Ohio has strict laws when it comes to firearm possession, especially for those who have been convicted of a felony. These laws are designed to protect the public and reduce the risk of gun violence. If someone has a felony on their record, it is important to know what Ohio law says about owning or possessing a firearm. Not following these laws can lead to serious consequences, including more criminal charges and even prison time.
People who have been convicted of a felony often face restrictions that limit their rights. One of the most significant rights that is affected is the right to own or carry a firearm. Ohio laws make it clear that convicted felons are not allowed to have firearms. It is important for anyone with a felony conviction to understand the details of these laws to avoid accidentally breaking them. At, Sabol & Mallory Law Firm , we are here to guide you through the legal process and help you navigate the complexities of your case.
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
Meet the lawyers who make up the legal team at Sabol Mallory LLC. Read their individual bios and get to know more about their education, experience and accolades.
Learn more about our teamWhat is a Felony Conviction?
A felony is a serious crime that carries more severe penalties than a misdemeanor. In Ohio, felonies include crimes like robbery, drug trafficking, aggravated assault, and many others. The type of felony someone is convicted of can have a big impact on whether they are allowed to ever own a firearm again. Certain types of felonies, especially those that involve violence or the use of a weapon, make it even harder for someone to regain their right to have a gun. But in most cases, a felony conviction means losing the right to have a firearm for life.
Even if a person has served their time and completed their sentence, the ban on firearms does not automatically go away. This is something that often surprises people. They may think that once they are out of prison and off probation or parole, they can go back to normal life. But the truth is that the loss of firearm rights is permanent unless they take specific legal steps to try and get those rights back.
What Ohio Law Says About Firearm Possession
Ohio law is clear that anyone convicted of a felony cannot own, possess, or even handle a firearm. The law also applies to dangerous weapons like explosives. It does not matter if the firearm is for personal protection, hunting, or any other reason. Convicted felons are not allowed to have them. This includes having a gun in their home, car, or any place under their control. It also includes borrowing a gun from a friend or family member.
Ohio’s firearm possession laws also cover other related items. For example, someone who has been convicted of a felony is not allowed to have ammunition either. Even if they do not own a gun but have bullets or other types of ammunition, they are breaking the law. The laws are very strict to make sure that convicted felons do not have access to any part of a firearm, including ammunition.
Common Defenses to Felon Firearm Possession Charges in Ohio
Every case has its own unique set of facts, and the best defense strategy depends on the specific circumstances of your case. However, there are several potential defenses that can be used to fight a charge of convicted felon firearm possession. These defenses challenge the prosecution’s case and aim to protect your rights under the law.
One possible defense is challenging the legality of the search and seizure. If law enforcement obtained the firearm through an unlawful search of your home, vehicle, or person, your attorney may be able to have the evidence thrown out. The Fourth Amendment protects against illegal searches and seizures, and if your rights were violated during the investigation, the evidence may be inadmissible.
Another possible defense is to argue that you did not have possession of the firearm. If the firearm was found in a shared space, like a home or car with multiple occupants, the prosecution must prove that you had control over it. Simply being near a firearm is not enough to prove possession. An attorney can challenge this aspect of the prosecution’s case and argue that you had no control over the firearm.
A defense may also be raised if there was a mistake in identifying you as the person responsible for possessing the firearm. Mistaken identity happens more often than people realize, especially in cases involving traffic stops, shared living arrangements, or group settings. Establishing doubt about the identity of the person in possession can weaken the prosecution’s case.
How a Convicted Felon Firearm Possession Charge Can Affect Your Future
A conviction for this charge can have long-term consequences that extend beyond prison time and fines. A felony conviction can affect your ability to get a job, obtain housing, and restore your right to vote or possess a firearm in the future. Your reputation, personal relationships, and overall well-being may be affected, creating challenges for years to come.
If you have already been convicted of a felony in the past, you know how difficult it can be to rebuild your life. Adding another felony to your record makes it even harder to move forward. This is why defending against the charge from the beginning is so important. You do not have to accept the worst possible outcome. There are legal strategies that can protect your future.
Consequences for Violating Ohio’s Firearm Laws
If a convicted felon is caught with a firearm, the consequences can be very serious. The penalties for violating Ohio’s firearm laws can include large fines and prison time. In many cases, the person will face felony charges again, which can make things even worse for them. The courts take these violations very seriously. If someone is convicted of having a firearm after a felony, they could end up spending years in prison, depending on the details of their case.
There are many reasons why convicted felons might be tempted to break the law and have a firearm. They might feel unsafe and want to protect themselves or their family. Or they might not fully understand the law and think that they are allowed to have a gun again once they have finished their sentence. However, it is important to understand that no matter the reason, the law still applies. Ohio’s laws do not make exceptions based on personal feelings or misunderstandings. If someone is caught with a gun, they will face the consequences.
Getting Firearm Rights Restored
There is a way for some convicted felons to try to restore their firearm rights in Ohio. However, this is not an easy process, and it does not apply to everyone. In order to get their rights back, a person must go through the courts. They need to petition the court and show that they are deserving of having their rights restored. The court will look at a lot of different factors when deciding whether or not to grant this request.
One of the most important things the court will consider is the type of felony the person was convicted of. If the felony was a violent crime or involved the use of a weapon, it will be much harder to get firearm rights restored. The court will also look at how much time has passed since the person’s conviction. If it has been many years and the person has stayed out of trouble, they will have a better chance. But if the conviction was recent or the person has had other problems with the law, the court may decide that they should not be trusted with a firearm.
Even for those who are eligible, the process of getting firearm rights restored can take a long time. It involves paperwork, hearings, and legal arguments. It is not something that can happen overnight. People trying to restore their rights need to be patient and prepared for a complicated process.
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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.
Common Misunderstandings About Firearm Possession Laws
Many individuals facing charges for firearm possession as a convicted felon in Ohio may not fully understand the legal boundaries of the law. For example, some believe that owning a firearm for self-defense is permissible if they have served their sentence or completed probation. Unfortunately, this is not the case under Ohio law. Unless your rights have been legally restored, any possession of a firearm is considered a violation.
Others may unknowingly possess a firearm because it was left in a vehicle, home, or other location they had access to. In these cases, proving that you did not knowingly possess the firearm can be critical to your defense. Ohio law considers factors such as intent and control when determining whether someone has violated the restrictions. These gray areas highlight the importance of having a strong legal defense to navigate the complexities of these charges.
Legal Options for Restoring Firearm Rights
For some individuals, it may be possible to have their firearm rights restored in Ohio. This process typically involves obtaining a certificate of relief from disability, which lifts the restriction on owning or possessing firearms. To qualify, an individual must meet certain criteria, including having completed their sentence and demonstrating that they are not a danger to public safety.
The process of obtaining a certificate of relief from disability can be complex and requires thorough preparation. This includes gathering evidence of rehabilitation, good character, and a law-abiding lifestyle since the felony conviction. While this process is not available to everyone, it is an important avenue to explore for those who wish to regain their rights.
Building a Strong Defense Against Firearm Possession Charges
If you are facing charges for firearm possession as a convicted felon, the strength of your defense will play a significant role in the outcome of your case. A skilled attorney will carefully examine the circumstances surrounding the charges, including how the firearm was discovered and whether your rights were violated during the investigation.
Challenging the evidence against you is a critical aspect of building a strong defense. For example, if law enforcement conducted an unlawful search or seizure, it may be possible to have evidence suppressed and charges reduced or dismissed. Additionally, your attorney may explore whether the possession of the firearm was accidental or whether you lacked the intent to possess it.
Each case is unique, and a tailored approach is essential to achieving the best possible outcome. An experienced legal team can identify weaknesses in the prosecution’s case and advocate for your rights at every stage of the process.
Potential Impact on Your Future
A conviction for firearm possession as a convicted felon in Ohio can have far-reaching consequences beyond the immediate penalties. In addition to the possibility of incarceration and fines, a conviction can lead to the loss of employment opportunities, housing challenges, and damage to personal relationships. The stigma of another conviction can make it difficult to rebuild your life and move forward. These long-term effects underscore the importance of addressing your case with a strategic and proactive approach. Every effort must be made to minimize the impact of these charges on your future and protect your ability to lead a productive and fulfilling life.
The Role of Intent and Circumstances in Building a Defense
Intent and the circumstances surrounding the case can also play an important role in the defense strategy. If the firearm was discovered under unusual or unclear circumstances, the defense might argue that the accused did not intend to possess the firearm. For instance, if the firearm was left in a car or home that the accused had access to but did not own, proving intent can be challenging for the prosecution.
In other cases, the defense might argue that the firearm was necessary for protection due to a specific threat. While this defense is rare, it can apply in situations where the accused can show that their actions were driven by a legitimate fear for their safety. These cases require strong evidence to support the claim, such as documentation of threats or evidence of an immediate danger.
Federal Law and Firearm Possession for Felons
It is also important to know that Ohio’s laws on firearm possession are not the only ones that convicted felons need to worry about. Federal law also has rules that prevent felons from having guns. In fact, federal law is often even stricter than state law. Under federal law, it is illegal for anyone who has been convicted of a felony to possess a firearm. This law applies to all felonies, not just violent crimes or crimes involving weapons.
One important thing to know is that even if someone manages to get their firearm rights restored under Ohio law, they might still be breaking federal law if they own a gun. This is a tricky area of law, and it is one of the reasons why it is so important for convicted felons to get legal advice if they are thinking about trying to restore their rights. They need to be sure that they are not just following state law, but federal law as well.
If you or someone you know has been convicted of a felony and is wondering about their rights when it comes to firearm possession, it is very important to get legal advice. Understanding Ohio’s laws can be difficult, especially when it comes to figuring out if and how you can get your firearm rights restored. At Sabol Mallory LLC, we are here to help. Our team understands the challenges convicted felons face and the importance of making sure they follow the law. We can provide the legal assistance needed to navigate Ohio’s laws and protect your rights.
If you are thinking about trying to get your firearm rights back, or if you have questions about your situation, contact Sabol Mallory LLC today. We can review your case, explain your options, and guide you through the process. Protecting your future is our top priority.
