Ohio — Statute

Automatic Firearm or Firearm Muffler or Silencer Specification | Ohio Title 29 - Crimes and Procedure | Ohio Law

Ohio law 2941.144 mandates a 6-year prison term for possessing automatic firearms or silencers during a crime, requiring specific indictment language.

Legal Content

Automatic Firearm or Firearm Muffler or Silencer Specification

Ohio — Ohio Title 29 - Crimes and Procedure

Summary

Ohio Revised Code 2941.144 specifies that a mandatory six-year prison term applies if an offender is found with an automatic firearm or a firearm equipped with a muffler or silencer during the commission of a crime, but only if the indictment explicitly states this. The law also clarifies that this mandatory sentence cannot be imposed if the offender is already subject to a shorter mandatory term for the same offense. It applies to both adult and juvenile proceedings, with definitions aligned to existing firearm laws.

Frequently Asked Questions

What triggers the mandatory six-year prison term under Ohio law 2941.144?

The mandatory six-year sentence applies if the offender is found with an automatic firearm or a firearm equipped with a muffler or silencer during the commission of a crime, and this must be specified in the indictment.

Can the six-year mandatory sentence be avoided?

Yes, if the court imposes a shorter mandatory prison term (such as three or one year) for the same offense, the six-year sentence is not applicable.

Does this law apply to juvenile offenders?

Yes, the specification can be used in delinquent child proceedings as described in Ohio law section 2152.17.

What is meant by 'firearm' and 'automatic firearm' in this law?

They have the same meanings as defined in Ohio Revised Code section 2923.11, typically referring to firearms capable of automatic firing.

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In simple terms: Ohio law 2941.144 mandates a 6-year prison term for possessing automatic firearms or silencers during a crime, requiring specific indictment language.. This means people must follow this rule, and breaking it can lead to criminal penalties.

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