2006 Ohio Revised Code - 2923.13. Having weapons 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. 
 

HISTORY: 134 v H 511 (Eff 1-1-74); 146 v S 2. Eff 7-1-96; 150 v H 12, § 1, eff. 4-8-04.
 

See the provisions of §§ 6 and 7 of H.B. 12 (150 v  - ) following RC § 2923.12. 

Not analogous to former RC § 2923.13 (GC § 13421-24; 108 v PtI, 189; Bureau of Code Revision, 10-1-53; 126 v 575), repealed 134 v H 511, § 2, eff 1-1-74. 

Analogous to former RC § 2923.56 (133 v H 484), repealed 134 v H 511, § 2, eff 1-1-74.

The effective date is set by section 6 of SB 2. 

 

Effect of Amendments

H.B. 12, Acts 2004, effective April 8, 2004, added "has been adjudicated ... Revised Code" to the end of (A)(4); deleted (B) and redesignated former (C) as present (B); and deleted "A violation of division (A) of this section is a felony of the fifth degree. A violation of division (B) of this section is" preceding "a felony" in present (B). 

 

19xx Committee Report or Comment.

1974 Committee Comment to H 511

This section is similar to a former prohibition against weapons in the hands of bad risks, including fugitives, certain felons, drug dependent persons, alcoholics, and mental incompetents. The section expands upon the former law by including within the prohibition persons under indictment for or who have been convicted of, or who have been adjudged juvenile delinquent for, any felony of violence or any drug abuse offense. The section also expands upon former law by including not only firearms but all dangerous ordnance within its purview. 

Having weapons while under disability is a felony of the fourth degree. 

Disclaimer: These codes may not be the most recent version. Ohio may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.