Ohio Rev. Code » Chapter 2923
Ohio Revised Code

Ohio Rev. Code § 2923.132 (2026)

Use of firearm or dangerous ordnance by violent career criminal

✓ current as of May 2026
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Effective:
March 22, 2019
Latest Legislation:
Senate Bill 201 - 132nd General Assembly
PDF:
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(A) As used in this section:

(1)(a) "Violent career criminal" means a person who within the preceding eight years, subject to extension as provided in division (A)(1)(b) of this section, has been convicted of or pleaded guilty to two or more violent felony offenses that are separated by intervening sentences and are not so closely related to each other and connected in time and place that they constitute a course of criminal conduct.

(b) Except as provided in division (A)(1)(c) of this section, the eight-year period described in division (A)(1)(a) of this section shall be extended by a period of time equal to any period of time during which the person, within that eight-year period, was confined as a result of having been accused of an offense, having been convicted of or pleaded guilty to an offense, or having been accused of violating or found to have violated any community control sanction, post-release control sanction, or term or condition of supervised release.

(c) Division (A)(1)(b) of this section shall not apply to extend the eight-year period described in division (A)(1)(a) of this section by any period of time during which a person is confined if the person is acquitted of the charges or the charges are dismissed in final disposition of the case or during which a person is confined as a result of having been accused of violating any sanction, term, or condition described in division (A)(1)(b) of this section if the person subsequently is not found to have violated that sanction, term, or condition.

(2) "Violent felony offense" means any of the following:

(a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2905.01, 2905.02, 2909.02, 2909.23, 2911.01, 2911.02, or 2911.11 of the Revised Code;

(b) A violation of division (A)(1) or (2) of section 2911.12 of the Revised Code;

(c) A felony violation of section 2907.02, 2907.03, 2907.04, or 2907.05 of the Revised Code;

(d) A felony violation of section 2909.24 of the Revised Code or a violation of section 2919.25 of the Revised Code that is a felony of the third degree;

(e) A felony violation of any existing or former ordinance or law of this state, another state, or the United States that is or was substantially equivalent to any offense listed or described in divisions (A)(2)(a) to (e) of this section;

(f) A conspiracy or attempt to commit, or complicity in committing, any of the offenses listed or described in divisions (A)(2)(a) to (e) of this section, if the conspiracy, attempt, or complicity is a felony of the first or second degree.

(3) "Dangerous ordnance" and "firearm" have the same meanings as in section 2923.11 of the Revised Code.

(4) "Community control sanction" has the same meaning as in section 2929.01 of the Revised Code.

(5) "Post-release control sanction" has the same meaning as in section 2967.01 of the Revised Code.

(6) "Supervised release" has the same meaning as in section 2950.01 of the Revised Code.

(B) No violent career criminal shall knowingly use any firearm or dangerous ordnance.

(C) Whoever violates this section is guilty of unlawful use of a weapon by a violent career criminal, a felony of the first degree. For an offense committed prior to the effective date of this amendment, notwithstanding the range of definite prison terms set forth in division (A)(1)(b) of section 2929.14 of the Revised Code, the court shall impose upon the offender a mandatory prison term that is a definite prison term of two, three, four, five, six, seven, eight, nine, ten, or eleven years. For an offense committed on or after the effective date of this amendment, notwithstanding the range of minimum prison terms set forth in division (A)(1)(a) of section 2929.14 of the Revised Code, the court shall impose upon the offender an indefinite prison term pursuant to that division, with a minimum term under that sentence that is a mandatory prison term of two, three, four, five, six, seven, eight, nine, ten, or eleven years.
Notes of Decisions
Cited in 8 cases (4 in the last 5 years), 2018–2026 · leading case: State v. Wilborn, 2024 Ohio 5003 (Ohio Ct. App. 2024).
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State v. Wilborn, 2024 Ohio 5003 (Ohio Ct. App. 2024). · cites it 3× “13 or “use[d] any firearm or dangerous ordnance,” as required by R.C. 2923.132. The State conceded at trial that no one saw Wilborn actually possess or use a gun.”
In re Allender, 2018 Ohio 2147 (Ohio Ct. App. 2018). · cites it 2× “(2) Division (A)(1) of this section does not apply to a person who has been convicted of or pleaded guilty to a violation of section 2923.132 of the Revised Code or to a person who, two or more times, has been convicted of or pleaded guilty to a felony and a specification of the…”
Ciotto v. Hinkle, 2019 Ohio 3809 (Ohio Ct. App. 2019). “21 (prohibiting the transfer of guns to minors); R.C. 2923.132 (prohibiting use of firearms by “violent career criminal”).”
State v. Johnson, 2020 Ohio 4178 (Ohio Ct. App. 2020). “11(A)(2), a felony of the second degree; (IX) unlawful use of a weapon by a violent career criminal in violation of R.C. 2923.132, a felony of the first degree; (X) felonious 2 assault in violation of R.”
State v. Jenkins, 2020 Ohio 5409 (Ohio Ct. App. 2020). “To establish that offense, the State was required to prove that Jenkins knowingly acquired, had, carried, or used any firearm or dangerous ordnance when he had been convicted of “any felony offense involving the illegal possession, use, sale, administration, distribution, or…”
Johnson v. Harris (N.D. Ohio 2024). “11(A)(2); one count of Unlawful Use of a Weapon by a Violent Career Criminal under O.R.C. 2923.132; one count of Felonious Assault under O.”
State v. Johnson, 2022 Ohio 1084 (Ohio Ct. App. 2022). “11(A)(2), a felony of the second degree; (IX) unlawful use of a weapon by a violent career criminal in violation of R.C. 2923.132, 2 a felony of the first degree; (X) felonious assault in violation of R.”
State v. Pennington, 2026 Ohio 1054 (Ohio Ct. App. 2026). “04, a felony of the first degree with one- and three-year firearm, notice-of-prior conviction, and repeat-violent-offender specifications, and use of firearm or dangerous ordnance by a violent career criminal, in violation of R.C. 2923.132(B), a felony of the first degree.”
Ohio Rev. Code § 2923.132(A)(1): 1 case
State v. Wilborn, 2024 Ohio 5003 (Ohio Ct. App. 2024). “13 or “use[d] any firearm or dangerous ordnance,” as required by R.C. 2923.132. The State conceded at trial that no one saw Wilborn actually possess or use a gun.”
Ohio Rev. Code § 2923.132(A)(3): 1 case
State v. Jenkins, 2020 Ohio 5409 (Ohio Ct. App. 2020). “To establish that offense, the State was required to prove that Jenkins knowingly acquired, had, carried, or used any firearm or dangerous ordnance when he had been convicted of “any felony offense involving the illegal possession, use, sale, administration, distribution, or…”
Ohio Rev. Code § 2923.132(B): 2 cases
State v. Wilborn, 2024 Ohio 5003 (Ohio Ct. App. 2024). “13 or “use[d] any firearm or dangerous ordnance,” as required by R.C. 2923.132. The State conceded at trial that no one saw Wilborn actually possess or use a gun.”
State v. Pennington, 2026 Ohio 1054 (Ohio Ct. App. 2026). “04, a felony of the first degree with one- and three-year firearm, notice-of-prior conviction, and repeat-violent-offender specifications, and use of firearm or dangerous ordnance by a violent career criminal, in violation of R.C. 2923.132(B), a felony of the first degree.”
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