Can a non violent felon carry a gun in Ohio?

Can a non-violent felon carry a gun in Ohio?

Ohio is one of the states with strict gun laws, and the answer to this question is not straightforward. While a non-violent felon may be prohibited from possessing a firearm under federal law, the answer to this question is still unclear under Ohio state law.

Federal Law

Under federal law, a person who has been convicted of a felony, including non-violent offenses, is prohibited from possessing a firearm. This is because federal law defines a "felon in possession" as anyone who has been convicted of a felony, whether violent or non-violent, and who possesses a firearm.

Ohio State Law

Ohio state law, on the other hand, is more nuanced. Ohio Revised Code (ORC) § 2923.13 prohibits the possession of a firearm by a person who has been convicted of a felony, including non-violent offenses. However, there are several exceptions to this rule:

• Exceptions: A non-violent felon can petition the court to restore their right to possess a firearm after 20 years have passed since the completion of their sentence.
• Clemency: A non-violent felon can also seek clemency from the Governor, which would restore their right to possess a firearm.

What are Non-Violent Felonies?

Under Ohio law, non-violent felonies are those that do not involve the use of violence or the threat of violence. Some examples of non-violent felonies in Ohio include:

• Theft: theft of property worth $250 or more, but not exceeding $7,500
• Forgery: forgery of a check, draft, or other instrument
• Fraud: fraud or deception committed in connection with a transaction
• Drug Offenses: drug trafficking, drug possession, or drug-related offenses that do not involve violence

When Can a Non-Violent Felon Carry a Gun in Ohio?

Based on the above exceptions, a non-violent felon can carry a gun in Ohio under the following circumstances:

• 20-Year Waiting Period: after 20 years have passed since the completion of their sentence, they can petition the court to restore their right to possess a firearm.
• Clemency: if they receive clemency from the Governor, they can restore their right to possess a firearm.

Important Considerations

It’s important to note that even if a non-violent felon meets the above exceptions, there are still other considerations that may affect their ability to carry a gun in Ohio:

• Local Ordinances: some municipalities in Ohio have their own ordinances that prohibit the possession of firearms by non-violent felons.
• Background Checks: even if a non-violent felon is allowed to possess a firearm under state law, they may still be subject to background checks and other requirements.
• Gun Owners’ Permits: some non-violent felons may still be eligible for a gun owner’s permit, which would allow them to possess a firearm, but this would require approval from the sheriff or chief of police.

In Conclusion

In conclusion, while a non-violent felon may be prohibited from possessing a firearm under federal law, the answer to this question is still unclear under Ohio state law. However, a non-violent felon can petition the court to restore their right to possess a firearm after 20 years have passed since the completion of their sentence, or seek clemency from the Governor. It’s important for non-violent felons to consult with an attorney to understand their rights and obligations under Ohio law.

Table: Exceptions to Ohio’s Prohibition on Possessing Firearms

Bullets List: Important Considerations

• Local ordinances
• Background checks
• Gun owners’ permits