Transporting or owning a firearm in Ohio comes with legal responsibilities, and for some individuals, the law imposes strict restrictions. If you are under a “weapons disability” in Ohio, you are legally prohibited from acquiring, possessing, or using a firearm. This disability can result from prior convictions- either a felony drug offense or an offense of violence, mental health rulings, or issues related to substance use. Fortunately, there are legal remedies that may allow you to regain your rights, and working with an experienced firearm restoration attorney can be a vital step in that process.
What creates a firearm disability?
Ohio Revised Code § 2923.13 outlines the conditions under which a person may be classified as under a weapons disability. Individuals fall into this category if they have been convicted of a felony drug offense or an offense of violence, are fugitives from justice, are considered drug-dependent or chronic alcoholics, or have been adjudicated mentally incompetent or previously committed to a mental institution. These individuals are not legally allowed to possess or use firearms, and violating this statute can result in a third-degree felony called Having Weapons Under Disability, with penalties including up to 36 months in prison and steep fines.
Expunging a Record to Regain Firearm Rights
If your restriction is based on a past criminal conviction, one option for relief is to have that record expunged. Expungement and sealing are two different legal remedies in Ohio and have different eligibility requirements. Sealing a record will not restore firearm rights, but expungement will. If you are eligible to seal a record only, you will also have to file something called a firearm restoration petition which will be discussed later in this blog. Ohio law allows for certain convictions to be expunged or sealed after the sentence has been completed and a designated waiting period has passed. The process involves filing a formal application with the court, demonstrating your rehabilitation, and sometimes appearing at a hearing. A firearm restoration attorney can help assess whether your specific charge qualifies under Ohio’s statutes and guide you through the required steps. Not all offenses are eligible—those involving domestic violence or particular sex crimes, for instance, are generally excluded—but for many, expunging a record can open the door to reinstating firearm privileges.
Petitioning for Relief From Disability
Another legal path available is petitioning the court for relief from disability. You will need to prove that you’ve completed all sentencing requirements, have demonstrated a consistent pattern of law-abiding behavior, and that the nature of your past offense no longer justifies restricting your access to firearms. The court will evaluate your request and may also consider any objections from the prosecuting attorney. Here again, an expungement attorney can help gather the necessary documentation, prepare your petition, and represent you in court to present your case as persuasively as possible.
Weighing the Broader Legal Implications
In both approaches—whether through expunging your record or requesting relief—it’s essential to understand the broader implications with the help of an expungement attorney who understands both state and federal firearm regulations.
Avoiding Setbacks That Undermine Your Petition
Your daily behavior can also influence your ability to restore your rights. For example, continuing to misuse alcohol or drive while intoxicated may put you at risk of new charges, which could delay or entirely derail your petition. According to the National Highway Traffic Safety Administration (NHTSA), with a Blood Alcohol Concentration (BAC) of .08, muscle coordination, judgment, and reasoning become impaired. Activities like these can lead to further convictions that reinforce your disability status.
Ultimately, pursuing a petition to remove your weapon disability is about more than gun ownership—it’s about demonstrating rehabilitation, taking responsibility for past actions, and reestablishing your full rights as a citizen. Contact AJLJ Law today to speak with a skilled expungement attorney.
