What Misdemeanors Disqualify You from Owning a Gun in Ohio?
In Ohio, possessing a firearm is a fundamental right, but it also comes with significant responsibilities and restrictions. The state has enacted laws to ensure that those who own or possess guns are trustworthy and not prone to violent behavior. When it comes to misdemeanors, some can disqualify an individual from owning a gun in Ohio.
What Misdemeanors Disqualify You from Owning a Gun in Ohio?
Domestic Violence Misdemeanors
In Ohio, a conviction for domestic violence under Ohio Revised Code (ORC) Section 2919.25(A) will disqualify an individual from owning a gun. This provision applies to individuals who have a prior conviction for domestic violence, which includes any form of physical harm, attempted physical harm, or unwanted touching.
Breach of Restraining Order or Protection Order Misdemeanors
A conviction for breach of a restraining order or protection order under ORC Section 2919.25(B) will also disqualify an individual from owning a gun in Ohio. This provision applies to individuals who have been found guilty of violating a valid restraining order or protection order.
Misdemeanor Assault or Assault by Threat
A conviction for misdemeanor assault under ORC Section 2903.13(A) or assault by threat under ORC Section 2903.12(B) will disqualify an individual from owning a gun in Ohio. These provisions apply to individuals who have committed an assault with the intent to cause harm or who have threatened an individual with harm.
Misdemeanor Violent Offenses
Several misdemeanor violent offenses will disqualify an individual from owning a gun in Ohio. These offenses include:
• Misdemeanor battery under ORC Section 2919.13(A)
• Misdemeanor disorderly conduct under ORC Section 2917.11(A) if it involves the use or attempted use of force against another
• Misdemeanor stalking under ORC Section 2913.12
Other Misdemeanors that May Disqualify You from Owning a Gun in Ohio
In addition to the aforementioned misdemeanors, the following may also disqualify an individual from owning a gun in Ohio:
• Misdemeanor drug trafficking under ORC Section 2925.03(A)
• Misdemeanor drug possession under ORC Section 2925.11(A) with intent to distribute or deliver
• Misdemeanor drug-related reckless behavior under ORC Section 2925.14(A)
Can You Own a Gun If You Have a Misdemeanor Conviction on Your Record?
It is possible to own a gun in Ohio if you have a misdemeanor conviction on your record, but only if you have received expungement for the conviction. Expungement is the process of sealing or destroying criminal records, making it easier to obtain employment, education, or housing. To receive expungement, an individual must meet specific criteria, including:
• Completion of the sentence, including any probation or parole terms
• No additional felony or misdemeanor convictions during a specified period
• Evidence of rehabilitation and good character
Table: Disqualifying Misdemeanors in Ohio
| Misdemeanor Conviction | Disqualification Criteria |
|---|---|
| Domestic Violence | ORC Section 2919.25(A) |
| Breach of Restraining Order or Protection Order | ORC Section 2919.25(B) |
| Misdemeanor Assault | ORC Section 2903.13(A) or 2903.12(B) |
| Misdemeanor Violent Offenses | ORC Sections 2919.13(A), 2917.11(A), 2913.12, and 2925.03(A) |
| Misdemeanor Drug Trafficking | ORC Section 2925.03(A) |
| Misdemeanor Drug Possession | ORC Section 2925.11(A) with intent to distribute or deliver |
Conclusion
In conclusion, Ohio has strict laws regarding the possession of guns, and certain misdemeanors can disqualify an individual from owning a firearm. It is essential to understand the disqualifying factors and to seek legal counsel if you have been charged with a misdemeanor that may impact your ability to own a gun. By educating yourself on the laws and regulations surrounding gun ownership, you can ensure that your rights are protected while promoting public safety in the Buckeye State.
