State of Ohio v. Jerome Prieto

Youngstown, Ohio, criminal defense lawyer represents the Defendant charged with felony possession of a firearm and improper handling of a firearm.

Jerome Prieto, age 40, rammed a police cruiser when he was stopped for making an improper turn and no license plate light.

Under Ohio law, possession of a firearm after a felony conviction is governed by the statute known as "Having Weapons While Under Disability" (Ohio Revised Code ORC § 2923.13).

Who Is Prohibited

Not all felony convictions automatically trigger a firearm ban under Ohio state law, though federal law is broader. Under Ohio state law, you are prohibited from acquiring, having, carrying, or using a firearm if you have been convicted of or indicted for:

• A felony offense of violence (under ORC § 2923.13(A)(2))

• A felony-level drug offense (under ORC § 2923.13(A)(3))

• Other specific conditions, such as being a fugitive from justice, a drug-dependent person, a chronic alcoholic, or under a mental disability adjudication.

• Note: Non-violent felonies or felony convictions that do not involve violence or drugs (such as certain property or low-level non-violent offenses) may not always trigger a disability under Ohio state law alone, however, federal law strictly forbids any person convicted of a crime punishable by more than one year in prison from possessing or receiving a firearm.

Penalties

• Classification: Having weapons while under disability is a third-degree felony in Ohio.

• Punishment: It carries a prison sentence of up to 36 months (or up to 5 years depending on specific enhancements) and a fine of up to $10,000.

Living Arrangements & Constructive Control

• If a convicted felon lives in a home where firearms are present, they can face criminal charges if they have access or constructive control over the weapon (meaning they can easily reach or manage it).

How to Restore Firearm Rights

• Relief from Disability: Individuals can petition the Court of Common Pleas in their county under ORC § 2923.14 to request relief from a weapons disability, provided they have fully discharged their sentence and led a law-abiding life (certain violent or multi-felony offenses may be excluded).

• Expungement / Sealing: Expunging or sealing a qualifying record may also restore rights, though federal restrictions must still be evaluated separately.

A criminal charge is not proof of guilt.