RESTORING YOUR FIREARM RIGHTS IN OHIO

Take Back Your Rights

Restoring your Second Amendment rights to own a firearm can be a difficult, complex process. Many states don’t allow you to restore your firearm rights, or they restore them so infrequently that it doesn’t really matter. Fortunately, that’s not Ohio! Ohio provides two different ways to restore your firearm rights, and they restore them often.

The preferred method of restoring your Second Amendment rights in Ohio is to have your record sealed. Sealing your conviction often restores your firearm rights, while also removing your criminal record from public view and most background checks. If you can’t seal all the convictions that are restricting your firearm rights, you may qualify to use Ohio’s firearm rights restoration process outlined in ORC 2923.14. Sealing convictions is covered in detail on our Sealing Convictions in Ohio page, so we will focus on using Ohio’s other method here.

This Information Is For You

Since the majority of people reading this aren’t lawyers, we’ve tried to simplify the legal jargon on our website, so regular people may follow along and get the information needed to understand their rights. However, before we get started, we should be clear that some of this information can get complicated, and, in many cases, it’s best to seek the assistance of an experienced lawyer.

To help you understand your rights, our lawyers have developed a tool that can be helpful in figuring out your options. This tool can’t be perfectly accurate in every situation, but our lawyers have invested substantial time and resources working to make it as accurate as possible.

You can get started by using our Secure Eligibility Test, or you can give us a call at (844) 947-3732 to see if our legal staff is available for a free consultation. Be aware that our staff is often busy with current clients and a high volume of calls and appointments. If you’re serious about getting rid of your record, your best bet is to take our secure, confidential Eligibility Test and then schedule an appointment to discuss your results and options.

Can You Get Your Second Amendment Rights Back?

The legal requirements to qualify to have your firearm rights restored in Ohio are primarily contained in ORC 2923.14, including:

• General Requirements to Restore Your Second Amendment Rights in Ohio

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  • Your firearm rights must have been taken away due to the violent offenses listed below, or due to a felony drug offense
  • You cannot have any pending criminal charges or criminal proceedings such as being on probation
  • You cannot have a conviction on your record for Use of a Firearm or Dangerous Ordnance by a Violent Career Criminal (ORC 2923.132)
  • You cannot have two or more convictions for any of the firearm-related offenses listed below
  • You must reside in the State of Ohio
  • You have led a law-abiding life since discharge or release, and appears likely you will continue to do so
  • Your criminal history and reputation make it unlikely that you’ll act in a manner dangerous to public safety and
  • Restoring your firearm rights would not be contrary to federal law or otherwise prohibited.

The first few requirements are straightforward, but, as you can see above, the remaining requirements are very subjective, and largely up to the judge’s discretion. Every county and judge interpret the requirements differently, but our law firm has had good success in having our client’s firearm rights restored using this process.

• Your Rights Were Taken Away for One of These Crimes

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  An interesting requirement for restoring your firearm rights using this process is that you must have had your firearm rights taken away for either: (i) an Offense of Violence; or (ii) a felony drug offense. If your firearms were taken away for another reason, you will need to attempt to restore your firearm rights by sealing your felony conviction. For more information on that process, please visit our page on Sealing Convictions in Ohio.

  Offenses of Violence and Felony Drug Offenses

  If your firearm rights were taken away because your record contains either an “Offense of Violence” or a Felony Drug Offense, you will satisfy this requirement. The following are all Offenses of Violence, as defined by ORC 2901.01(9):

  • Domestic Violence (ORC 2919.25) – a 4th Degree Misdemeanor does not count
  • Felonious Assault (ORC 2903.11), Aggravated Assault (ORC 2903.12), or Assault (ORC 2903.13) – Misdemeanor Assault does not count
  • Aggravated Robbery (ORC 2911.01) or Robbery (ORC 2911.02)
  • Aggravated Burglary (ORC 2911.11)
  • Aggravated Murder (ORC 2903.01) or Murder (ORC 2903.02)
  • Rape (2901.01) or Sexual Battery (ORC 2907.03) or Gross Sexual Imposition (ORC 2907.05)
  • Voluntary Manslaughter (ORC 2903.03) or Involuntary Manslaughter (ORC 2903.04)
  • Endangering Children (ORC 2901.22)
  • Permitting Child Abuse (ORC 2903.15)
  • Aggravated Menacing (ORC 2903.21) or Menacing by Stalking (2903.211) or Menacing (2903.22)
  • Kidnapping (ORC 2903.01) or Abduction (ORC 2905.02) or Trafficking in Persons (ORC 2905.32)
  • Extortion (2905.11)
  • Aggravated Arson (ORC 2909.02) or Arson (ORC 2909.03)
  • Terrorism (ORC 2909.24)
  • Inciting Violence (ORC 2917.01)
  • Aggravated Riot (ORC 2917.02) or Riot (ORC 2917.03)
  • Inducing Panic (ORC 2917.31)
  • Intimidation (ORC 2921.03 or ORC 2921.04)
  • Escape (ORC 2921.34)
  • Improper Discharge of Firearm into Habitation (ORC 2923.161)
  • All Felony Drug Offenses

• Prohibited Firearm-Related Offenses

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  The following offenses are considered firearm-related offenses under ORC 2923.14(A)(2), and having two or more convictions for any of these offenses disqualifies you from restoring your firearm rights using this method:

  • Firearm on or about offender's person or under offender's control (ORC 2941.141)
  • Automatic firearm or firearm muffler or suppressor (ORC 2941.144)
  • Firearm displayed, brandished, indicated that offender possessed the firearm, or used it to facilitate offense (ORC 2941.145)
  • Firearm discharged from motor vehicle (ORC 2941.146)
  • Discharged firearm at peace officer or corrections officer (ORC 2941.1412)

• Federal Firearm Laws

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  Ohio law specifically requires that, to restore your firearm rights, the restoration cannot be “contrary to federal law.” It’s important to understand why your firearms were taken away, and whether you may have an issue with federal firearm laws that would prevent you from restoring your firearm rights.

  The Gun Control Act, codified at 18 U.S.C. § 922(g), makes it unlawful for certain categories of persons to ship, transport, receive, or possess firearms or ammunition, and includes any person:

  • who is a fugitive from justice
  • who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act, codified at 21 U.S.C. § 802)
  • who has been adjudicated as a mental defective or has been committed to any mental institution
  • who is an illegal alien
  • who has been discharged from the Armed Forces under dishonorable conditions
  • who has renounced his or her United States citizenship
  • who is subject to a court order restraining the person from harassing, stalking, or threatening an intimate partner or child of the intimate partner
  • who has been convicted of a misdemeanor crime of domestic violence.

  Convictions for misdemeanor domestic violence offenses prevent firearm right restoration under federal law in most states; however, a conviction for domestic battery in Illinois does not necessarily prevent you from restoring your rights. The intersection between state and federal firearm law is a complex subject, but we’re happy to talk with you in more detail.

Legal Effects of Restoring Your Firearm Rights

If your petition for relief under ORC 2923.14 is granted, your firearm rights should be restored under both Ohio and federal law. There are many different ways to have your firearm rights restricted under federal or Ohio law, and it is very important to understand why your rights were taken away before beginning this process. It should be noted that you can almost never restore firearm rights based on federal convictions.

Restoring firearm rights involves both state and federal law that should be handled by an experienced lawyer. The lawyers in our firm regularly handle complex firearm rights restoration issues, so a good first step in exploring whether you can restore your firearm rights would be to take our Secure Eligibility Test. Then, if appropriate, set up a time to speak with our legal staff about how to proceed.

What You Need to Do to Restore Your Firearm Rights

If you are tired of having a criminal record hold you back, reach out to us by taking our Secure Eligibility Test or by giving us a call at (844) 947-3732. Our law firm has helped thousands of people with criminal records move on in life, leaving many of the negative effects of a criminal record behind. Our experienced attorneys and legal staff are here to help you figure out what criminal record clearing services best fit your needs, and then help you accomplish your goals. Using our secure, confidential Eligibility Test is the best way to get the process started.

We Are Here to Help

Each of Ohio's methods for dealing with your criminal record have different requirements and are meant for different circumstances. To move forward, it’s important to determine what Ohio criminal record services are available to you, and then select the services that will provide the greatest benefit. Eastman Meyler, PC is here to help you navigate this very specific area of Ohio criminal law, fight to protect your rights, and assist you in moving forward in life without the effects of a Ohio criminal record.

You can trust that you will get exceptional service from our law firm, as we have an A Rating from the Better Business Bureau, and prestigious attorney rating services such as Thompson Reuters and Avvo list our attorneys as Super Lawyers and Superb Attorneys. Our law firm has attorneys licensed to practice law in all Ohio state courts, provides low price guarantees, and is here to fight for you and put your criminal record behind you!