The Second Amendment to the US Constitution guarantees the rights of citizens to own and carry firearms. The Constitution of the State of Ohio also guarantees firearms rights by declaring that “[t]he people have the right to bear arms for their defense and security…”
But, under some circumstances, a person’s rights to own and possess firearms can be restricted. If any of these circumstances apply to you, under Ohio statutes, it may be possible to have your firearms rights restored. This website is a resource to help you find local legal representation to review the facts of your case, to determine if restoration of your firearm rights is possible and to provide legal services to obtain restoration. Mistakes in your past that have been rectified should not prevent you from exercising your firearms rights. Here is a quick guide to firearm rights restoration in Ohio.
Under Section 2923.13 of the Ohio Revised Code, persons are banned from “knowingly” acquiring, having, carrying, or using any firearm – or “dangerous ordnance” – under the following circumstances:
(1) If the person is a fugitive from justice
(2) If the person is under indictment for or has been convicted of any felony offense of violence
(3) If the person is under indictment for or has been convicted of any felony offense involving the illegal possession, use, sale, administration, distribution, or trafficking in any drug of abuse
(4) If the person is drug dependent, in danger of drug dependence, or a chronic alcoholic
(5) If the person is under adjudication of mental incompetence, has been adjudicated as a mental defective, has been committed to a mental institution, has been found by a court to be a mentally ill person subject to court order, or is an involuntary patient other than one who is a patient only for purposes of observation
Under Ohio’s statutory scheme, the persons listed above are considered “under disability” with respect to their right to own and bear arms. Note that, under Ohio statutes, firearms rights are also restricted for minors who are convicted, if the offense for which the minor was convicted would have been a felony offense of violence if committed by an adult.
As with most statutes restricting firearms rights, it is itself a felony crime to violate the restrictions set forth above. In Ohio, knowingly acquiring, having, carrying, or using any firearm or dangerous ordinance while a person is “under disability” is a felony of the third degree. See Ohio Rev. Stat. 2923.13(B) and State v. T.J.D. discussed below.
Restoration of firearms rights is governed by Section 2923.14 of the Ohio Revised Code. In general, where a criminal conviction is the basis for gun rights restrictions, to seek restoration, a person must file a petition with a local Ohio state court seeking relief from firearms disability. To be granted, the following conditions must apply:
If the gun rights restrictions are based on drug-related issues or mental capacity determinations, then like the above circumstances, a petition must be filed seeking restoration of rights. To be granted, the following conditions must apply:
In Ohio, a hearing must be conducted on any petition filed to obtain relief from a disability with respect to firearms rights. Generally, the applicant appears at the hearing, testimony is heard and other evidence is presented. An evidentiary hearing is mandatory particularly where it is requested by the applicant. See In Re Parks, 2021 Ohio 1258 (Ohio Court of Appeals, 11th Appellate Dist., April 12, 2021).
If the applicant for restoration is denied, the applicant can appeal to the State courts or file another application after two years have passed.
Under Ohio’s statutes, some firearms rights restrictions cannot be overcome by filing a petition for relief from disability. In other words, some convictions – or multiple convictions – will result in a lifetime ban on being able to exercise your firearms rights. Generally, anyone who has been convicted of or or who has pleaded guilty to a “violent felony offense” will have a lifetime ban. A large number of felonies are included within the definition of “violent felony offenses” including murder, manslaughter, aggravated assault, various violent sex crimes, kidnapping, aggravated arson, aggravated robbery and burglary, domestic violence, terrorism and more. In addition, a lifetime ban will apply to anyone convicted of two charges for various crimes like brandishing a weapon, use or possession of an automatic weapon with mufflers or suppressors, firing a weapon from a motor vehicle, discharging a weapon at a peace officer and more.
Aside from using the procedures set forth above, firearms rights in Ohio can be restored by obtaining a pardon from the Ohio Governor and having certain criminal records sealed and/or expunged. With respect to the latter, a case in point is State v. T.J.D., 156 NE 3d 322 (Ohio Court of Appeals, 2nd Dist. 2020). In that case, the defendant – identified only as “T.J.D.” – was indicted and convicted of possessing weapons while under a weapons disability. In 1989, T.J.D. was convicted of a drug-related felony. In 1994, upon petition, a court order was issued sealing the record of his 1989 conviction. In 2018, while investigating a domestic violence complaint, law enforcement officials discovered several firearms in T.J.D.’s residence. Because of the 1989 conviction, the State argued that T.J.D. was under a weapons disability pursuant to the statute discussed above. T.J.D. was indicted and convicted. On appeal, T.J.D. argued that he was not under a weapons disability because his 1989 conviction had been sealed. The Ohio Court of Appeals agreed holding that “… when T.J.D. had the record of his felony drug conviction sealed in 1994, the weapons disability that arose from [the 1989] conviction was relieved.” For this reason, the court overturned his 2018 conviction for possession of weapons while under disability.
If a conviction or something else in your past is inhibiting your ability to own and carry a firearm, you may benefit from the help of an experienced Second Amendment-focused attorney. FirearmRights.net can help you find attorneys in your area that can provide advice and legal counsel. This website has been developed by firearm rights attorneys with extensive experience in protecting Second Amendment rights. Our goal is to support the firearm community by restoring the rights of people who deserve them.
Click on the “Restore Your Rights” tab to be connected with a dedicated attorney in your area who can review the facts of your case and start the journey to reclaiming your second amendment rights.
