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Ohio Revised Code

Ohio Rev. Code § 2923.13 (2026)

Having weapons while under disability

✓ current as of May 2026
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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 (Ohio 2016).
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State v. Creech (Slip Opinion), 2016 Ohio 8440 (Ohio 2016). · 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 (Ohio 2018). · 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 (Ohio Ct. App. 2017). · 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 (Ohio Ct. App. 2024). · 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 (Ohio 2010). · 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 (Ohio Ct. App. 2019). · cites it 39× “R.C. 2923.13: Weapons-While-Under-Disability Statute R.”
State v. Williams, 2017 Ohio 5598 (Ohio Ct. App. 2017). · 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 (Ohio 2020). · 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 (Ohio Ct. App. 2022). · 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 (Ohio 2016). · 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 (Ohio Ct. App. 2024). · 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 (Ohio Ct. App. 2017). · 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 (Ohio 2016). “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 (Ohio Ct. App. 2020).
State v. Spaulding (Slip Opinion), 2016 Ohio 8126 (Ohio 2016). “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 (Ohio Ct. App. 2017). “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 (Ohio 2018). “) {¶ 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 (Ohio Ct. App. 2024).
State v. Buttery (Slip Opinion), 2020 Ohio 2998 (Ohio 2020). “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. 2007).
State v. Parker, 2023 Ohio 2127 (Ohio Ct. App. 2023).
— Ohio Rev. Code § 2923.13(A)(1)(2) — 1 case
State v. Wainwright, 2020 Ohio 623 (Ohio Ct. App. 2020).
— Ohio Rev. Code § 2923.13(A)(1)(B) — 1 case
State v. Byrd, 2024 Ohio 2134 (Ohio Ct. App. 2024).
— Ohio Rev. Code § 2923.13(A)(2) — 922 cases
State v. Brown, 2017 Ohio 7134 (Ohio Ct. App. 2017). “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 (Ohio Ct. App. 2019). “R.C. 2923.13: Weapons-While-Under-Disability Statute R.”
State v. Williams, 2017 Ohio 5598 (Ohio Ct. App. 2017). “{¶ 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 (Ohio 2018). “) {¶ 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 (Ohio 2020). “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 (Ohio Ct. App. 2024).
State v. Rivers, 2023 Ohio 3533 (Ohio Ct. App. 2023).
State v. Desarro, 2020 Ohio 6815 (Ohio Ct. App. 2020).
State v. Williams, 2024 Ohio 3180 (Ohio Ct. App. 2024).
— Ohio Rev. Code § 2923.13(A)(2)(3)(B) — 1 case
State v. Richardson, 2024 Ohio 2702 (Ohio Ct. App. 2024).
— Ohio Rev. Code § 2923.13(A)(2)(B) — 29 cases
State v. Hudson, 2022 Ohio 1435 (Ohio 2022).
State v. Williams, 2015 Ohio 4100 (Ohio Ct. App. 2015).
State v. Bellard, 2013 Ohio 2956 (Ohio Ct. App. 2013).
State v. Phillips, 2017 Ohio 7107 (Ohio Ct. App. 2017).
State v. Simons, 2013 Ohio 3654 (Ohio Ct. App. 2013).
— Ohio Rev. Code § 2923.13(A)(2)(b) — 4 cases
State v. Everson, 2016 Ohio 87 (Ohio Ct. App. 2016).
State v. Ropp, 2018 Ohio 3815 (Ohio Ct. App. 2018).
State v. Hudson, 2020 Ohio 3577 (Ohio Ct. App. 2020).
State v. Everson, 2025 Ohio 2628 (Ohio Ct. App. 2025).
— Ohio Rev. Code § 2923.13(A)(23) — 1 case
State v. Richardson, 2024 Ohio 2702 (Ohio Ct. App. 2024).
— Ohio Rev. Code § 2923.13(A)(3) — 729 cases
State v. Johnson, 2010 Ohio 6301 (Ohio 2010). “{¶ a} R.C. 2923.13 provides: {¶ b} “(A) Unless relieved from disability as provided in section 2923.”
State v. Elliott, 2022 Ohio 3778 (Ohio Ct. App. 2022). “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 (Ohio Ct. App. 2024). “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 (Ohio 2016). “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 (Ohio Ct. App. 2024). “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 (N.D. Ohio 2025).
— Ohio Rev. Code § 2923.13(A)(3)(B) — 23 cases
State v. Watson, 2023 Ohio 3137 (Ohio Ct. App. 2023).
State v. Dixon, 2013 Ohio 2951 (Ohio Ct. App. 2013).
State v. Brown, 2023 Ohio 3906 (Ohio Ct. App. 2023).
State v. Caulton, 2011 Ohio 6636 (Ohio Ct. App. 2011).
State v. Edmonds, 2018 Ohio 2832 (Ohio Ct. App. 2018).
— Ohio Rev. Code § 2923.13(A)(3)(c) — 1 case
State v. Sayles, 2025 Ohio 290 (Ohio Ct. App. 2025).
— Ohio Rev. Code § 2923.13(A)(4) — 31 cases
State v. Alexander, 2013 Ohio 1913 (Ohio Ct. App. 2013).
State v. Tomlin, 590 N.E.2d 1253 (Ohio 1992).
State v. Semenchuk, 701 N.E.2d 19 (Ohio Ct. App. 1997).
United States v. Yancey, 621 F.3d 681 (7th Cir. 2010).
State v. Smith, 2023 Ohio 3015 (Ohio Ct. App. 2023).
— Ohio Rev. Code § 2923.13(A)(5) — 5 cases
State v. Leet, 2021 Ohio 1334 (Ohio Ct. App. 2021).
Ciotto v. Hinkle, 2019 Ohio 3809 (Ohio Ct. App. 2019).
State v. Geddes, 2021 Ohio 4115 (Ohio Ct. App. 2021).
State v. Cunningham, 2025 Ohio 1068 (Ohio Ct. App. 2025).
State v. Fligiel, 2025 Ohio 5694 (Ohio Ct. App. 2025).
— Ohio Rev. Code § 2923.13(A)(5)(B) — 1 case
State v. Fligiel, 2025 Ohio 5694 (Ohio Ct. App. 2025).
— 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 (Ohio 2018). “) {¶ 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 (Ohio Ct. App. 2025).
State v. Bennett, 2014 Ohio 160 (Ohio Ct. App. 2014).
State v. Stallworth, 2011 Ohio 4492 (Ohio Ct. App. 2011).
— Ohio Rev. Code § 2923.13(B)(1) — 1 case
State v. Wainwright, 2023 Ohio 399 (Ohio Ct. App. 2023).
— Ohio Rev. Code § 2923.13(B)(1)(a) — 1 case
State v. Taylor, 2014 Ohio 2821 (Ohio Ct. App. 2014).
— Ohio Rev. Code § 2923.13(B)(1)(b) — 1 case
State v. Bailey, 2014 Ohio 3749 (Ohio Ct. App. 2014).
— Ohio Rev. Code § 2923.13(B)(2) — 1 case
State v. Smith, 2021 Ohio 2866 (Ohio Ct. App. 2021).
— Ohio Rev. Code § 2923.13(C) — 3 cases
State v. Smith, 2015 Ohio 4225 (Ohio Ct. App. 2015).
State v. T.J.D., 2020 Ohio 3745 (Ohio Ct. App. 2020).
State v. Gresham, 2011 Ohio 2519 (Ohio Ct. App. 2011).
— Ohio Rev. Code § 2923.13(D) — 1 case
State v. Scovil, 713 N.E.2d 452 (Ohio Ct. App. 1998).
— Ohio Rev. Code § 2923.13(D)(1) — 2 cases
State v. Montez, 2022 Ohio 640 (Ohio Ct. App. 2022).
State v. Cooks, 2015 Ohio 3380 (Ohio Ct. App. 2015).
— Ohio Rev. Code § 2923.13(D)(2) — 1 case
State v. White (Ohio Ct. App. 2026).
— Ohio Rev. Code § 2923.13(F)(6) — 1 case
State v. Maurer, 2019 Ohio 2388 (Ohio Ct. App. 2019).
— Ohio Rev. Code § 2923.13(F)(8) — 1 case
Burns v. Adams, 2014 Ohio 1917 (Ohio Ct. App. 2014).
— Ohio Rev. Code § 2923.13(a)(3) — 1 case
State v. Mosley, 849 N.E.2d 73 (Ohio Ct. App. 2006).
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