What is the penaly for carrying in OH illegally?

TheBluesMan

October 19, 2003, 09:24 PM

zahc - Here's where I found the following information: http://onlinedocs.andersonpublishing.com/oh/lpExt.dll?f=templates&fn=main-h.htm&cp=PORC

Carrying Concealed Weapons is in Title 29, Chapter 23. Specifically in 2923.12. It reads:2923.12 Carrying concealed weapons.
(A) No person shall knowingly carry or have, concealed on his or her person or concealed ready at hand, any deadly weapon or dangerous ordnance.
(B) This section does not apply to officers, agents, or employees of this or any other state or the United States, or to law enforcement officers, authorized to carry concealed weapons or dangerous ordnance, and acting within the scope of their duties.
(C) It is an affirmative defense to a charge under this section of carrying or having control of a weapon other than dangerous ordnance, that the actor was not otherwise prohibited by law from having the weapon, and that any of the following apply:
(1) The weapon was carried or kept ready at hand by the actor for defensive purposes, while the actor was engaged in or was going to or from the actor's lawful business or occupation, which business or occupation was of such character or was necessarily carried on in such manner or at such a time or place as to render the actor particularly susceptible to criminal attack, such as would justify a prudent person in going armed.
(2) The weapon was carried or kept ready at hand by the actor for defensive purposes, while the actor was engaged in a lawful activity and had reasonable cause to fear a criminal attack upon the actor or a member of the actor's family, or upon the actor's home, such as would justify a prudent person in going armed.
(3) The weapon was carried or kept ready at hand by the actor for any lawful purpose and while in the actor's own home.
(4) The weapon was being transported in a motor vehicle for any lawful purpose, and was not on the actor's person, and, if the weapon was a firearm, was carried in compliance with the applicable requirements of division (C) of section 2923.16 of the Revised Code.
(D) Whoever violates this section is guilty of carrying concealed weapons, a misdemeanor of the first degree. If the offender previously has been convicted of a violation of this section or of any offense of violence, if the weapon involved is a firearm that is either loaded or for which the offender has ammunition ready at hand, or if the weapon involved is dangerous ordnance, carrying concealed weapons is a felony of the fourth degree. If the weapon involved is a firearm and the violation of this section is committed at premises for which a D permit has been issued under Chapter 4303. of the Revised Code or if the offense is committed aboard an aircraft, or with purpose to carry a concealed weapon aboard an aircraft, regardless of the weapon involved, carrying concealed weapons is a felony of the third degree.
If you get caught CCW in Ohio, it is a first degree misdemeanor (*the first time only*). The penalty for a first degree misdemeanor according to ORC 2929.21 is imprisonment for not more than six months and a fine of not more than a thousand dollars.

There are some instances in which CCW can be a fourth degree felony. The penalty for this, according to ORC 2929.14 is imprisonment from six to 18 months and a fine of up to $5,000. Of course, conviction of a felony makes you ineligible to *own* firearms at all. That penalty may be greater than any of the ones spelled out above.

Good luck on your paper tomorrow.

-Dave

P.S. I see you're in Salesville. I go shooting once in a while down in Caldwell on private land. I'll let you know the next time we have an Ohio THR get-together down there.