Can a Felon Own a Gun in Ohio?
As a convicted felon, navigating the laws regarding gun ownership can be daunting. Ohio Revised Code (ORC) section 2923.13 addresses the legality of gun possession for felons. According to ORC, felons are not allowed to possess firearms unless they obtain a written approval from a judge and the Attorney General.
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What Constitutes a Felon in Ohio?
To determine whether an individual is considered a felon in Ohio, it is essential to understand the definition of a felony under the state’s criminal laws. Felonies are generally considered serious crimes that can carry imprisonment sentences of over one year.
In Ohio, felons are divided into three categories:
1. Unclassified Felonies: These are severe crimes such as murder, rape, or aggravated assault.
2. Specified Crimes of Violence: These include crimes like attempted murder, domestic violence, and illegal weapon possession.
3. Drug Felonies: These encompass crimes related to drug offenses, including possession, sale, or manufacturing of drugs.
If you have been convicted of a felony crime, it’s crucial to understand that owning a firearm in Ohio without proper documentation is a violation of ORC and punishable by law.
Background Check Requirements in Ohio
For individuals in Ohio, including felons, a thorough background check is essential when purchasing or possessing firearms. National Instant Criminal Background Check System (NICS) handles the majority of background checks. Licensed firearms dealers and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) closely monitor NICS to verify whether potential gun owners are legally entitled to possess a firearm.
However, since felons are prohibited from owning guns under ORC, it’s crucial for them to provide documentation granting them the permission to do so.
Documentation for Felons
To acquire the required written approval for gun ownership as a convicted felon, you need to obtain an order from a court and permission from the Ohio Attorney General.
To pursue this permission, a convicted felon would need to submit a motion to the court, specifying their interest in owning or possessing a firearm. A hearing is scheduled, during which the individual must prove to the judge that it would not pose a substantial risk to the public, including victims and law enforcement.
After securing the order from the judge, a written permission form must be completed by the Attorney General, ensuring compliance with NICS background check requirements. Once all legal requirements have been fulfilled, the felony-convicted individual is authorized to purchase or own a firearm.
Exemptions in Ohio for Gun Ownership by Felons
Some exceptional circumstances where felons in Ohio can own firearms with proper clearance include:
1. 30 years after Felony Conviction: The 10th Amendment Foundation successfully fought to pass legislation (SB184) permitting convicted felons to legally own and carry firearms in Ohio 30 years after completing their sentence or probation period, provided the individual does not have an active court-ordered stay or is currently under legal proceedings for gun-related infractions.
2. Self-Defense: Although self-defense may not negate the initial conviction, law enforcement often consider it in conjunction with any subsequent violations, providing additional context. If you can demonstrate genuine fear and proper use of self-defense as a victim, law enforcement may re-evaluate their stance and provide further consideration.
Keep in mind that these exceptions do not excuse the conviction but serve as a rare pathway to acquiring legal authority for firearm possession.
Implications of Violating Ohio Gun Laws for Felons
While it might be challenging to navigate gun laws for convicted felons, failing to comply or misinterpreting the legislation can have serious consequences, including:
- Re-arrest: Failure to adhere to strict gun law requirements and maintaining a possession permit while not legally permitted to own or possess firearms may lead to re-arrest.
Table: Gun Possession in Ohio – What You Should Know
| Possession Method | Consequence of Non-Compliance |
|---|---|
| Buying/Possessing firearms as a convicted felon without documentation | Re-arrest |
| Falsely obtaining legal clearance (permission form or court order) | Conviction |
It’s crucial to remain vigilant regarding these laws to avoid re-incarceration.
Final Thoughts and Resources
The laws in Ohio surrounding firearm ownership by convicted felons are precise and rigorous. Failure to abide by these requirements may have severe and far-reaching legal consequences.
Before engaging in any transaction or acquisition, it’s essential to thoroughly understand these laws. It is vital to seek legal consultation with experienced attorneys knowledgeable in the gun laws specific to your state.
Keep in mind the following helpful resources for clarification:
• Ohio Attorney General Website: Find specific information about firearm possession permits and Ohio Revised Code related to convicted felons.
• National Shooting Sports Foundation: Consult industry-expert documentation on the implications of the NICS Act and OH firearm regulations for convicted felons.
While owning firearms can be challenging for those with criminal backgrounds, recognizing the intricate legislation and abiding by regulations can greatly benefit a convict’s compliance with law.
