.g. Ohio, is prohibited from possessing firearms in Washington State. If the offender is prohibited under Ohio laws, then that person is prohibited in every state under federal law. Relief from disability under Ohio law should remove the disability under federal law as well. It MAY remove a disability under Washington State Law. Once you have obtained relief in Ohio, you can submit the Ohio court order to the attorney general in Washington for an opinion on your status inm Washington.

Here is the Ohio statute for obtaining relief from a firearm disability:

2923.14. Relief from disability.

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11/14/06, 7:21 pm

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