Second Amendment & Firearm Defense
Aggressive Firearm & Weapons Charge Defense in Ohio
Formidable Representation for Firearm & Weapons Allegations
At the Law Office of David A. Chicarelli Co., LPA, we provide aggressive defense against Carrying Concealed Weapons (CCW), Having Weapons While Under Disability (HWWUD), and mandatory firearm specifications in Southwest Ohio courts.
What Do I Do If Stopped with a Firearm or Charged?
Firearm laws involve complex state disclosure rules and felony specifications. Take these steps if stopped or charged:
1. Comply with Law Enforcement Officer Disclosure Rules
- Disclose firearm presence if asked: Inform officers immediately if you have a firearm inside the vehicle when questioned.
- Keep hands visible: Do not reach for documents or firearms; keep hands on the steering wheel.
2. State Identity & Refuse Vehicle Searches
- Provide license and ID: Hand physical documents to the officer.
- Refuse voluntary searches: State: "I am establishing my identity, but I do not consent to a search of my vehicle."
3. Audit Prohibition & Disability Classifications
- Dispute felony disability charges: Verify whether prior juvenile or adult records legally constitute a statutory disability under R.C. 2923.13.
- Challenge firearm specifications: File motions to dismiss 1-year, 3-year, or 5-year gun specifications.
4. Retain Second Amendment Defense Litigators
- Decades of trial authority: Work with defense litigators who understand Ohio concealed carry and firearm statutes.
- Former judicial insight: The Law Office of David A. Chicarelli Co., LPA defends your Second Amendment rights and freedom.
Frequently Asked Questions About Firearm / Weapons Charges Defense in Ohio
What is Having Weapons While Under Disability (HWWUD) under Ohio R.C. 2923.13?
Under Disability charges apply if you possess or use a firearm after being convicted of a felony of violence, a felony drug offense, or while under indictment. It is a 3rd Degree Felony carrying up to 36 months in state prison.
How did Ohio's "Permissive Concealed Carry" law change CCW regulations?
Ohio law allows qualifying adults to carry concealed firearms without a permit. However, failure to disclose firearm possession to law enforcement during lawful stops or carrying in prohibited locations (courthouses, schools) remains illegal.
What are Firearm Specifications in Ohio criminal indictments?
Firearm specifications are mandatory additional prison sentences (1, 3, 5, or 7 years) added to underlying felony charges if a firearm was displayed, brandished, or used during the offense.