(A) Imposition of a three-year mandatory prison term upon an offender under division (B)(1)(a) (ii) 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 displayed the firearm, brandished the firearm, indicated that the offender possessed the firearm, or used it to facilitate the offense. The specification shall be stated at the end of the body of the indictment, count, or information, and shall be stated 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 and displayed the firearm, brandished the firearm, indicated that the offender possessed the firearm, or used it to facilitate the offense)."
(B) Imposition of a three-year mandatory prison term upon an offender under division (B)(1)(a) (ii) of section 2929.14 of the Revised Code is precluded if a court imposes a one-year, eighteen-month, six-year, fifty-four-month, or nine-year mandatory prison term on the offender under division (B)(1) (a)(i), (iii), (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 a mandatory prison term of fifty-four months upon an offender under division (B)(1)(a)(v) 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 displayed the firearm, brandished the firearm, indicated that the offender possessed a firearm, or used the firearm to facilitate 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. 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 and displayed the firearm, brandished the firearm, indicated that the offender possessed a firearm, or used the firearm to facilitate 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 a mandatory prison term of fifty-four months upon an offender under division (B)(1)(a)(v) of section 2929.14 of the Revised Code is precluded if the court imposes a one-year, eighteen-month, three-year, or nine-year mandatory prison term on the offender under division (B)(1)(a)(i), (ii), (iii), (iv), or (vi) 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 1,222
cases (503 in the last 5 years), 1999–2026 · leading case: State v. White, 29 N.E.3d 939 (Ohio 2015).
State v. White, 29 N.E.3d 939 (Ohio 2015). · cites it 24ד11(A)(2) with a firearm specification pursuant to R.C. 2941.145. The matter proceeded to a jury trial, and at the close of the state’s case-in-chief, White moved for acquittal and also argued that the firearm specification should not apply to him.”
State v. Haller, 2012-Ohio-5233. · cites it 9ד03(A)(2), a felony of the first degree with a firearm specification under R.C. 2941.145(A); Count II, complicity to commit aggravated robbery in violation of R.”
State v. Morris, 2021-Ohio-2646. · cites it 10ד01(A), and each containing a firearm specification under R.C. §2941.145; four counts of Conspiracy to Aggravated Murder, each unclassified felonies, in violation of R.”
State v. Campbell, 738 N.E.2d 1178 (Ohio 2000). · cites it 10דR.C. 2941.145 provides that “[i]mposition of a three-year mandatory prison term upon an offender under division (D)(1)(a) of section 2929.”
State v. Ford, 2011-Ohio-765, 945 N.E.2d 498. · cites it 10דThe state also charged Ford with a firearm specification under count one, pursuant to R.C. 2941.145 and *399 2929.14(D), which set forth additional penalties for the use of a gun while committing an offense.”
State v. Montgomery (Slip Opinion), 2016-Ohio-5487, 71 N.E.3d 180. · cites it 4ד{¶ 68} The state focuses on language in Ford indicating that the firearm specification is “not a separate criminal offense” because it is “merely a sentencing provision that requires an enhanced penalty upon certain findings.”
State ex rel. Clay v. Cuyahoga Cty. Med. Exam'r's Off. (Slip Opinion), 2017-Ohio-8714, 94 N.E.3d 498. · cites it 6ד*510 In White , a police officer was charged with one count of felonious assault, with a firearm specification pursuant to R.C. 2941.145, for an on-duty shooting that paralyzed a fleeing suspect.”
State v. Clay, 2013-Ohio-4649. · cites it 9דBecause the indictment did not comply with R.C. 2941.145, that statute did not authorize the court to impose three-year prison terms upon Clay.”
State v. McKelton (Slip Opinion), 2016-Ohio-5735, 70 N.E.3d 508. · cites it 2דThe aggravated-murder charge carried a firearm specification, R.C. 2941.145, and two death specifications, R.”
State v. Dean (Slip Opinion), 2015-Ohio-4347, 54 N.E.3d 80. · cites it 4ד145 of the Revised Code, the court shall impose on the offender one of the following prison terms: 57 SUPREME COURT OF OHIO *** (ii) A prison term of three years if the specification is of the type described in section 2941.145 of the Revised Code that charges the offender with…”
State v. Bond, 2022-Ohio-4150, 212 N.E.3d 880. · cites it 4ד02(B), each with a firearm specification under R.C. 2941.145. During a recess on the third day of a five-day jury trial, some of the people attending the trial were involved in an altercation outside the courtroom.”
State v. Beatty, 2024-Ohio-5684, 253 N.E.3d 73. · cites it 9ד11(A)(2), and four attendant firearm specifications, R.C. 2941.145(A). The jury also found Beatty guilty of one count of discharging a firearm on or near prohibited premises, R.”
State v. White, 29 N.E.3d 939 (Ohio 2015). “11(A)(2) with a firearm specification pursuant to R.C. 2941.145. The matter proceeded to a jury trial, and at the close of the state’s case-in-chief, White moved for acquittal and also argued that the firearm specification should not apply to him.”
State v. Haller, 2012-Ohio-5233. “03(A)(2), a felony of the first degree with a firearm specification under R.C. 2941.145(A); Count II, complicity to commit aggravated robbery in violation of R.”
State ex rel. Clay v. Cuyahoga Cty. Med. Exam'r's Off. (Slip Opinion), 2017-Ohio-8714, 94 N.E.3d 498. “*510 In White , a police officer was charged with one count of felonious assault, with a firearm specification pursuant to R.C. 2941.145, for an on-duty shooting that paralyzed a fleeing suspect.”
State v. Beatty, 2024-Ohio-5684, 253 N.E.3d 73. “11(A)(2), and four attendant firearm specifications, R.C. 2941.145(A). The jury also found Beatty guilty of one count of discharging a firearm on or near prohibited premises, R.”
State v. Ford, 2011-Ohio-765, 945 N.E.2d 498. “The state also charged Ford with a firearm specification under count one, pursuant to R.C. 2941.145 and *399 2929.14(D), which set forth additional penalties for the use of a gun while committing an offense.”
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