Firearm Restoration

In the Cleveland and Akron, Ohio Areas

Firearm Restoration in the Cleveland and Akron, Ohio Areas

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.

There Are Two Ways to Remove the Disability.

DUI/OVI

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.

Assault

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.

Additionally, understanding the nuances of the legal process involved in restoring firearm rights is crucial. Each case is unique, and the court will closely scrutinize the petitioner’s history and behavior post-conviction. Factors such as the nature of the original offense, any subsequent criminal activity, and the individual’s overall conduct in society will play a significant role in the court’s decision. A comprehensive and well-prepared petition can greatly enhance the chances of a favorable outcome.

Moreover, engaging an experienced attorney can provide invaluable support throughout this process. An attorney can help gather and present evidence of rehabilitation and good character, such as testimonials from employers, community leaders, and family members. They can also ensure that all procedural requirements are met and provide representation during court hearings. This professional guidance can make a substantial difference in navigating the complexities of the legal system and in advocating effectively for the restoration of firearm rights.

In summary, while the process of restoring firearm rights after a felony conviction in Ohio can be challenging, it is not insurmountable. By understanding the legal avenues available, preparing a thorough and compelling petition, and seeking skilled legal representation, individuals can work towards regaining their Second Amendment rights. It’s essential to approach this process with diligence and to leverage all available resources to present the strongest possible case to the court.

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