Moving Past a Criminal Record: Restoring Your Right to Own a Gun in Ohio
October 27, 2020
When an individual seeks to restore their right to own a firearm, they are not doing so to commit a crime—criminals do not care whether their firearm ownership is legal, and do not bother using the courts to regain the right to own a gun. People restore their right to own a gun for a variety of reasons, including hunting, personal protection, target shooting, and investment. Americans also have the Constitutional right to own a firearm—mistakes from your past should not prevent you from enjoying your Second Amendment rights.
Fortunately, Ohio Revised Code section 2923.14 permits many Ohio residents an opportunity to restore their Constitutional right to own a gun by applying to the court of common pleas in the county they live in. In order to qualify to ask the court to restore your right to own a gun, you must have completed your sentence and no longer be on probation, parole, or court supervision. In addition, you must have led a law abiding lifestyle since the conviction which led to having your Second Amendment rights taken away. Although a subsequent conviction will not disqualify you, it will make getting your firearm rights more difficult to restore.
Generally, the court will look at a number of factors in making its decision to restore your firearm rights, including: the age and seriousness of your conviction, your criminal history, whether you have lead a law abiding lifestyle, and whether restoring your firearm rights are in the public’s interest.
Since the passage of Ohio Senate Bill 247, successfully restoring your right to own a firearm under Ohio law will also restore your federal right to purchase, own, and possess a firearm, which is a very important development in Ohio firearm law. If you are able to successfully restore your Ohio firearm rights, the court will notify the Ohio Department of Public Safety and the FBI that your firearm rights have been restored, and you should be able to legally obtain and possess a firearm without issue.
This process can be difficult to navigate, and failing to do so correctly will prevent you from attempting to do so again for two years. This is why having an experienced attorney to guide you through the Ohio firearm rights restoration process is so important. The first step in restoring your right to own a gun is simply to take our free, confidential Eligibility Test to see if you qualify. If you would prefer to speak with one of our Criminal Records Analysts, please just give us a call toll free at (844) 947-3732.
Related Content: Ohio Firearm Rights Restoration
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If you have a criminal record, you could be prohibited from buying a gun. The National Instant Criminal Background Check System (NICS) is the federal system that federal firearms licensees (FFL) such as gun shop owners, pawn shop owners, and retailers use to determine whether a person is legally permitted to purchase a firearm.Read More