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Ohio Gun Specifications


Laws on gun specs change often.  This is very, very basic and your facts will most certainly change what is here.

The law

2923.11(B) defines a firearm

2929.14(D) requires an additional mandatory term for offenses involving a firearm

2941.141 imposes a one year firearm specification for having a gun

2941.142 imposes one to three is you are part of a gang

2941.143 imposes additional time if a school zone is involved

2941.144 imposes a six year firearm specification for an automatic weapon or using a silencer

2941.145 imposes a thee year firearm specification if you have a gun when committing a crime

2941.146 is about drive-by shooting five year specification

2941.1411 imposed two years for wearing body armor

2941.1412 imposes seven years for shooting at a peace officer or correctional officer

The issues

Are there multiple transactions?  If a gun was used to shoot at a car, and the car contained three people, is that three transactions?

Should the specifications run concurrent or consecutively? 

There are various other questions that must be researched.  Facts must be assertained and matched to the various sections of law.

The appeallate courts are changing this law often.

There are no easy answers.  All that can be said prior to discovery of the evidence is that there is a possible maximum sentence and that sentence might be extended by the above specifications.

Example

Let's say there is a spec for having a gun of one year.  Let's say there is a spec to shooting at a police officer of seven years.  Let's say that there were two officers.  The seven year spec must run concurrent to the other specs.  BUT!  The two officers means that there will be two seven year specs and they will run consecutively; they will run one after another for a total added time of fourteen years.

In reality, there will be a lot more specs than just those two.  There will probably also be a one year spec for having a gun, a three year spec for brandishing the gun and more if there was a car, body armor, school zone, etc.