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. Client
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.Client
Testimonials
Learn what our clients have to say about the work of Sabol Mallory. If you have any questions or need legal help for a criminal charge, please reach out to us right away.
Chase Mallory is incredible. He is wonderful to work with and knows exactly what to do to help his clients. Thank you from the bottom of my heart for all you've done for me. I highly recommend hiring Chase to help fight your battles. Bless you!
- Erin R.
Dan Sabol is probably the best attorney I've ever worked with. Very professional and worked hard to get the best results possible. He will be the first person I call if I need a lawyer again. If you find yourself in a sticky situation make sure you give him a ring.
- Christopher R.
I had the pleasure of working with Dan and Chase and I am very grateful!! They did amazing work to help me on my case. They are very helpful and get back with you in a timely manner whenever I had questions for them, which was very nice and reassuring.
- Jessica H.
Thank you very much for helping us, who deserve our Second Amendment Rights restored without delay. Even though.I am a convicted non-violent felon who served time in prison I not served my time exemplary and demonstrated repeatedly that I was concerned and did something about drug trafficking while in prison (as demonstrated on local news channel, jail guard smuggling drugs and alcohol into jail!!) for my efforts. Several examples of my citizenship while incarcerated are noted as well. I deserve the opportunity to defend my home, my family and my considerable possessions, while living in what is known to be the “hood”! Thanks again!
Steve Burden
Dayton, Ohio