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Ohio Revised Code

Ohio Rev. Code § 2941.145 (2026)

Firearm displayed, brandished, indicated that offender possessed the firearm, or used it to facilitate offense specification

✓ current as of May 2026
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Effective:
September 14, 2016
Latest Legislation:
Senate Bill 97 - 131st General Assembly
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(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).
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State v. White, 29 N.E.3d 939 (Ohio 2015). · cites it 24× “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 (Ohio Ct. App. 2012). · cites it 9× “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 v. Morris, 2021 Ohio 2646 (Ohio Ct. App. 2021). · cites it 10× “01(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, 2000 Ohio 183 (Ohio 2000). · cites it 10× “R.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 (Ohio 2011). · cites it 10× “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.”
State v. Montgomery (Slip Opinion), 2016 Ohio 5487 (Ohio 2016). · cites it 4× “{¶ 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 (Ohio 2017). · cites it 6× “*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 (Ohio Ct. App. 2013). · cites it 9× “Because 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 (Ohio 2016). · cites it 2× “The aggravated-murder charge carried a firearm specification, R.C. 2941.145, and two death specifications, R.”
State v. Dean (Slip Opinion), 2015 Ohio 4347 (Ohio 2015). · cites it 4× “145 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 (Ohio 2022). · cites it 4× “02(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 (Ohio 2024). · cites it 9× “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.”
Show all 1,222 citing cases →
— Ohio Rev. Code § 2941.145(A) — 564 cases
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 (Ohio Ct. App. 2012). “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 (Ohio 2017). “*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 (Ohio 2024). “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. Hacker, 2020 Ohio 5048 (Ohio Ct. App. 2020).
— Ohio Rev. Code § 2941.145(A)(1) — 1 case
State v. McKinney, 2020 Ohio 4721 (Ohio Ct. App. 2020).
— Ohio Rev. Code § 2941.145(A)(B)(C) — 1 case
State v. Lathan, 2024 Ohio 2514 (Ohio Ct. App. 2024).
— Ohio Rev. Code § 2941.145(B) — 5 cases
State v. Chears, 2022 Ohio 861 (Ohio Ct. App. 2022).
State v. Peters, 2023 Ohio 4362 (Ohio Ct. App. 2023).
State v. Holliman, 2025 Ohio 1187 (Ohio Ct. App. 2025).
State v. Watts, 2023 Ohio 1394 (Ohio Ct. App. 2023).
State v. Steele, 2025 Ohio 3070 (Ohio Ct. App. 2025).
— Ohio Rev. Code § 2941.145(C) — 4 cases
In re E.B., 2016 Ohio 1507 (Ohio Ct. App. 2016).
In re R.W., 2014 Ohio 1950 (Ohio Ct. App. 2014).
In re J.R., 2020 Ohio 761 (Ohio Ct. App. 2020).
In re J.W.J., 2013 Ohio 1609 (Ohio Ct. App. 2013).
— Ohio Rev. Code § 2941.145(D) — 22 cases
State v. Ford, 2011 Ohio 765 (Ohio 2011). “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.”
State v. Powell, 2018 Ohio 3944 (Ohio Ct. App. 2018).
State v. Peoples, 2022 Ohio 953 (Ohio Ct. App. 2022).
State v. Witcher, 2012 Ohio 4141 (Ohio Ct. App. 2012).
State v. Drane, 2021 Ohio 730 (Ohio Ct. App. 2021).
— Ohio Rev. Code § 2941.145(F) — 5 cases
State v. Peters, 2023 Ohio 4362 (Ohio Ct. App. 2023).
State v. Mills, 2022 Ohio 969 (Ohio Ct. App. 2022).
State v. Hector, 2017 Ohio 9197 (Ohio Ct. App. 2017).
State v. Smith, 2024 Ohio 2221 (Ohio Ct. App. 2024).
State v. Allen, 2025 Ohio 2728 (Ohio Ct. App. 2025).
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