Weapons Disability Relief

2/18/2013

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.

20 Comments

Jeremiah Hammel

10/17/2013 05:29:22 am

Thank you for the information. Your example of 18 year old John is very similar to my situation. Except I had a small amount of marijuana I agreed to sell half of it to a former work colleague who was with an undercover officer. If I would have known what a "felony" was or even the definition of the word I would not have excepted the advice of my public defender to plea bargain. Any information on who I can talk to to either expunge my conviction in Warren Co. or restore my rights thru Montgomery Co. would be appreciated. Thank you

Edward Borkowski

10/17/2013 07:25:03 am

hi jeremiah, thanks for your comment. you can send me an email at eb@borkowskilaw.com and i'll respond with the next steps for you to take

David Broeckel

11/22/2013 03:59:02 am

could you also send me the procedures. I also had the same circumstances 38 yrs ago, and would like to own a gun for home protection

Jim

2/13/2014 07:56:13 am

To what extent will O.R.C. §2923.14 restore the disability with respect to a Federal conviction? Will the NICS background check recognize O.R.C. §2923.14?

lana

8/27/2014 09:00:41 am

Just curious does this code also pertain to non violent felonies, my boyfriend has a coupl non violent felonies and has serve his time probation ect

9/9/2014 07:29:46 am

Hello. A person gets a firearm disability by being convicted of (a) a felony offense of violence (examples: felonious assault, aggravated robbery), or (b) a felony drug offense. Feel free to contact me with any other questions -

randall

4/6/2016 09:16:22 pm

1981 conviction of 2911.13 breaking and entering unoccupied, at this point 36 years later going thru expungement or sealing of record in ohio. just don't know if a 2923.14 is needed or not?how do i find out if a disability was attached to my crime? have i had gun rights the whole time and just didn't know it?

john mayer

10/31/2016 09:14:53 pm

one year ago, I filled for relief from disability to restore my fire arm rights. I was granted relief from my local courts to own, purchase and buy a firearm. Since my crime didn't give me a disability Revised Code ' 2923.13 the judge dismissed it, but gave me my rights back.(I'm trying to explain this the best as I can, I apologize) I recently applied for my ccw, which I am granted, on the conditions of the judge entering in his judgement. I am relief from disability. I have gone several times before the judge, and he says their is nothing he can do. A few years ago the laws changed, which must court systems don't know. Under federal law,(18 U.S.C. 922) anyone who has a felony can't buy or use a gun. But under state law, unless your crime is violent, you can posses a gun. Since federal is higher than state, federal over powers state on this issue and you can't possess a gun unless relief. In late 2006 atf release this statue to the local court systems to make the choice if a person shall have a weapon. Federal gave the rights to state. The problem I am having the judge has said, well since you have learned from your crime and have lived a law biding citizen, your state crime doesn't prevent you from having a disability, so I am dismissing that, but giving you your rights to own, buy a gun. But under federal law, I still have a disability. I need help getting this fixed. What I am trying to do is get my ccw, and the officer said ,this is a common problem with judges.

Brian

9/29/2014 03:59:24 pm

I had a f-5 for trafficking of an counterfeit substance. No jail time, just probation and fine. It's been 20 yrs. So I have a good chance on restoring my gun rights?

Michael

10/18/2015 09:41:34 pm

Just wonder if you be interested in representing me in Cincinnati OH regarding Relief of Disability.

john Marshall

1/18/2016 11:22:04 am

Would like more info on relief of a gun disability. I am now close to having the charge expunged

edward borkowski

1/19/2016 11:16:09 am

Hi thanks for contacting me. I'm happy to discuss this with you; you can reach me by phone (216) 395-7550 or email eb@borklaw.com

Jeff Ossman

2/17/2016 09:24:47 am

I am an ex-felon and will file a petition in June of this year in Franklin County Ohio for relief from weapons disability. June will be 5 years from discharge of post release control. Five years being a reasonable time period demonstrating a continued law abiding life which includes but not limited to becoming a Franklin County home owner; earning two associate degrees, one as a paralegal; joining the bar association and participating each year in state mock trial competition. I added some research notes each year since my release.
• O.R.C. § 2923.14 relief does not grant a person the right to own or carry a weapon anywhere but in Ohio, at the state level and relief does not obviate a violation of federal law.
• The 1968 Gun Act prohibits felons from owning/carrying weapons at the federal level. BATF lost the ability to review petitions before them to reinstate weapons rights when in October 1992, Congress, in its annual appropriations, has prohibited BATF from using appropriated funds to investigate or act upon applications for relief submitted by individuals. Convicted Texas felon:
Thomas Bean applied for relief and was informed by BTAF his application could not be processed. Bean appealed ((Bean v. BATF, 253 F.3d 234 (5th Cir. Tex. 2001)) stating inactivity is effect denial. The 5th Cir. agreed. However the US Supreme court unanimously reversed the 5th Cir. stating an actual decision is required for judicial review ((U.S. v. Bean, 537 U.S. 71, (2002)).
• My Federal argument is the BATF review and approval is not needed to restore gun rights where ((18 USC § 921(a)(20) and (a)(33)) does not consider a person convicted if they have had their civil rights restored. Most Ohio felons have all their civil rights restored except weapons rights upon release from discharge. Relief from weapons disability restores, as if it never happened with respect to 18 USC § 921(a)(20) and (a)(33 (the same way a pardon works), the federal right to bear arms because all civil rights will be restored at that time and having federal gun rights will supersede any other state from convicting on a weapon disability. (I have not seen this argued in any case law.)
I encourage any and all comments for or against my reasoning of restoration of gun rights in Ohio and Federal.

Germaine

3/1/2016 12:36:40 pm

Hello,I was released from a Ohio prison 9 years ago. The case was involutary manslaughter.(Accidental,No weapon involved.) Have not been in any trouble since I was released. Iwould like to get my 2nd Amendment rights restored. How do I accomplish that ?

Andrew

8/26/2016 11:26:22 pm

I have a F4 carrying a concealed weapon charge on my record and got off probation for it in June 2016. Do I need to go through the process of relief just to own a firearm and would it be required to get relief from disability, even if it's not needed to own a firearm, if I wanted to get my CHL?

thomas overturf

9/14/2016 01:22:28 pm

have a 40 year old felony for RSP. no jail time. a couple small assaults and a theft all 40 years ago. have led a clean life since would like to know cost of filing relief from disability..thanks ,tom

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8/22/2022 12:39:09 pm

However, there has been a rash of break-ins in their neighborhood, with the latest being right next door. I’m so thankful for your helpful post!

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8/22/2022 01:04:03 pm

Someone falling into one of those categories is considered to have what's known as a disability for purposes of Ohio weapons laws. Thank you for making this such an awesome post!

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11/17/2022 06:20:45 am

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tom overturf

11/17/2022 10:15:04 am

i had a rsp charge that was punishable by more then one year and received probation.am i under disability because the sentence could have been more then a year?

Weapons Disability Relief

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