GUN RIGHTS RESTORATION

Protection orders include orders issued during court hearings. This includes agreed entries during a divorce or dissolution whereby an order is entered in the record for a party to refrain from harassing, stalking, or threatening, or other language that restrains one from conduct that would place an intimate partner or their child in reasonable fear of bodily harm.

Any gun owner who has purchased a firearm from a licensed dealer is very familiar with the ATF form 4473 – the extensive background questionnaire that is required by federal law. Unfortunately, though the background check program is very good, it is not foolproof. If you have been improperly “denied,” or “delayed,” there are legal ways to find and correct errors in your NICS criminal record. Let us help you “clear your name” and resolve those problems.

There are many reasons why one’s criminal background check could have errors or omissions.

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Restoring Second Amendment Rights in Ohio

In Ohio, gun rights restoration embraces an important legal mechanism that provides guidance from a lawyer to those who have lost their firearm privileges due to felony criminal convictions (and various other reasons).

This particular legal mechanism is governed by specific laws and requires astute maneuvers through the legal system to restore the gun rights of those affected.

 

Understanding Firearm Disability

In Ohio, a “firearm disability” refers to the prohibition of an individual from owning or even using firearms. This can occur due to various reasons, most commonly as a result of a felony conviction and also certain misdemeanors.

 

The Ohio Revised Code (ORC) Section 2923.13  states that "No person shall knowingly acquire, have, carry, or use any firearm or dangerous ordnance, if any of the following apply:

(1) The person is a fugitive from justice.

(2) The person is under indictment for or has been convicted of any felony offense of violence or has been adjudicated a delinquent child for the commission of an offense that, if committed by an adult, would have been a felony offense of violence.

(3) 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.

(4) The person has a drug dependency, is in danger of drug dependence, or has chronic alcoholism.

(5) The person is under adjudication of mental incompetence, has been committed to a mental institution, has been found by a court to be a person with a mental illness subject to court order, or is an involuntary patient."

 

Key Steps in Gun Rights Restoration

Eligibility Check: Ensure that you meet the basic eligibility criteria, such as completing your sentence and having no pending criminal charges.

Application Submission: File a petition with the court of common pleas. This petition should include details of your conviction, evidence of rehabilitation, and reasons why your firearm rights should be restored.

Court Hearing: The presentation of your gun rights restoration case. The court generally will focus on an individual's rehabilitation, recent behavior, and criminal history.

Court Decision: After hearing all evidence, and if the court is convinced that said individual is again fit to have their gun rights restored, the court will implement an order to that effect.

 

Factors Considered by the Court

When deciding whether to restore firearm rights, the court will consider:

The nature and severity of the original offense.

The time elapsed since the conviction.

Other legal irregularities, such as unpaid fines etc.

Evidence of rehabilitation and good behavior.

 

Gun rights restoration in Ohio requires a clear demonstration of rehabilitation. For those who have shown a commitment to lawful behavior, this process offers a path to reclaiming their Second Amendment rights.