Limited Clients. Proven Results.
By limiting the number of clients we defend at any given time, our Improper Handling of Firearm Attorneys are able to utilize the full resources of our Improper Handling of Firearms Defense Law Firm for each case. This has made Stiefvater Law, LLC the “go to” law firm for the defense of Improper Handling of Firearms charges. Call Improper Handling of Firearms in a Motor Vehicle Attorney Robert Stiefvater to discuss the defense of your case. He will give you a free consultation even if his Improper Handling of Firearm Law Firm is not currently accepting new clients.
Improper Handling of Firearms is a serious charge. More often than not, people are charged at the felony level. Charges for improper handling of firearms can range from misdemeanor 4 up to felony 4. If you have a concealed carry permit, you may lose it. The State of Ohio will most likely also try to keep your firearm through forfeiture. Contact Improper Handling of Firearms Attorney Robert Stiefvater to discuss the successful defense of your case. His Improper Handling of Firearms Law Firm is standing by with the defense that you need.
It is considered Improper Handling when you do any of the following:
Discharge a firearm from a motor vehicle;
Transport a loaded firearm in a motor vehicle;
Transport a firearm improperly in a motor vehicle;
Transport a firearm in a motor vehicle while under the influence of drugs or alcohol; or
Fail to inform an officer that you are transporting a firearm.
Contact Improper Handling of Firearms in a Motor Vehicle Lawyer Robert Stiefvater 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 Firearms Lawyers in to discuss whether or not any of these defenses apply to your situation.
Improperly Handling of Firearms can be a Fourth Degree Misdemeanor, First Degree Misdemeanor, Fifth Degree Felony, or Fourth Degree Felony. Additionally, the State will almost always want to confiscate your firearm and your concealed carry permit (if you have one) through forfeiture. 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.
Stiefvater Law has established itself at the go-to Improper Handling of Firearms Law Firm in . Call today and get results. Find out why other attorneys refer clients to us. Our defense of you starts with your phone call.
Call the Improper Handling of Firearms Lawyers at Stiefvater Law to find out if we are currently taking on new clients. We are the Improper Handling of Firearm Lawyers in .
Ohio Revised Code (ORC) Section 2923.16 governs Improperly Handling Firearms in a Motor Vehicle. The language below comes from the ORC:
Establishment of Crime
(A) No person shall knowingly discharge a firearm while in or on a motor vehicle.
(B) No person shall knowingly transport or have a loaded firearm in a motor vehicle in such a manner that the firearm is accessible to the operator or any passenger without leaving the vehicle.
(C) No person shall knowingly transport or have a firearm in a motor vehicle, unless the person may lawfully possess that firearm under applicable law of this state or the United States, the firearm is unloaded, and the firearm is carried in one of the following ways:
(1) In a closed package, box, or case;
(2) In a compartment that can be reached only by leaving the vehicle;
(3) In plain sight and secured in a rack or holder made for the purpose;
(4) If the firearm is at least twenty-four inches in overall length as measured from the muzzle to the part of the stock furthest from the muzzle and if the barrel is at least eighteen inches in length, either in plain sight with the action open or the weapon stripped, or, if the firearm is of a type on which the action will not stay open or which cannot easily be stripped, in plain sight.
(D) No person shall knowingly transport or have a loaded handgun in a motor vehicle if, at the time of that transportation or possession, any of the following applies:
(1) The person is under the influence of alcohol, a drug of abuse, or a combination of them.
(2) The person's whole blood, blood serum or plasma, breath, or urine contains a concentration of alcohol, a listed controlled substance, or a listed metabolite of a controlled substance prohibited for persons operating a vehicle, as specified in division (A) of section 4511.19 of the Revised Code, regardless of whether the person at the time of the transportation or possession as described in this division is the operator of or a passenger in the motor vehicle.
(E) No person who has been issued a concealed handgun license or who is an active duty member of the armed forces of the United States and is carrying a valid military identification card and documentation of successful completion of firearms training that meets or exceeds the training requirements described in division (G)(1) of section 2923.125 of the Revised Code, who is the driver or an occupant of a motor vehicle that is stopped as a result of a traffic stop or a stop for another law enforcement purpose or is the driver or an occupant of a commercial motor vehicle that is stopped by an employee of the motor carrier enforcement unit for the purposes defined in section 5503.34 of the Revised Code, and who is transporting or has a loaded handgun in the motor vehicle or commercial motor vehicle in any manner, shall do any of the following:
(1) Fail to promptly inform any law enforcement officer who approaches the vehicle while stopped that the person has been issued a concealed handgun license or is authorized to carry a concealed handgun as an active duty member of the armed forces of the United States and that the person then possesses or has a loaded handgun in the motor vehicle;
(2) Fail to promptly inform the employee of the unit who approaches the vehicle while stopped that the person has been issued a concealed handgun license or is authorized to carry a concealed handgun as an active duty member of the armed forces of the United States and that the person then possesses or has a loaded handgun in the commercial motor vehicle;
(3) Knowingly fail to remain in the motor vehicle while stopped or knowingly fail to keep the person's hands in plain sight at any time after any law enforcement officer begins approaching the person while stopped and before the law enforcement officer leaves, unless the failure is pursuant to and in accordance with directions given by a law enforcement officer;
(4) Knowingly have contact with the loaded handgun by touching it with the person's hands or fingers in the motor vehicle at any time after the law enforcement officer begins approaching and before the law enforcement officer leaves, unless the person has contact with the loaded handgun pursuant to and in accordance with directions given by the law enforcement officer;
(5) Knowingly disregard or fail to comply with any lawful order of any law enforcement officer given while the motor vehicle is stopped, including, but not limited to, a specific order to the person to keep the person's hands in plain sight.
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