The Client Review Rating score is determined through the aggregation of validated responses. (7) "Commercial motor vehicle" has the same meaning as in division (A) of section 4506.25 of the Revised Code. (c) The person owns the real property described in division (F)(2)(b) of this section, is the spouse or a child of another person who owns that real property, is a tenant of another person who owns that real property, or is the spouse or a child of a tenant of another person who owns that real property. Conspiracy, Attempt, and Complicity; Weapons Control; Corrupt Activity. court opinions. AV Preeminent: The highest peer rating standard. (d) The person, prior to arriving at the real property described in division (D)(3)(b) of this section, did not transport or possess a firearm in the motor vehicle in a manner prohibited by division (B) or (C) of this section while the motor vehicle was being operated on a street, highway, or other public or private property used by the public for vehicular traffic or parking. You should understand the court process, what the prosecution must prove, and the possible sentences. (b) The motor vehicle is on real property that is located in an unincorporated area of a township and that either is zoned for agriculture or is used for agriculture. (6) Divisions (B) and (C) of this section do not apply to a person if all of the following apply: (b) The person is on or in an all-purpose vehicle as defined in section 1531.01 of the Revised Code or a motor vehicle during the open hunting season for a wild quadruped or game bird. Chapter 2923: CONSPIRACY, ATTEMPT, AND COMPLICITY; WEAPONS CONTROL; CORRUPT ACTIVITY, View Previous Versions of the Ohio Revised Code. Justia Free Databases of US Laws, Codes & Statutes. Any individual who is an active duty member of the armed services of the United States, and licensed to carry a concealed, loaded handgun must inform law enforcement or the employee of the unit authorized to make a routine traffic stop, or for any other lawful purpose, of that individuals permission to carry a weapon, whether that person is the driver or occupant of a motor vehicle or commercial motor vehicle. Learn more about your rights by contacting Brian Joslyn, an experienced Ohio gun crime lawyer. court opinions. Charged with Improperly Handling Firearms in a Motor Vehicle? However, that statute can be violated in many ways because the statute has many prohibitions. 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. (c) The loaded handgun is securely encased by being stored in a closed glove compartment or vehicle console or in a case that is locked. A charge of Improperly Handling Firearms in a Motor Vehicle also involves a potential suspension of the drivers concealed handgun license. Mishandling a firearm in a vehicle under the influence of drugs or alcohol is either a fifth- or fourth-degree 1.Section 2923.16 | Improperly handling firearms in a motor vehicle. section 1531.01 of the Revised Code. If you have a concealed carry permit, you may lose it. A person accused of improperly carrying a firearm in a vehicle may defend on the same grounds which are specified in section 2923.12 as excusing the carrying of concealed weapons for defensive purposes. Member at firm Joslyn Criminal Defense Law Firm, Expungement or the sealing of records is available for misdemeanor charges in Ohio. (iii) The handgun is securely encased by being stored in a closed glove compartment or vehicle console or in a case that is locked. If a person is convicted of, was convicted of, pleads guilty to, or has pleaded guilty to a violation of division (B) or (C) of this section as the division existed prior to September 30, 2011, and if the conduct that was the basis of the violation no longer would be a violation of division (B) or (C) of this section on or after September 30, 2011, due to the application of division (F)(5) of this section as it exists on and after September 30, 2011, the person may file an application under section 2953.37 of the Revised Code requesting the expungement of the record of conviction. Updates may be slower during some times of the year, depending on the volume of enacted legislation. (A) No person shall knowingly discharge a firearm while in or on a motor vehicle. Attorneys that receive reviews from their peers, but not a sufficient number to establish a Martindale-Hubbell Peer Review Rating, will have those reviews display on our websites. Discharging firearms from a motor vehicle, or carrying loaded firearms in a motor vehicle, is a misdemeanor of the first degree. A violation of division (A) of this section is a felony of the fourth degree. (c) The person owns the real property described in division (D)(4)(b) of this section, is the spouse or a child of another person who owns that real property, is a tenant of another person who owns that real property, or is the spouse or a child of a tenant of another person who owns that real property. On March 19, 2021, Mayo appeared for arraignment and officer with probable cause to search a vehicle. (b) With respect to a firearm employing a percussion cap, flintlock, or other obsolete ignition system, when the weapon is uncapped or when the priming charge is removed from the pan. (B) No person shall knowingly transport or have a loaded firearm in a . of improperly handling firearms in a motor vehicle in violation of R.C. He was charged with Improperly Handling Firearms in a Motor Vehicle. Yesterday I was charged with Ohio State Code 2923.16 & 2933.12 which is Improper handling of a firearm while in a vehicle & carrying a concealed weapon. To make a long story short, I forgot to take (4)Tenant has the same meaning as in section 1531.01 of the Revised Code. Ohio for Improperly Handling Firearms in a Motor We have (b) No person shall knowingly transport or have a loaded firearm in a motor vehicle in such a manner that the firearm is accessible to the operator or any passenger without leaving the vehicle. of this site is subject to additional Also, section 2923.16 does not apply to authorized state and federal officers, agents, and employees and law enforcement officers acting in the scope of their duties. There is one Ohio statute which prohibits improperly handling firearms in a motor vehicle. However, that statute can be violated in many ways because the statute has many prohibitions. Below is a summary of the different types of charges and the corresponding penalties. Discharging Firearm. Subscribe to Justia's A violation of division (D) of this section is a felony of the fifth degree. (3) Agriculture has the same meaning as in section 519.01 of the Revised Code. In this situation, the driver faces two separate charges. The driver will then have two separate charges and will have to decide what to do: whether to contest the cases and whether to hire an Ohio lawyer for the charges of DUI / OVI and Improperly Handling Firearms in a Motor Vehicle. (d) The person does not discharge the firearm in any of the following manners: (i) While under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse; (ii) In the direction of a street, highway, or other public or private property used by the public for vehicular traffic or parking; (iii) At or into an occupied structure that is a permanent or temporary habitation; (iv) In the commission of any violation of law, including, but not limited to, a felony that includes, as an essential element, purposely or knowingly causing or attempting to cause the death of or physical harm to another and that was committed by discharging a firearm from a motor vehicle. (2) The person's whole blood, blood serum or plasma, breath, or urine contains a concentration of alcohol, a listed controlled substance, or a listed metabolite of a controlled substance prohibited for persons operating a vehicle, as specified in division (A) of section 4511.19 of the Revised Code, regardless of whether the person at the time of the transportation or possession as described in this division is the operator of or a passenger in the motor vehicle. (E) No person who has been issued a concealed handgun license or who is an active duty member of the armed forces of the United States and is carrying a valid military identification card and documentation of successful completion of firearms training that (c) The person owns the real property described in division (F)(4)(b) of this section, is the spouse or a child of another person who owns that real property, is a tenant of another person who owns that real property, or is the spouse or a child of a tenant of another person who owns that real property. (2) If division (I)(1) of this section does not apply, a felony of the fourth degree. Prior results do not guarantee a similar outcome and Martindale-Hubbell accepts no responsibility for the content or accuracy of any review. (c) Either the handgun is in a holster and in plain sight on the person's person or the handgun is securely encased by being stored in a closed, locked glove compartment or in a case that is in plain sight and that is locked. The charges are (4) Divisions (B) and (C) of this section do not apply to a person who transports or possesses a handgun in a motor vehicle if, at the time of that transportation or possession, all of the following apply: (a) The person transporting or possessing the handgun is carrying a valid license or temporary emergency license to carry a concealed handgun issued to the person under Disclaimer: These codes may not be the most recent version. ELIJAH PARRIS BROOKS was booked in Butler County, Ohio for IMPROPERLY HANDLING FIREARMS IN A MOTOR VEHICLE _. Booking Number: 23010360 Booking Date: (c) The person owns the real property described in division (D)(3)(b) of this section, is the spouse or a child of another person who owns that real property, is a tenant of another person who owns that real property, or is the spouse or a child of a tenant of another person who owns that real property. A: In Ohio, the crime of Improperly Handling Firearms generally is committed by transporting a firearm in an unlawful manner, discharging it from the vehicle, or possessing it in a motor vehicle while under the influence. Note that the core element of the offense is the knowing commission of it. (E) No person who has been issued a license or temporary emergency license to carry a concealed handgun under section 2923.125 or 2923.1213 of the Revised Code shall do any of the following: (1) Knowingly transport or have a loaded handgun in a motor vehicle unless one of the following applies: (a) The loaded handgun is in a holster on the persons person. The other charge, Improperly Handling Firearms in a Motor Vehicle, is a felony. Distinguished: An excellent rating for a lawyer with some experience. On March 19, 2021, Mayo appeared for arraignment and officer with probable Copyright 2023 MH Sub I, LLC dba Internet Brands. (6) "Unloaded" means, with respect to a firearm employing a percussion cap, flintlock, or other obsolete ignition system, when the weapon is uncapped or when the priming charge is removed from the pan. A violation of division (E)(4) of this section is a misdemeanor of the first degree or, if the offender previously has been convicted of or pleaded guilty to a violation of division (E)(4) of this section, a felony of the fifth degree. As the charges depend on proof of DUI / OVI, other pages of this website will be helpful, as they explain many aspects of DUI / OVI defense. Section 2923.16 - Improperly handling firearms in a motor vehicle (A) No person shall knowingly discharge a firearm while in or on a motor vehicle. Ohio may have more current or accurate information. More often than not, people are charged at the felony level. (C) No person shall knowingly transport or have a firearm in a motor vehicle, unless the person may lawfully possess that firearm under applicable law of this state or the United States, the firearm is unloaded, and the firearm is carried in one of the following ways: (2) In a compartment that can be reached only by leaving the vehicle; (3) In plain sight and secured in a rack or holder made for the purpose; (4) If the firearm is at least twenty-four inches in overall length as measured from the muzzle to the part of the stock furthest from the muzzle and if the barrel is at least eighteen inches in length, either in plain sight with the action open or the weapon stripped, or, if the firearm is of a type on which the action will not stay open or which cannot easily be stripped, in plain sight. (1) "Motor vehicle," "street," and "highway" have the same meanings as in section 4511.01 of the Revised Code. 10/16/2009. (6) Commercial motor vehicle has the same meaning as in division (A) of section 4506.25 of the Revised Code. In other instances, the charges are filed separately, in different courts, as two separate cases. Criminal Law, Weapons Charges, An Overview of ORC 2923.16 (A-F (1)(a-b). If a firearm is transported in a motor vehicle in compliance with this section, then under 2923.12(B)(4) the person transporting it cannot be guilty of carrying concealed weapons, even though the firearm is out of sight and, technically at least, concealed. 2923.16. (E) No person who has been issued a concealed handgun license or who is an active duty member of the armed forces of the United States and is carrying a valid military identification card and documentation of successful completion of firearms training that meets or exceeds the training requirements described in division (G)(1) of section 2923.125 of the Revised Code, who is the driver or an occupant of a motor vehicle that is stopped as a result of a traffic stop or a stop for another law enforcement purpose or is the driver or an occupant of a commercial motor vehicle that is stopped by an employee of the motor carrier enforcement unit for the purposes defined in section 5503.34 of the Revised Code, and who is transporting or has a loaded handgun in the motor vehicle or commercial motor vehicle in any manner, shall do any of the following: (1) Before or at the time a law enforcement officer asks if the person is carrying a concealed handgun, knowingly fail to disclose that the person then possesses or has a loaded handgun in the motor vehicle, provided that it is not a violation of this division if the person fails to disclose that fact to an officer during the stop and the person already has notified another officer of that fact during the same stop; (2) Before or at the time an employee of the motor carrier enforcement unit asks if the person is carrying a concealed handgun, knowingly fail to disclose that the person then possesses or has a loaded handgun in the commercial motor vehicle, provided that it is not a violation of this division if the person fails to disclose that fact to an employee of the unit during the stop and the person already has notified another employee of the unit of that fact during the same stop; (3) Knowingly fail to remain in the motor vehicle while stopped or knowingly fail to keep the person's hands in plain sight at any time after any law enforcement officer begins approaching the person while stopped and before the law enforcement officer leaves, unless the failure is pursuant to and in accordance with directions given by a law enforcement officer; (4) Knowingly have contact with the loaded handgun by touching it with the person's hands or fingers in the motor vehicle at any time after the law enforcement officer begins approaching and before the law enforcement officer leaves, unless the person has contact with the loaded handgun pursuant to and in accordance with directions given by the law enforcement officer; (5) Knowingly disregard or fail to comply with any lawful order of any law enforcement officer given while the motor vehicle is stopped, including, but not limited to, a specific order to the person to keep the person's hands in plain sight. Discharging a firearm in a vehicle is a fourth-degree felony. Mishandling a firearm in a vehicle under the influence of drugs or alcohol is either a fifth- or fourth-degree felony. Improper transport of a firearm in a vehicle is a fourth-degree misdemeanor. Learn more about your rights by contacting Brian Joslyn, an experienced Ohio gun crime lawyer. One of those charges, DUI / OVI, is a misdemeanor. This recognizes that removing the ball and main charges from a muzzle-loader without firing it is both difficult and dangerous. Descriptions: (A) No person shall knowingly discharge a firearm while in or on a motor vehicle. Booking Number: KFJ25MW01142023. Common Violations of Firearms Handling in Motor Vehicle. Violation of division (A) of this section is a felony of the fourth degree. I paid a fine, saw", Top 10 Criminal Defense Attorneys Under 40 In Ohio, OVI / DUI Test Refusal With Prior Conviction, OVI / DUI Investigations Part 1: The Stop And Arrest, OVI / DUI Investigations Part 2: After The Arrest, OVI / DUI - Communities Served by the Dominy Law Firm, The driver was under the influence of alcohol and/or drugs at the time of possessing or transporting the loaded firearm; or. Violation of division (C) of this section is a misdemeanor of the fourth degree. The officer then typically administers field sobriety tests which may result in the drivers arrest for DUI (referred to as OVI in Ohio). One of those charges, DUI / OVI, is a misdemeanor. John Yerian may have been arrested in or around Licking, Ohio on or around 9/28/2021. Free Newsletters (2) "Occupied structure" has the same meaning as in section 2909.01 of the Revised Code. When a driver in Ohio has contact with a law enforcement officer, the interaction between the officer and the driver may lead the officer to suspect the driver is under the influence of alcohol and/or drugs. We also have effective strategies for defending clients against these charges. section 2923.125 [2923.12.5] or 2923.1213 [2923.12.13] of the Revised Code shall do any of the following: (1) Knowingly transport or have a loaded handgun in a motor vehicle unless the loaded handgun either is in a holster and in plain sight on the person's person or it is securely encased by being stored in a closed, locked glove compartment or in a case that is in plain sight and that is locked; (2) If the person is transporting or has a loaded handgun in a motor vehicle in a manner authorized under division (E)(1) of this section, knowingly remove or attempt to remove the loaded handgun from the holster, glove compartment, or case, knowingly grasp or hold the loaded handgun, or knowingly have contact with the loaded handgun by touching it with the person's hands or fingers while the motor vehicle is being operated on a street, highway, or public property unless the person removes, attempts to remove, grasps, holds, or has the contact with the loaded handgun pursuant to and in accordance with directions given by a law enforcement officer; (3) If the person is the driver or an occupant of a motor vehicle that is stopped as a result of a traffic stop or a stop for another law enforcement purpose and if the person is transporting or has a loaded handgun in the motor vehicle in any manner, fail to promptly inform any law enforcement officer who approaches the vehicle while stopped that the person has been issued a license or temporary emergency license to carry a concealed handgun and that the person then possesses or has a loaded handgun in the motor vehicle. Ohio may have more current or accurate information. (1) "Motor vehicle," "street," and "highway" have the same meanings as in The potential sentence includes incarceration for up to 12 months, a fine up to $2,500, and probation (also called community control) for up to five years. 627.05 Improperly Handling Firearms in a Motor Vehicle (a) No person shall knowingly transport or have a firearm in a motor vehicle, unless the person may lawfully possess that firearm under applicable law of this state or the United States, the firearm is unloaded, and the firearm is carried in one (1) of the following ways: Tiyonna D. Kennebrew-McKeithen, 23, of Fairborn: two counts of improper handling of firearms in a motor vehicle, operating a motor vehicle while under the influence of alcohol 9, HB 1, 101.01, eff. If the loaded handgun was in the vehicle but not concealed on the drivers person, this type of Improperly Handling Firearms in a Motor Vehicle is categorized as a fifth-degree felony. - Legal Research Ohio Revised Code 2923.16 - Improperly Handling Firearms In A Motor Vehicle. (D) No person shall knowingly transport or have a loaded handgun in a motor vehicle if, at the time of that transportation or possession, any of the following applies: (1) The person is under the influence of alcohol, a drug of abuse, or a combination of them. (b) The person transporting or possessing the handgun is not knowingly in a place described in division (B) of section 2923.126 of the Revised Code. (2)Occupied structure has the same meaning as in section 2909.01 of the Revised Code. Ohio Revised Code 2923.16 - Improperly Handling Firearms In A Motor Vehicle. (c) The person discharges a firearm from a stationary all-purpose vehicle as defined in section 1531.01 of the Revised Code from private or publicly owned lands or from a motor vehicle that is parked on a road that is owned or administered by the division of wildlife. (A) No person shall knowingly discharge a firearm while in or on a motor vehicle. Do Not Sell or Share My Personal Information. (a) No person shall knowingly discharge a firearm while in or on a motor vehicle. (2) If division (I)(1) of this section does not apply, a felony of the fourth degree. Details for individual reviews received before 2009 are not displayed. (5) Divisions (B) and (C) of this section do not apply to a person who transports or possesses a handgun in a motor vehicle if, at the time of that transportation or possession, all of the following apply: (a) The person transporting or possessing the handgun is carrying a valid license or temporary emergency license to carry a concealed handgun issued to the person under section 2923.125 or 2923.1213 of the Revised Code or a license to carry a concealed handgun that was issued by another state with which the attorney general has entered into a reciprocity agreement under section 109.69 of the Revised Code. Martindale-Hubbell Peer Review Ratings are the gold standard in attorney ratings, and have been for more than a century. section 4511.01 of the Revised Code. section 519.01 of the Revised Code. A person who has been issued a concealed handgun license that is valid at the time in question may have one or more magazines or speed loaders containing ammunition anywhere in a vehicle without further restriction, as long as no ammunition is in a firearm, other than a handgun, in the vehicle other than as permitted under any provision of this chapter. A violation of division (E)(4) or (6) of this section is a misdemeanor of the first degree or, if the offender previously has been convicted of or pleaded guilty to a violation of division (E)(4) or (6) of this section, a felony of the fifth degree. (A) No person shall (H) No person who is charged with a violation of division (B), (C), or (D) of this section shall be required to obtain a license or temporary emergency license to carry a concealed handgun under (G)(1) The affirmative defenses authorized in divisions (D)(1) and (2) of section 2923.12 of the Revised Code are affirmative defenses to a charge under division (B) or (C) of this section that involves a firearm other than a handgun. Eff 12-31-97; 150 v H 12, 1, eff. Such a firearm must be twenty-four inches in overall length, as measured from the muzzle to the part of the stock furthest from the muzzle and if the barrel is at least eighteen inches in length, either in plain sight with the action open or the weapon stripped, or, if the firearm is of a type on which the action will not stay open or which cannot easily be stripped, in plain sight. Please check official sources. For example, under former law, a hunter could not place his shotgun in a case inside his car, since it was then a concealed weapon. People who submit reviews are either individuals who consulted with the lawyer/law firm or who hired the lawyer/law firm and want to share their experience of that lawyer or law firm with other potential clients. This law is complicated, and there are many different ways a person can end-up charged with this offense. section 109.69 of the Revised Code. In comparison to men, women are at a greater risk. 2923.16 Improperly handling firearms in a motor vehicle. 2923.16(B), a fourth-degree felony. For additional DUI / OVI convictions within ten years, the penalties increase. Exemptions Apply For the Following Individuals: How Long Does a Misdemeanor Stay on Your Record in Ohio? Shawn got it reduced to persistent disorderly conduct. If at the time of the stop of the offender for a traffic stop, for another law enforcement purpose, or for a purpose defined in section 5503.34 of the Revised Code that was the basis of the violation any law enforcement officer involved with the stop or the employee of the motor carrier enforcement unit who made the stop had actual knowledge of the offenders status as a licensee, a violation of division (E)(3) of this section is a minor misdemeanor, and the offenders license or temporary emergency license to carry a concealed handgun shall not be suspended pursuant to division (A)(2) of section 2923.128 of the Revised Code. The proof required for DUI / OVI cases is explained thoroughly in other pages of this website. A person convicted of a felony for driving under the influence may lose their right to vote, receive government assistance, Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. For the purposes of division (K)(5)(a) of this section, ammunition held in stripper-clips or in en-bloc clips is not considered ammunition that is loaded into a magazine or speed loader. section 2923.125 [2923.12.5] or 2923.1213 [2923.12.13] of the Revised Code or a license to carry a concealed handgun that was issued by another state with which the attorney general has entered into a reciprocity agreement under listings on the site are paid attorney advertisements. (2) It is an affirmative defense to a charge under division (B) or (C) of this section of improperly handling firearms in a motor vehicle that the actor transported or had the firearm in the motor vehicle for any lawful purpose and while the motor vehicle was on the actor's own property, provided that this affirmative defense is not available unless the person, prior to arriving at the actor's own property, did not transport or possess the firearm in a motor vehicle in a manner prohibited by division (B) or (C) of this section while the motor vehicle was being operated on a street, highway, or other public or private property used by the public for vehicular traffic. The possible sentence Source :https://www.dominylaw.com/improperly-handling-firearms-in-ohio.html 9.Improper Handling of a Firearm Columbus and Ohio Attorney Author:www.shroylaw.com Publish:29 days ago Ohio Revised Code / Title 29 Crimes-Procedure / Chapter 2923 Conspiracy, Attempt, and Complicity; Weapons (L) Divisions (K)(5)(a) and (b) of this section do not affect the authority of a person who has been issued a concealed handgun license that is valid at the time in question to have one or more magazines or speed loaders containing ammunition anywhere in a vehicle, without being transported as described in those divisions, as long as no ammunition is in a firearm, other than a handgun, in the vehicle other than as permitted under any other provision of this chapter. (2) If the person is transporting or has a loaded handgun in a motor vehicle in a manner authorized under division (E)(1) of this section, knowingly remove or attempt to remove the loaded handgun from the holster, case, bag, box, container, or glove compartment, knowingly grasp or hold the loaded handgun, or knowingly have contact with the loaded handgun by touching it with the persons hands or fingers while the motor vehicle is being operated on a street, highway, or public property unless the person removes, attempts to remove, grasps, holds, or has the contact with the loaded handgun pursuant to and in accordance with directions given by a law enforcement officer; (3) If the person is the driver or an occupant of a motor vehicle that is stopped as a result of a traffic stop or a stop for another law enforcement purpose or is the driver or an occupant of a commercial motor vehicle that is stopped by an employee of the motor carrier enforcement unit for the purposes defined in section 5503.34 of the Revised Code, and if the person is transporting or has a loaded handgun in the motor vehicle or commercial motor vehicle in any manner, fail to do any of the following that is applicable: (a) If the person is the driver or an occupant of a motor vehicle stopped as a result of a traffic stop or a stop for another law enforcement purpose, fail to promptly inform any law enforcement officer who approaches the vehicle while stopped that the person has been issued a license or temporary emergency license to carry a concealed handgun and that the person then possesses or has a loaded handgun in the motor vehicle; (b) If the person is the driver or an occupant of a commercial motor vehicle stopped by an employee of the motor carrier enforcement unit for any of the defined purposes, fail to promptly inform the employee of the unit who approaches the vehicle while stopped that the person has been issued a license or temporary emergency license to carry a concealed handgun and that the person then possesses or has a loaded handgun in the commercial motor vehicle. (7) Nothing in this section prohibits or restricts a person from possessing, storing, or leaving a firearm in a locked motor vehicle that is parked in the state underground parking garage at the state capitol building or in the parking garage at the Riffe center for government and the arts in Columbus, if the person's transportation and possession of the firearm in the motor vehicle while traveling to the premises or facility was not in violation of division (A), (B), (C), (D), or (E) of this section or any other provision of the Revised Code. If a court orders a law enforcement officer to return a firearm to a person pursuant to the requirement set forth in this division, division (B) of section 2923.163 of the Revised Code applies. (c) The person owns the real property described in division (F)(2)(b) of this section, is the spouse or a child of another person who owns that real property, is a tenant of another person who owns that real property, or is the spouse or a child of a tenant of another person who owns that real property. A violation of division (B) of this section is whichever of the following is applicable: (1) If, at the time of the transportation or possession in violation of division (B) of this section, the offender was carrying a valid license or temporary emergency license to carry a concealed handgun issued to the offender under Contact our Wilmot Improper Handling of Firearm Law Firm to discuss the facts surrounding your charge for improper handling. A violation of division (D) of this section is a felony of the fifth degree or, if the loaded handgun is concealed on the persons person, a felony of the fourth degree. 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