(A) Imposition of a one-year mandatory prison term upon an offender under division (B)(1)(a) (iii) of section 2929.14 of the Revised Code is precluded unless the indictment, count in the indictment, or information charging the offense specifies that the offender had a firearm on or about the offender's person or under the offender's control while committing the offense. The specification shall be stated at the end of the body of the indictment, count, or information, and shall be in substantially the following form:
"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The Grand Jurors (or insert the person's or the prosecuting attorney's name when appropriate) further find and specify that (set forth that the offender had a firearm on or about the offender's person or under the offender's control while committing the offense.)"
(B) Imposition of a one-year mandatory prison term upon an offender under division (B)(1)(a) (iii) of section 2929.14 of the Revised Code is precluded if a court imposes an eighteen-month, three-year, fifty-four-month, six-year, or nine-year mandatory prison term on the offender under division (B)(1) (a)(i), (ii), (iv), (v), or (vi) of that section relative to the same felony.
(C) The specification described in division (A) of this section may be used in a delinquent child proceeding in the manner and for the purpose described in section 2152.17 of the Revised Code.
(D) Imposition of an eighteen-month mandatory prison term upon an offender under division (B)(1)(a)(vi) of section 2929.14 of the Revised Code is precluded unless the indictment, count in the indictment, or information charging the offense specifies that the offender had a firearm on or about the offender's person or under the offender's control while committing the offense and that the offender previously had been convicted of or pleaded guilty to a firearm specification of the type described in section 2941.141, 2941.144, 2941.145, 2941.146, or 2941.1412 of the Revised Code. The specification shall be stated at the end of the body of the indictment, count, or information, and shall be in substantially the following form :
"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The Grand Jurors (or insert the person's or prosecuting attorney's name when appropriate) further find and specify that (set forth that the offender had a firearm on or about the offender's person or under the offender's control while committing the offense and that the offender previously has been convicted of or pleaded guilty to a firearm specification of the type described in section 2941.141, 2941.144, 2941.145, 2941.146, or 2941.1412 of the Revised Code.)"
(E) Imposition of an eighteen-month mandatory prison term upon an offender under division (B)(1)(a)(vi) of section 2929.14 of the Revised Code is precluded if the court imposes a one- year, three-year, fifty-four-month, six-year, or nine-year mandatory prison term on the offender under division (B)(1)(a) (i), (ii), (iii), (iv), or (v) of that section relative to the same felony.
(F) As used in this section, "firearm" has the same meaning as in section 2923.11 of the Revised Code.
Notes of Decisions
Cited in 500
cases (204 in the last 5 years), 1983–2026 · leading case: State v. Elliott, 2022-Ohio-3778, 199 N.E.3d 944.
State v. Elliott, 2022-Ohio-3778, 199 N.E.3d 944. · cites it 21ד02(A)(2), felonies of the first degree, with one of these counts carrying a firearm specification under R.C. 2941.141(A); one count of having weapons while under disability in violation of R.”
State v. Walker, 2016-Ohio-3185. · cites it 10ד, that the offender had an automatic firearm or a firearm with a muffler or silencer), while the second specification charged a violation of R.C. 2941.141 (i.e., that the offender had a firearm on or about his person or under his control at the time he possessed cocaine).”
State v. Jones, 2024-Ohio-2959, 249 N.E.3d 782. · cites it 13דSpecifically, Jones contends that Ohio’s firearm specification under R.C. 2941.141 is unconstitutional (facially and as applied to him) under New York State Rifle & Pistol Ass’n, Inc.”
State v. Dean (Slip Opinion), 2015-Ohio-4347, 54 N.E.3d 80. · cites it 4ד14, 150 Ohio Laws, Part III, at 4661, stated: (D)(1)(a) Except as provided in division (D)(1)(e) of this section, if an offender who is convicted of or pleads guilty to a felony also is convicted of or pleads guilty to a specification of the type described in section 2941.141,…”
State v. Roberts, 2021-Ohio-90. · cites it 12ד03(A)(2)&(C)(6)(e), a felony of the second degree, with a Firearm specification, in violation of R.C. 2941.141, and with two Forfeiture specifications, in violation of R.”
State v. Shine-Johnson, 2018-Ohio-3347, 117 N.E.3d 986. · cites it 4דR.C. 2941.141(A). Appellant essentially argues that he could not have simultaneously possessed the gun to support the specification while he "dispossessed" it or "removed it from his person" to support the tampering charge.”
State v. Chears, 2022-Ohio-861. · cites it 22דChears points to another decision from the Eighth District Court of Appeals where the court pronounced, “As the trial court imposed both a one-year and a three-year mandatory prison term for each of the three offenses, appellant’s sentence for these gun specifications was error.”
State v. Nitsche, 2016-Ohio-3170. · cites it 2דf or pleads guilty to two or more felonies, if one or more of those felonies are aggravated murder, murder, attempted aggravated murder, attempted murder, aggravated robbery, felonious assault, or rape, and if the offender is convicted of or pleads guilty to a specification of…”
State v. Lane, 2022-Ohio-3775, 202 N.E.3d 45. · cites it 4דR.C. 2941.141. Because (1) Lane was sentenced on more than one felony, (2) possession of cocaine in violation of R.”
State v. Smith, 2020-Ohio-4976. · cites it 2ד{¶86} For both the murder and felonious-assault offenses, the jury found Smith guilty of the accompanying firearm specifications under R.C. 2941.141(A) (offender had a firearm while committing the offense) and R.”
State v. Henderson (Slip Opinion), 2020-Ohio-4784, 162 N.E.3d 776. “The charge included two firearm 2 January Term, 2020 specifications, pursuant to R.C. 2941.141 and 2941.145. On November 30, 1999, Henderson pleaded guilty to one count of murder, in violation of R.”
State v. Chapman, 487 N.E.2d 566 (Ohio 1986). · cites it 4דR.C. 2941.141 provides: “(A) Imposition of a term of actual incarceration upon an offender under division (A) of section 2929.”
State v. Elliott, 2022-Ohio-3778, 199 N.E.3d 944. “02(A)(2), felonies of the first degree, with one of these counts carrying a firearm specification under R.C. 2941.141(A); one count of having weapons while under disability in violation of R.”
State v. Jones, 2024-Ohio-2959, 249 N.E.3d 782. “Specifically, Jones contends that Ohio’s firearm specification under R.C. 2941.141 is unconstitutional (facially and as applied to him) under New York State Rifle & Pistol Ass’n, Inc.”
State v. Shine-Johnson, 2018-Ohio-3347, 117 N.E.3d 986. “R.C. 2941.141(A). Appellant essentially argues that he could not have simultaneously possessed the gun to support the specification while he "dispossessed" it or "removed it from his person" to support the tampering charge.”
State v. Smith, 2020-Ohio-4976. “{¶86} For both the murder and felonious-assault offenses, the jury found Smith guilty of the accompanying firearm specifications under R.C. 2941.141(A) (offender had a firearm while committing the offense) and R.”
State v. Lane, 2022-Ohio-3775, 202 N.E.3d 45. “R.C. 2941.141. Because (1) Lane was sentenced on more than one felony, (2) possession of cocaine in violation of R.”
Ohio Rev. Code § 2941.141(B): 9 cases
State v. Chears, 2022-Ohio-861. “Chears points to another decision from the Eighth District Court of Appeals where the court pronounced, “As the trial court imposed both a one-year and a three-year mandatory prison term for each of the three offenses, appellant’s sentence for these gun specifications was error.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.