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OHIO GUN RIGHTS RESTORATION
Restore Your Gun Rights
Ohio Gun Rights Restoration - Certain convictions, such as those related to domestic violence, felonies, and drug offenses, can result in the loss of your firearms rights. Additionally, having civil protection orders against you or other past incidents may also restrict your ability to possess firearms. Ignoring these restrictions can lead to serious consequences, including criminal charges and up to ten years in prison.
Fortunately, there are legal avenues available to Ohio residents to help restore gun rights. If you believe you are prohibited from owning firearms and wish to regain your Second Amendment rights, reach out to our experienced gun rights restoration attorneys. We specialize in helping individuals in Ohio navigate the legal process of restoring their firearm privileges.
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You may be deemed to be under a federal firearm disability, and therefore barred from buying a firearm, If any of the following factors apply to you, contact us to learn more about gun rights restoration:
Convictions in any court of a crime punishable by imprisonment for a term exceeding one year (Felonies)
Fugitives from justice
Unlawful users of or addicts to any controlled substances
Those adjudicated as a mental defective or who have been committed to a mental institute
One, being an alien, is illegally or unlawfully in the United States or have non-immigrant visas
Dishonorable discharge from the Armed Forces
One who has renounced their citizenship
Convicted of a misdemeanor crime of domestic violence (this includes various misdemeanors of violence regardless if termed domestic violence)
Those subject to protection orders or restraining orders.
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.
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If you’re a gun owner who has purchased a firearm from a licensed dealer, you’re likely familiar with the ATF Form 4473—a detailed background questionnaire required by federal law. While the background check system is generally effective, it’s not flawless. There are instances where individuals may be wrongfully “denied” or “delayed” in their attempts to purchase firearms due to errors in their NICS criminal record.
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Restoring Second Amendment Rights in Ohio
Gun rights restoration is a legal mechanism that can alleviate gun possession disabilities from those with felony convictions or other background classification issues. Gun rights restoration is governed by federal and state laws and requires astute maneuvers through the legal system to restore the gun rights of those affected.
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There are various reasons why a criminal background check may contain inaccuracies or omissions. If you’ve faced a wrongful denial or delay, we can assist in identifying and correcting these errors. Let us help you clear your name and resolve any issues with your background check, so you can move forward with your rights intact.
Restoring Second Amendment Rights in Ohio
In Ohio, gun rights restoration embraces an important legal mechanism that provides guidance from a gun restoration 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 Ohio 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 "Unless relieved from disability under operation of law or legal process, no person shall knowingly acquire, have, carry, or use any firearm or dangerous ordnance, if any of the following apply:
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The person is a fugitive from justice.
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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.
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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.
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The person has a drug dependency, is in danger of drug dependence, or has chronic alcoholism.
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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
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Eligibility Check: Ensure that you meet the basic eligibility criteria, such as completing your sentence and having no pending criminal charges.
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Application Submission: File a petition with the appropriate governing body. This petition should include details of your conviction, evidence of rehabilitation, and reasons why your firearm rights should be restored.
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Court Hearing: The presentation of your gun rights restoration case. The governing body generally will focus on an individual's rehabilitation, recent behavior, and criminal history.
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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.
Restoration Factors Considered
When deciding whether to restore firearm rights, the court will consider:
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The nature and severity of the original offense.
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The time elapsed since the conviction.
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Other legal irregularities, such as unpaid fines etc.
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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.
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NICS Denial
If you have applied to purchase a firearm and have been denied, you have been issued a National Instant Background Check System (NICS) denial, which is a matter we can help investigate.
Get Started on Your Ohio Gun Rights Restoration Application​
If you are ready to take back your 2nd Amendment rights and want to pursue the process of restoring your gun rights, Contact MLG today. Our experienced gun right restoration attorneys can guide you through the process of applying for and obtaining your 2nd amendment liberties guaranteed by the U.S. Constitution.
