What Disqualifies You from Owning a Gun in Ohio?
The Second Amendment to the United States Constitution guarantees the right to bear arms, and Ohio law allows citizens to own firearms for self-defense, hunting, and recreational purposes. However, Ohio has specific laws and regulations that determine who can own a gun and who is prohibited from doing so.
Legal Prohibitions
The Ohio Revised Code (ORC) section 2923.13 lists the individuals who are prohibited from owning or having a gun in Ohio. The following are some of the legal prohibitions that disqualify you from owning a gun in Ohio:
• Convictions: Certain convictions can make you ineligible to own a gun. These convictions include:
- Violent crimes such as murder, assault, and domestic violence
- Drug-related crimes, including drug trafficking and possession
- Crimes against children, including child endangerment and sex offenses
- Fraudulent use of credit cards or theft
• Mental Health: If you have been adjudicated as mentally incompetent by a court, you are prohibited from owning a gun. This includes individuals with a history of mental illness, bipolar disorder, depression, and other mental health conditions that may impair judgment or increase the risk of harm to oneself or others.
• Felony or Misdemeanor Convictions: If you have a felony or misdemeanor conviction related to domestic violence, you are prohibited from owning a gun.
• Court Orders: A court may issue an order prohibiting an individual from possessing or purchasing a gun. This includes orders related to domestic violence, stalking, or restraining orders.
Disqualifying Circumstances
In addition to legal prohibitions, certain circumstances may disqualify you from owning a gun in Ohio. These circumstances include:
• Diversion: If you are placed on diversion for a felony or misdemeanor charge, you are prohibited from owning a gun.
• Community Control: If you are placed on community control or probation, you may be prohibited from owning a gun, depending on the specific terms of your probation.
• Criminal Convictions while Under Age 18: If you have been convicted of a felony or misdemeanor while under the age of 18, you may be prohibited from owning a gun.
Application and Background Check Process
If you want to purchase or own a gun in Ohio, you will need to undergo a background check through the Ohio Concealed Carry Licensing System. The background check process is as follows:
• Application: Fill out the Ohio Concealed Carry License application and pay the required fee.
• Background Check: The Ohio Bureau of Criminal Identification and Investigation (BCI) will conduct a background check to determine whether you have any disqualifying factors.
• Verification: The BCI will verify your identity and check for any outstanding warrants or warrants for your arrest.
Table: Prohibited Activities
| Activity | Penalty |
|---|---|
| Knowingly transferring a firearm to a prohibited person | Class H felony (up to 4.5 years imprisonment) |
| Allowing a minor to handle or use a firearm without permission | Misdemeanor (up to 60 days imprisonment) |
| Violating a court order related to a firearm | Contempt of court |
| Convicting another of a crime using a firearm | Class 4 felony (up to 5 years imprisonment) |
Conclusion
Owning a gun in Ohio requires adhering to strict laws and regulations. Before applying for a concealed carry license or purchasing a firearm, ensure you meet the eligibility criteria and are aware of the disqualifying circumstances that may prevent you from owning a gun. If you have any doubts or questions, consult with the Ohio Attorney General’s office or a licensed attorney.
