Ohio Rev. Code » Chapter 2923
Ohio Revised Code

Ohio Rev. Code § 2923.13 (2026)

Having weapons while under disability

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Effective:
April 6, 2023
Latest Legislation:
House Bill 281 - 134th General Assembly
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(A) Unless relieved from disability under operation of law or legal process, no person shall knowingly acquire, have, carry, or use any firearm or dangerous ordnance, if any of the following apply:

(1) The person is a fugitive from justice.

(2) The person is under indictment for or has been convicted of any felony offense of violence or has been adjudicated a delinquent child for the commission of an offense that, if committed by an adult, would have been a felony offense of violence.

(3) The person is under indictment for or has been convicted of any felony offense involving the illegal possession, use, sale, administration, distribution, or trafficking in any drug of abuse or has been adjudicated a delinquent child for the commission of an offense that, if committed by an adult, would have been a felony offense involving the illegal possession, use, sale, administration, distribution, or trafficking in any drug of abuse.

(4) The person has a drug dependency, is in danger of drug dependence, or has chronic alcoholism.

(5) The person is under adjudication of mental incompetence, has been committed to a mental institution, has been found by a court to be a person with a mental illness subject to court order, or is an involuntary patient other than one who is a patient only for purposes of observation. As used in this division, "person with a mental illness subject to court order" and "patient" have the same meanings as in section 5122.01 of the Revised Code.

(B) Whoever violates this section is guilty of having weapons while under disability, a felony of the third degree.

(C) For the purposes of this section, "under operation of law or legal process" shall not itself include mere completion, termination, or expiration of a sentence imposed as a result of a criminal conviction.

Last updated March 13, 2023 at 3:38 PM

Notes of Decisions
Cited in 2,160 cases (897 in the last 5 years), 1969–2026 · leading case: State v. Creech (Slip Opinion), 2016-Ohio-8440, 150 Ohio St. 3d 540.
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State v. Creech (Slip Opinion), 2016-Ohio-8440, 150 Ohio St. 3d 540. · cites it 33× “403—In a case alleging violation of R.C. 2923.13, when name or nature of prior conviction or indictment raises risk of jury verdict influenced by improper considerations, a trial court abuses its discretion when it refuses defendant’s offer to stipulate to fact of prior…”
State v. Carnes (Slip Opinion), 2018-Ohio-3256, 116 N.E.3d 138. · cites it 35× “) {¶ 9} By contrast, R.C. 2923.13, the weapons-under-disability statute, lists several discrete, alternative disability conditions, including but not limited to certain juvenile adjudications and adult convictions.”
State v. Brown, 2017-Ohio-7134, 95 N.E.3d 962. · cites it 56× “12, a third- degree felony; and one count of having a weapon while under disability in violation of R.C. 2923.13, a third-degree felony. The aggravated robbery charge contained an No.”
State v. Thacker, 2024-Ohio-5835, 261 N.E.3d 977. · cites it 60× “The provision under which Thacker was charged, R.C. 2923.13.(A)(3) (drug felonies) and the provision disarming those convicted of (or adjudicated delinquent for) violent felonies, R.”
State v. Johnson, 2010-Ohio-6301, 128 Ohio St. 3d 107. · cites it 38× “{¶ a} R.C. 2923.13 provides: {¶ b} “(A) Unless relieved from disability as provided in section 2923.”
State v. Philpotts, 2019-Ohio-2911, 132 N.E.3d 743. · cites it 39× “R.C. 2923.13: Weapons-While-Under-Disability Statute R.”
State v. Williams, 2017-Ohio-5598, 93 N.E.3d 449. · cites it 24× “{¶ 23} The fifth count of the indictment charged appellant with having a weapon under disability, in violation of R.C. 2923.13, asserting that appellant knowingly acquired, had, carried, or used a firearm, and that he had been adjudicated a delinquent child for an offense that,…”
State v. Buttery (Slip Opinion), 2020-Ohio-2998, 164 N.E.3d 294. · cites it 15× “13, the weapons- under-disability statute, did not equate a juvenile adjudication with an adult conviction but instead considered a juvenile adjudication itself as one of several discrete conditions that prevented a person from legally possessing a firearm.”
State v. Elliott, 2022-Ohio-3778, 199 N.E.3d 944. · cites it 21× “141(A); one count of having weapons while under disability in violation of R.C. 2923.13(A)(3), a felony of the third degree; one count of menacing by stalking in violation of R.”
State v. Spaulding (Slip Opinion), 2016-Ohio-8126. · cites it 6× “To return a guilty verdict on Count 5, the jury had to find that Spaulding was “under indictment for or ha[d] been convicted of any felony offense involving the illegal possession, use, sale, administration, distribution, or trafficking in any drug of abuse.”
State v. Jenkins, 2024-Ohio-1094, 238 N.E.3d 992. · cites it 21× “13(A)(3), prohibits gun Licking County, Case No. 2023 CA 00058 10 possession by a person convicted of a felony drug offense, it does prohibit possession of a firearm by a person who has been convicted of a crime punishable by more than a year in prison, and also prohibits…”
State v. Boyer, 2017-Ohio-4199, 92 N.E.3d 213. · cites it 18× “Under R.C. 2923.13(A), a person is deemed to be under a legal disability if: a.”
Show all 2,160 citing cases →
Ohio Rev. Code § 2923.13(A): 124 cases
State v. Creech (Slip Opinion), 2016-Ohio-8440, 150 Ohio St. 3d 540. “403—In a case alleging violation of R.C. 2923.13, when name or nature of prior conviction or indictment raises risk of jury verdict influenced by improper considerations, a trial court abuses its discretion when it refuses defendant’s offer to stipulate to fact of prior…”
State v. T.J.D., 2020-Ohio-3745, 156 N.E.3d 322.
State v. Spaulding (Slip Opinion), 2016-Ohio-8126. “To return a guilty verdict on Count 5, the jury had to find that Spaulding was “under indictment for or ha[d] been convicted of any felony offense involving the illegal possession, use, sale, administration, distribution, or trafficking in any drug of abuse.”
State v. Boyer, 2017-Ohio-4199, 92 N.E.3d 213. “Under R.C. 2923.13(A), a person is deemed to be under a legal disability if: a.”
State v. Carnes (Slip Opinion), 2018-Ohio-3256, 116 N.E.3d 138. “) {¶ 9} By contrast, R.C. 2923.13, the weapons-under-disability statute, lists several discrete, alternative disability conditions, including but not limited to certain juvenile adjudications and adult convictions.”
Ohio Rev. Code § 2923.13(A)(1): 64 cases
State v. Mingo, 2024-Ohio-543.
State v. Buttery (Slip Opinion), 2020-Ohio-2998, 164 N.E.3d 294. “13, the weapons- under-disability statute, did not equate a juvenile adjudication with an adult conviction but instead considered a juvenile adjudication itself as one of several discrete conditions that prevented a person from legally possessing a firearm.”
State v. Beasley, 108 N.E.3d 1028 (Ohio 2018).
State v. Cherry, 870 N.E.2d 808 (Ohio Ct. App. 2d Dist. 2007).
State v. Parker, 2023-Ohio-2127.
Ohio Rev. Code § 2923.13(A)(1)(2): 1 case
State v. Wainwright, 2020-Ohio-623.
Ohio Rev. Code § 2923.13(A)(1)(B): 1 case
State v. Byrd, 2024-Ohio-2134.
Ohio Rev. Code § 2923.13(A)(2): 922 cases
State v. Brown, 2017-Ohio-7134, 95 N.E.3d 962. “12, a third- degree felony; and one count of having a weapon while under disability in violation of R.C. 2923.13, a third-degree felony. The aggravated robbery charge contained an No.”
State v. Philpotts, 2019-Ohio-2911, 132 N.E.3d 743. “R.C. 2923.13: Weapons-While-Under-Disability Statute R.”
State v. Williams, 2017-Ohio-5598, 93 N.E.3d 449. “{¶ 23} The fifth count of the indictment charged appellant with having a weapon under disability, in violation of R.C. 2923.13, asserting that appellant knowingly acquired, had, carried, or used a firearm, and that he had been adjudicated a delinquent child for an offense that,…”
State v. Carnes (Slip Opinion), 2018-Ohio-3256, 116 N.E.3d 138. “) {¶ 9} By contrast, R.C. 2923.13, the weapons-under-disability statute, lists several discrete, alternative disability conditions, including but not limited to certain juvenile adjudications and adult convictions.”
State v. Buttery (Slip Opinion), 2020-Ohio-2998, 164 N.E.3d 294. “13, the weapons- under-disability statute, did not equate a juvenile adjudication with an adult conviction but instead considered a juvenile adjudication itself as one of several discrete conditions that prevented a person from legally possessing a firearm.”
Ohio Rev. Code § 2923.13(A)(2)(3): 4 cases
State v. Knight, 2024-Ohio-2176, 245 N.E.3d 859.
State v. Rivers, 2023-Ohio-3533, 225 N.E.3d 1110.
State v. Desarro, 2020-Ohio-6815.
State v. Williams, 2024-Ohio-3180.
Ohio Rev. Code § 2923.13(A)(2)(3)(B): 1 case
State v. Richardson, 2024-Ohio-2702.
Ohio Rev. Code § 2923.13(A)(2)(B): 29 cases
State v. Hudson, 2022-Ohio-1435, 203 N.E.3d 658.
State v. Williams, 2015-Ohio-4100.
State v. Bellard, 2013-Ohio-2956.
State v. Phillips, 2017-Ohio-7107.
State v. Simons, 2013-Ohio-3654.
Ohio Rev. Code § 2923.13(A)(2)(b): 4 cases
State v. Everson, 2016-Ohio-87.
State v. Ropp, 2018-Ohio-3815.
State v. Hudson, 2020-Ohio-3577.
State v. Everson, 2025-Ohio-2628.
Ohio Rev. Code § 2923.13(A)(23): 1 case
State v. Richardson, 2024-Ohio-2702.
Ohio Rev. Code § 2923.13(A)(3): 729 cases
State v. Johnson, 2010-Ohio-6301, 128 Ohio St. 3d 107. “{¶ a} R.C. 2923.13 provides: {¶ b} “(A) Unless relieved from disability as provided in section 2923.”
State v. Elliott, 2022-Ohio-3778, 199 N.E.3d 944. “141(A); one count of having weapons while under disability in violation of R.C. 2923.13(A)(3), a felony of the third degree; one count of menacing by stalking in violation of R.”
State v. Thacker, 2024-Ohio-5835, 261 N.E.3d 977. “The provision under which Thacker was charged, R.C. 2923.13.(A)(3) (drug felonies) and the provision disarming those convicted of (or adjudicated delinquent for) violent felonies, R.”
State v. Creech (Slip Opinion), 2016-Ohio-8440, 150 Ohio St. 3d 540. “403—In a case alleging violation of R.C. 2923.13, when name or nature of prior conviction or indictment raises risk of jury verdict influenced by improper considerations, a trial court abuses its discretion when it refuses defendant’s offer to stipulate to fact of prior…”
State v. Jenkins, 2024-Ohio-1094, 238 N.E.3d 992. “13(A)(3), prohibits gun Licking County, Case No. 2023 CA 00058 10 possession by a person convicted of a felony drug offense, it does prohibit possession of a firearm by a person who has been convicted of a crime punishable by more than a year in prison, and also prohibits…”
Ohio Rev. Code § 2923.13(A)(3)(8): 1 case
Ray v. May, No. 4:24-cv-00264 (N.D. Ohio Sept. 3, 2025).
Ohio Rev. Code § 2923.13(A)(3)(B): 23 cases
State v. Watson, 2023-Ohio-3137.
State v. Dixon, 2013-Ohio-2951.
State v. Brown, 2023-Ohio-3906.
State v. Caulton, 2011-Ohio-6636.
State v. Edmonds, 2018-Ohio-2832, 117 N.E.3d 83.
Ohio Rev. Code § 2923.13(A)(3)(c): 1 case
State v. Sayles, 2025-Ohio-290.
Ohio Rev. Code § 2923.13(A)(4): 31 cases
State v. Alexander, 2013-Ohio-1913.
State v. Tomlin, 590 N.E.2d 1253 (Ohio 1992).
State v. Semenchuk, 701 N.E.2d 19 (Ohio Ct. App. 8th Dist. 1997).
United States v. Yancey, 621 F.3d 681 (7th Cir. 2010).
State v. Smith, 2023-Ohio-3015, 223 N.E.3d 919.
Ohio Rev. Code § 2923.13(A)(5): 5 cases
State v. Leet, 2021-Ohio-1334, 171 N.E.3d 835.
Ciotto v. Hinkle, 2019-Ohio-3809, 145 N.E.3d 1013.
State v. Geddes, 2021-Ohio-4115.
State v. Cunningham, 2025-Ohio-1068, 265 N.E.3d 244.
State v. Fligiel, 2025-Ohio-5694.
Ohio Rev. Code § 2923.13(A)(5)(B): 1 case
State v. Fligiel, 2025-Ohio-5694.
Ohio Rev. Code § 2923.13(B): 33 cases
State v. Barton, 844 N.E.2d 307 (Ohio 2006).
State v. Carnes (Slip Opinion), 2018-Ohio-3256, 116 N.E.3d 138. “) {¶ 9} By contrast, R.C. 2923.13, the weapons-under-disability statute, lists several discrete, alternative disability conditions, including but not limited to certain juvenile adjudications and adult convictions.”
State v. Feagin, 2025-Ohio-665.
State v. Bennett, 2014-Ohio-160.
State v. Stallworth, 2011-Ohio-4492.
Ohio Rev. Code § 2923.13(B)(1): 1 case
State v. Wainwright, 2023-Ohio-399.
Ohio Rev. Code § 2923.13(B)(1)(a): 1 case
State v. Taylor, 2014-Ohio-2821.
Ohio Rev. Code § 2923.13(B)(1)(b): 1 case
State v. Bailey, 2014-Ohio-3749.
Ohio Rev. Code § 2923.13(B)(2): 1 case
State v. Smith, 2021-Ohio-2866.
Ohio Rev. Code § 2923.13(C): 3 cases
State v. Smith, 2015-Ohio-4225.
State v. T.J.D., 2020-Ohio-3745, 156 N.E.3d 322.
State v. Gresham, 2011-Ohio-2519.
Ohio Rev. Code § 2923.13(D): 1 case
State v. Scovil, 713 N.E.2d 452 (Ohio Ct. App. 8th Dist. 1998).
Ohio Rev. Code § 2923.13(D)(1): 2 cases
State v. Montez, 2022-Ohio-640.
State v. Cooks, 2015-Ohio-3380.
Ohio Rev. Code § 2923.13(D)(2): 1 case
State v. White, 2026-Ohio-2210.
Ohio Rev. Code § 2923.13(F)(6): 1 case
State v. Maurer, 2019-Ohio-2388.
Ohio Rev. Code § 2923.13(F)(8): 1 case
Burns v. Adams, 2014-Ohio-1917.
Ohio Rev. Code § 2923.13(a)(3): 1 case
State v. Mosley, 849 N.E.2d 73 (Ohio Ct. App. 5th Dist. 2006).
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