In Ohio, a conviction for a felony offense of violence or a felony drug offense will place an individual under a firearm disability meaning they are unable to lawfully own, acquire, or possess a firearm. For example, a conviction for felony drug possession or aggravated assault would put an individual under this disability compromising second amend rights to bear arms.
First, if the offense is eligible to be sealed or expunged, doing so will remove the disability. Generally, felony drug offenses are eligible to be sealed and expunged, so long as they are not felonies of the first or second degree. However, no offenses of violence are eligible to be sealed.
To restore firearm rights as to an offense of violence, a petition will need to be filed with the Court pursuant to R.C. 2923.13. Relevant considerations a court will consider are whether you are fully discharged from all requirements of your case, i.e., probation or post release control, and the length of time that has elapsed since your last conviction, whether you have led a law-abiding life since the conviction, and whether you are not otherwise ineligible to have a firearm.
It’s important to have a lawyer skilled at these petitions because even if someone is eligible under the statute to have firearm rights restored, the prosecutor still has the right to object, and the court still have discretion to deny a petition. It’s highly important to build the right type of petition to put before the court.
If you’ve been charged in a criminal case, contact AJLJ today. Our lawyers will discuss your needs the same day you call.