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Dublin Criminal Defense Law Blog

The right to carry a firearm could clash with weapons crimes

Most Ohio residents know that the Second Amendment to the United States Constitution allows them to keep and bear arms. Even so, the government puts restrictions on how and when residents may exercise this right. For this reason, the right to carry a firearm often clashes with established weapons crimes.

In Ohio, you can openly carry a firearm in public, but you must meet certain conditions and criteria first. If you fail to understand what those qualifications and conditions are, you could end up on the wrong side of the law. For instance, you cannot carry a weapon onto government property or into schools.

Can I have my criminal record cleared in Ohio?

When you were younger, you made a poor choice that led to a criminal conviction. You regret this mistake every day. Because of your criminal record, you have been turned down for housing, jobs and other opportunities. There is no way to turn back time, but you may be able to expunge an offense from your criminal record.

Expungement does not wipe away a crime from your past, but it does prevent employers or other members of the general public from viewing certain convictions on your record. If you qualify for this process, it could be just the fresh start that you need.

DUI/OVI field sobriety tests are optional

Every Ohio resident should know that field sobriety tests are optional. Individuals are not legally required to participate in them during a DUI/OVI traffic stop. The primary reason for this revolves around the fact that the results of these tests depend a great deal on the police officer's subjective perceptions.

It is not difficult to imagine that an officer would be less objective and more subjective when administering these tests since he or she already suspects a driver of impairment. Even the slightest perceived failure could result in an arrest. A police officer's primary objective during a DUI/OVI stop is to obtain probable cause to substantiate an arrest, which means that he or she is not looking out for the driver's best interest.

Weapons crimes and the 2nd Amendment

The Second Amendment to the U.S. Constitution guarantees the right to bear arms. Even so, there are still numerous weapons crimes for which individuals here in Ohio can face charges. You should know that being charged with a crime does not mean you will get convicted of it. But you need an attorney that knows how to provide the right defense. 

Even though the right to bear arms can be restricted under certain circumstances, the government does not always have the right to restrict your right. For instance, if you have been convicted of an offense that stripped you of your right to carry a firearm, you may have the right to get this right back. This matters for people who hunt, or otherwise believe fundamentally in the Right to Bear Arms.

As another example, the Ohio legislature is currently enacting legislation that may help you in your defense, such as the recent Stand Your Ground Law. 

If you find yourself being restricted from possessing a firearm, or believe you have acted in self defense for the crime which you are now accused, the time to take action is now. Contact Campbell Law for more information at (614) 356-8515. 

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