Limited Clients. Proven Results.
The Improper Handling Firearms Defense Lawyers understand how serious a charge for Improper Handling of Firearms is – as well as the long term impact of a conviction. Stiefvater Law, LLC limits the number of clients we represent in order to provide a level of service and results that exceed expectations. Improper Handling of Firearm Lawyer Robert Stiefvater formed his Improper Handling Firearms Defense Law Firm to stand up for individuals accused of committing crimes – and quickly became the go to firm for the defense of Improper Handling charges.
If convicted of Improper Handling of Firearms, the State of Ohio will absolutely try to keep your firearm through forfeiture. Improper Handling of Firearms can range from Misdemeanor 4 up to a Felony 4. Individuals are typically charged at the felony level. If you have a CCW permit, the State will want that too. Contact our Improper Handling Firearms Defense Lawyers in and discuss the defense that you need.
Improper Handling is any of the following:
Transporting a loaded firearm in a vehicle;
Failing to inform an officer that you are transporting a firearm;
Transporting a firearm while under the influence;
Discharging a firearm from a vehicle; or
Improperly transporting a firearm.
Contact the Improper Handling Firearms Defense Attorneys at Stiefvater Law to discuss the facts surrounding your charge for improper handling.
There are several statutory defenses to a charge of improper handling. These defenses are very fact specific:
Having a valid CCW permit;
The location (ownership) of the land upon which the alleged charge occurred;
Certain hunting situations (groundhog and coyote);
Employment as an officer of the law; or
Being employed in Ohio and authorized to carry a firearm.
Contact our Improper Handling of Firearm Lawyers in to discuss whether or not any of these defenses apply to your situation.
A charge of Improperly handling firearms can be a fourth degree felony, fifth degree felony, first degree misdemeanor, or fourth degree misdemeanor. Additionally, the State will attempt to take your firearm and your CCW permit (if you have one). The following are some of the potential fine and jail or prison time that can result if convicted:
Misdemeanor Four (M4) – 0-30 days in jail. Fine up to $250.
Misdemeanor One (M1) – 0-180 days in jail. Fine up to $1,000.
Felony Five (F5) – up to 12 months in prison. Fine up to $2,500.
Felony Four (F4) – up to 18 months in prison. Fine up to $5,000.
Improper Handling Firearms Defense Lawyer Robert Stiefvater has established himself as the go to Improper Handling of Firearms in a Motor Vehicle Attorney in . Call today and get results. Discover why other law firms refer clients to him. Robert’s defense of you starts with your phone call.
Call the Improper Handling of Firearm Lawyers at Stiefvater Law to find out if we are currently taking on new clients. We are the Improper Handling Firearms Defense Lawyers in .
Section 2923.16 of the Ohio Revised Code (ORC) establishes the law on Improperly Handling Firearms in a Motor Vehicle. The following is part of that code section:
Penalties
(a) If a person is convicted of, was convicted of, pleads guilty to, or has pleaded guilty to a violation of division (E) of this section as it existed prior to September 30, 2011, and if the conduct that was the basis of the violation no longer would be a violation of division (E) of this section on or after September 30, 2011, the person may file an application under section 2953.37 of the Revised Code requesting the expungement of the record of conviction. If a person is convicted of, was convicted of, pleads guilty to, or has pleaded guilty to a violation of division (B) or (C) of this section as the division existed prior to September 30, 2011, and if the conduct that was the basis of the violation no longer would be a violation of division (B) or (C) of this section on or after September 30, 2011, due to the application of division (F)(5) of this section as it exists on and after September 30, 2011, the person may file an application under section 2953.37 of the Revised Code requesting the expungement of the record of conviction.
(b) The attorney general shall develop a public media advisory that summarizes the expungement procedure established under section 2953.37 of the Revised Code and the offenders identified in division (H)(2)(a) of this section who are authorized to apply for the expungement. Within thirty days after September 30, 2011, the attorney general shall provide a copy of the advisory to each daily newspaper published in this state and each television station that broadcasts in this state. The attorney general may provide the advisory in a tangible form, an electronic form, or in both tangible and electronic forms.
(I) Whoever violates this section is guilty of improperly handling firearms in a motor vehicle. Violation of division (A) of this section is a felony of the fourth degree. Violation of division (C) of this section is a misdemeanor of the fourth degree. A violation of division (D) of this section is a felony of the fifth degree or, if the loaded handgun is concealed on the person's person, a felony of the fourth degree. Except as otherwise provided in this division, a violation of division (E)(1) or (2) of this section is a misdemeanor of the first degree, and, in addition to any other penalty or sanction imposed for the violation, the offender's concealed handgun license shall be suspended pursuant to division (A)(2) of section 2923.128 of the Revised Code. If at the time of the stop of the offender for a traffic stop, for another law enforcement purpose, or for a purpose defined in section 5503.34 of the Revised Code that was the basis of the violation any law enforcement officer involved with the stop or the employee of the motor carrier enforcement unit who made the stop had actual knowledge of the offender's status as a licensee, a violation of division (E)(1) or (2) of this section is a minor misdemeanor, and the offender's concealed handgun license shall not be suspended pursuant to division (A)(2) of section 2923.128 of the Revised Code. A violation of division (E)(4) of this section is a felony of the fifth degree. A violation of division (E)(3) or (5) of this section is a misdemeanor of the first degree or, if the offender previously has been convicted of or pleaded guilty to a violation of division (E)(3) or (5) of this section, a felony of the fifth degree. In addition to any other penalty or sanction imposed for a misdemeanor violation of division (E)(3) or (5) of this section, the offender's concealed handgun license shall be suspended pursuant to division (A)(2) of section 2923.128 of the Revised Code. A violation of division (B) of this section is a felony of the fourth degree.
(J) If a law enforcement officer stops a motor vehicle for a traffic stop or any other purpose, if any person in the motor vehicle surrenders a firearm to the officer, either voluntarily or pursuant to a request or demand of the officer, and if the officer does not charge the person with a violation of this section or arrest the person for any offense, the person is not otherwise prohibited by law from possessing the firearm, and the firearm is not contraband, the officer shall return the firearm to the person at the termination of the stop. If a court orders a law enforcement officer to return a firearm to a person pursuant to the requirement set forth in this division, division (B) of section 2923.163 of the Revised Code applies.
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