Weapons Disability Relief

In Ohio, there are a number of things that can keep someone from being able to legally buy/own/possess a firearm, such as being mentally ill, having addiction issues, and - most commonly - being convicted of a violent or drug-related offense.  Someone falling into one of those categories is considered to have what's known as a "disability" for purposes of Ohio weapons laws.

Now, not only is someone with a "disability" prohibited from acquiring, owning, or having a weapon of any kind, but the penalties for getting caught with a weapon are more severe than those levied upon the non-disabled. 

Carrying Concealed Weapons ("CCW") is a first-degree misdemeanor in Ohio, which means it carries a maximum of 180 days in jail and/or $1,000 fine [If the gun is loaded or ammo is close at hand, though, the charge becomes a felony of the fourth degree ("F-4"), which is 6-18 months and/or $5,000 fine].

If a person has a "disability" and is caught with a weapon, it gets much worse - regardless of whether the weapon is loaded, Having Weapons While Under Disability (O.R.C. §2923.13) is a F-3, with a possible sentence of 9 to 36 months in prison and/or up to a $10,000 fine.  All for simply having a gun.

To illustrate, let's say John, at age 18, is caught with a small amount of cocaine, and is convicted of F-5 possession.  Fast forward 20 years.  John has a good job, nice house, and great family.  However, there has been a rash of break-ins in their neighborhood, with the latest being right next door.  John wants to buy a gun to protect his family, BUT he has a drug-related conviction on his record (a "disability") and therefore cannot buy one.

So is John out of luck because of one stupid decision he made as a young man?

Maybe Not...

In Ohio, a person with a "disability" can seek relief from the common pleas court in the county where the person lives.  By filing a motion (containing the necessary information as required by the statute - O.R.C. §2923.14), a person can begin the process of (hopefully) getting the "disability" removed.

Keep in mind that this process is adversarial in nature (meaning the government will oppose the motion and do its best to keep the petitioner saddled with the "disability"), so it's probably not a bad idea to talk to a lawyer.

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