Ohio Rev. Code » Chapter 2941
Ohio Revised Code

Ohio Rev. Code § 2941.146 (2026)

Firearm discharged from motor vehicle specification

✓ current as of May 2026
Find cases: SyfertCases citing this section ORCcodes.ohio.gov (official) Justiaon Justia CornellLII Search CasesGoogle Scholar
Effective:
September 14, 2016
Latest Legislation:
Senate Bill 97 - 131st General Assembly
PDF:
Download Authenticated PDF
 

(A) Imposition of a mandatory five-year prison term upon an offender under division (B)(1)(c) (i) of section 2929.14 of the Revised Code for committing a violation of section 2923.161 of the Revised Code or for committing a felony that includes, as an essential element, purposely or knowingly causing or attempting to cause the death of or physical harm to another and that was committed by discharging a firearm from a motor vehicle other than a manufactured home is precluded unless the indictment, count in the indictment, or information charging the offender specifies that the offender committed the offense by discharging a firearm from a motor vehicle other than a manufactured home. 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 prosecuting attorney's name when appropriate) further find and specify that (set forth that the offender committed the violation of section 2923.161 of the Revised Code or the felony that includes, as an essential element, purposely or knowingly causing or attempting to cause the death of or physical harm to another and that was committed by discharging a firearm from a motor vehicle other than a manufactured home)."

(B) 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.

(C) Imposition of a ninety-month mandatory prison term under division (B)(1)(c)(ii) of section 2929.14 of the Revised Code for committing a violation of section 2923.161 of the Revised Code or for committing a felony that includes, as an essential element, purposely or knowingly causing or attempting to cause the death of or physical harm to another and that was committed by discharging a firearm from a motor vehicle other than a manufactured home is precluded unless the indictment, count in the indictment, or information charging the offender specifies that the offender committed the offense by discharging a firearm from a motor vehicle other than a manufactured home 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 stated 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 where appropriate) further find and specify that (set forth that the offender committed the violation of section 2923.161 of the Revised Code or the felony that includes, as an essential element, purposely or knowingly causing or attempting to cause the death of or physical harm to another and that was committed by discharging a firearm from a motor vehicle other than a manufactured home 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)."

(D) As used in this section:

(1) "Firearm" has the same meaning as in section 2923.11 of the Revised Code;

(2) "Motor vehicle" and "manufactured home" have the same meanings as in section 4501.01 of the Revised Code.
Notes of Decisions
Cited in 102 cases (50 in the last 5 years), 2001–2026 · leading case: State v. Johnson, 2014 Ohio 1226 (Ohio Ct. App. 2014).
Sort: Relevance Newest Treatment
State v. Johnson, 2014 Ohio 1226 (Ohio Ct. App. 2014). · cites it 10× “142 criminal gang specification, and a R.C. 2941.146 discharge of firearm from a motor vehicle specification (“drive-by” specification).”
State v. Swidas, 2012 Ohio 4638 (Ohio 2012). · cites it 23× “” In this case, we hold that R.C. 2941.146 is not applicable when a person fires a weapon while standing completely outside a motor vehicle.”
State v. Peoples, 2019 Ohio 2141 (Ohio Ct. App. 2019). · cites it 12× “With respect to the second firearm specification, R.C. 2941.146, the state alleged that Peoples discharged a firearm from a motor vehicle when he committed the underlying offense.”
State v. Hunt, 2013 Ohio 5326 (Ohio Ct. App. 2013). · cites it 8× “{¶ 101} Moreover, in Swidas, the Supreme Court of Ohio had occasion to address R.C. 2941.146 and "what the word 'from' means in the phrase 'from a motor vehicle.”
State v. Ropp, 2020 Ohio 824 (Ohio Ct. App. 2020). · cites it 7× “145) and a five-year prison sentence when an offender is convicted of discharging a firearm from a motor vehicle (R.C. 2941.146). {¶ 53} R.C. 2929.14(B)(1)(b) states, in relevant part, as follows: If a court imposes a prison term on an offender under division (B)(1)(a) of this…”
State v. Lewis, 2019 Ohio 3929 (Ohio Ct. App. 2019). · cites it 10× “Assignment of Error Three: The trial court erred in sentencing Lewis pursuant to the post-2016 version of R.C. 2941.146 rather than the version in effect at the time of the offense, and therefore erred in imposing two prison terms for two specifications.”
State v. Carter, 2017 Ohio 8847 (Ohio Ct. App. 2017). · cites it 4× “145 and R.C. 2941.146 ; (II) murder in violation of R.”
State v. Bundy, 2012 Ohio 3934 (Ohio Ct. App. 2012). · cites it 4× “Instead, the indictment contained an R.C. 2941.146 specification that appellant committed the offense that includes, as an essential element, purposely or knowingly causing or attempting to cause the death of or physical harm to another and that was committed by discharging a…”
State v. Parsons, 2017 Ohio 1315 (Ohio Ct. App. 2017). · cites it 4× “02(A), a first-degree felony, with a firearm specification under R.C. 2941.146 and a forfeiture specification under R.”
State v. Maldonado, 2020 Ohio 5616 (Ohio Ct. App. 2020). · cites it 4× “Applicability of R.C. 2941.146 Specification to Discharge of Firearm on or Near Prohibited Premises In the first assigned error, Maldonado asserts that the R.”
State v. Maldonado, 2021 Ohio 1724 (Ohio Ct. App. 2021). · cites it 4× “Applicability of R.C. 2941.146 Specification to Discharge of Firearm on or Near Prohibited Premises In the first assigned error, Maldonado asserts that the R.”
State v. Coley, 754 N.E.2d 1129 (Ohio 2001). “Count III also had a firearm specification under R.C. 2941.146. Each murder count included a specification under R.”
Show all 102 citing cases →
— Ohio Rev. Code § 2941.146(A) — 49 cases
State v. Hunt, 2013 Ohio 5326 (Ohio Ct. App. 2013). “{¶ 101} Moreover, in Swidas, the Supreme Court of Ohio had occasion to address R.C. 2941.146 and "what the word 'from' means in the phrase 'from a motor vehicle.”
State v. Wilson, 2023 Ohio 1042 (Ohio Ct. App. 2023).
State v. Johnson, 2017 Ohio 9286 (Ohio Ct. App. 2017).
State v. Clay, 2018 Ohio 985 (Ohio Ct. App. 2018).
State v. Everson, 2016 Ohio 87 (Ohio Ct. App. 2016).
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.