In Ohio, the laws surrounding firearm possession are stringent, particularly for those who have been convicted of a felony. The legal landscape is complex, and understanding the nuances is crucial for anyone who finds themselves on the wrong side of the law. This issue often raises questions about the rights of convicted felons and whether they can ever legally possess a firearm in the state of Ohio. While the general answer is no, there are certain exceptions and legal avenues through which a convicted felon may potentially restore their firearm rights.
Dan Sabol
Dan is the first attorney in Ohio to be both board certified in criminal trial law by the National Board of Trial Advocacy and be designated as a Lawyer Scientist by the American Chemical Society.
Chase Mallory
Chase Mallory is a firm founder whom has tried over 40 cases and conducted more than 100 suppression hearings. He is a founding member of the DUI Defense Lawyers Association
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Learn more about our teamUnderstanding Ohio’s Firearm Laws
Ohio law is clear in its general prohibition against firearm possession by convicted felons. Under both federal and state law, individuals who have been convicted of a felony are typically barred from possessing, owning, or using firearms. This prohibition is broad and applies to various categories of weapons, including handguns, rifles, shotguns, and even certain types of ammunition.
The primary law governing this prohibition in Ohio is found in the Ohio Revised Code Section 2923.13, which states that any person who has been convicted of a felony involving violence, drug offenses, or any offense involving the use of a firearm is not permitted to have a firearm. This statute is designed to prevent individuals with a history of serious criminal behavior from gaining access to weapons, thereby reducing the risk of further violent crime.
Federal law also plays a significant role in this area. The Federal Gun Control Act of 1968 established nationwide restrictions on firearm possession for convicted felons. Under this act, any person convicted of a crime punishable by more than one year of imprisonment is prohibited from possessing a firearm. The interplay between federal and state laws creates a comprehensive framework that tightly restricts firearm access for those with felony convictions.
However, the situation is not entirely black and white. Ohio law provides certain pathways through which a convicted felon may seek to restore their right to possess a firearm. These exceptions are narrow and subject to strict scrutiny, but they do offer a potential avenue for those who have demonstrated rehabilitation and a commitment to lawful behavior.
Restoration of Firearm Rights in Ohio
The most common method for a convicted felon to regain the right to possess a firearm in Ohio is through the restoration of civil rights. This process is typically pursued after the individual has completed their sentence, including any probation or parole. The restoration of civil rights can include the right to vote, serve on a jury, and possess a firearm. However, this process is neither automatic nor guaranteed.
To begin the process, the convicted felon must petition the court for the restoration of their rights. This petition is usually filed in the court where the original conviction occurred. The petitioner must provide evidence that they have been rehabilitated, have led a law-abiding life since their conviction, and pose no threat to public safety. The court will consider various factors, including the nature and severity of the original offense, the time elapsed since the conviction, and any subsequent criminal behavior.
It is important to note that even if an individual’s civil rights are restored, this does not automatically mean they can legally possess a firearm. In some cases, the restoration may only apply to certain rights, such as voting, while the prohibition on firearm possession remains in place. Additionally, federal law may still impose restrictions even if state law has restored the individual’s rights. This discrepancy between state and federal law can create a legal gray area, and anyone seeking to restore their firearm rights should proceed with caution and seek legal counsel.
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Expungement and Its Impact on Firearm Rights
Another potential avenue for restoring firearm rights in Ohio is through the expungement of the felony conviction. Expungement is a legal process that allows certain criminal records to be sealed or erased, effectively removing the conviction from the individual’s criminal history. Once a conviction is expunged, the individual is legally considered to have never been convicted of the offense, which can have a significant impact on their ability to possess a firearm.
However, not all felonies are eligible for expungement in Ohio. The state has strict criteria for which offenses can be expunged, and violent crimes, sexual offenses, and certain other serious felonies are typically excluded from this process. Even if a felony is eligible for expungement, the individual must meet specific requirements, such as a waiting period after completing their sentence and demonstrating good behavior.
The expungement process involves filing a petition with the court and may require a hearing where the petitioner must convince the judge that expungement is warranted. If the court grants the expungement, the conviction is sealed, and the individual’s firearm rights may be restored. However, as with the restoration of civil rights, federal law may still impose restrictions, and it is essential to ensure that expungement will allow for lawful firearm possession under both state and federal law.
Federal Relief and Pardons
In some cases, a convicted felon may seek relief from federal firearm restrictions through a presidential pardon or other forms of federal relief. A pardon is an official act of forgiveness granted by the President of the United States, which can restore various civil rights, including the right to possess a firearm. However, obtaining a presidential pardon is a lengthy and challenging process, and only a small number of pardons are granted each year.
In addition to pardons, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) has a program that allows individuals to apply for relief from federal firearm disabilities. This program is intended for those who can demonstrate that they do not pose a threat to public safety and that restoring their firearm rights is in the public interest. However, this program has been effectively suspended for many years due to a lack of funding, making it an impractical option for most individuals.
Ohio also has a gubernatorial pardon process, which can restore state-level rights, including firearm possession. Like the federal pardon process, obtaining a state pardon is challenging and requires a thorough application, including evidence of rehabilitation and support from community members. A state pardon does not remove federal firearm restrictions, but it can be an important step toward restoring full rights.
Legal Consequences of Illegally Possessing a Firearm
For convicted felons who possess a firearm without legal authorization, the consequences can be severe. Under Ohio law, unlawful possession of a firearm by a convicted felon is a felony offense that can result in significant prison time, fines, and other penalties. The severity of the punishment often depends on the nature of the original felony conviction and whether the firearm was used in the commission of another crime.
Federal law also imposes harsh penalties for unlawful firearm possession by convicted felons. A conviction under federal law can lead to imprisonment, and federal prosecutors often pursue these cases aggressively. The intersection of state and federal laws means that an individual could face prosecution in both state and federal court, leading to compounded legal consequences.
Given the serious nature of these penalties, it is crucial for anyone with a felony conviction to fully understand the legal restrictions on firearm possession and to avoid any actions that could lead to further criminal charges. Even accidental or unintentional possession of a firearm can result in severe legal consequences, and ignorance of the law is not a valid defense.
Seeking Legal Guidance
Navigating the complex legal landscape of firearm possession laws for convicted felons in Ohio requires a deep understanding of both state and federal regulations. Given the potential for severe legal consequences, it is advisable for anyone with a felony conviction to seek legal guidance before attempting to possess a firearm. An experienced attorney can assess the individual’s circumstances, advise on the available legal options, and help navigate the process of restoring firearm rights if applicable.
Legal professionals can also assist with understanding the nuances of the law, such as the difference between state and federal regulations, the specific requirements for restoring rights, and the potential pitfalls that could lead to further legal trouble. For those who believe they may be eligible for an exception or restoration of rights, consulting with an attorney is an essential first step.
In conclusion, the question of whether a convicted felon can legally possess a firearm in Ohio is complex and multifaceted. While the general rule is a prohibition on firearm possession, there are certain exceptions and legal avenues that may allow for the restoration of rights. However, these processes are neither simple nor guaranteed, and the consequences of illegal possession are severe. Anyone considering this issue should proceed with caution and seek professional legal advice to ensure compliance with the law.
For those navigating these legal challenges, the law firm of Sabol & Mallory can provide the necessary guidance and representation. Our team is dedicated to helping individuals understand their rights and explore all available legal options. If you or a loved one is facing issues related to firearm possession as a convicted felon in Ohio, contact Sabol & Mallory to discuss your case and receive the support you need.