Submitted by Friedman Nemecek on
Ohio law places significant restrictions on carrying firearms into places of worship, including temples, churches, synagogues, and mosques. Those restrictions apply even to individuals who otherwise have a valid concealed handgun license.
For anyone who carries a firearm for personal protection, understanding these rules is critical. Potential charges may depend on several different factors, such as whether the firearm is loaded, unloaded, or whether the person is prohibited from possessing a firearm. A mistake can potentially result in criminal charges, including a felony.
Carrying a firearm into a place of worship without permission is a violation of R.C. 2923.12(A)(2), Carrying Concealed Weapons. If the firearm is loaded, it is a felony of the fourth degree. If the firearm is unloaded, it is a misdemeanor of the first degree.
If the offender is under a disability, they are in violation of R.C. 2923.13, Having Weapons While Under Disability. This is a felony of the third degree.
Case law has not directly addressed what form the permission from the place of worship must take to negate criminal liability. However, based on the statutory language of “unless . . . the place of worship permits otherwise”, the statute suggests that permission can be given in a wide array of forms. See R.C. 2923.126(B)(6).
- 3rd Degree Felony Penalties: Up to nine, twelve, eighteen, twenty-four, thirty, or thirty-six months of prison incarceration.
- 4th Degree Felony Penalties: Up to six, seven, eight, nine, ten, eleven, twelve, thirteen, fourteen, fifteen, sixteen, seventeen, or eighteen months of prison incarceration.
- 1st Degree Misdemeanor Penalties: Up to 180 days in local jail.
Places of worship are one example of why possessing a valid license to carry a firearm does not necessarily mean that it is lawful everywhere. Firearm laws can be highly fact-specific, and the consequences can be detrimental.
If you are facing a firearm-related criminal offense in Ohio, or need legal representation, please do not hesitate to contact the attorneys at Friedman Nemecek Long & Grant, L.L.C. Our dedicated team can review the circumstances of the encounter, determine whether the statutory elements of the offense are satisfied, and evaluate any defenses or sentencing issues that may apply.
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