Weapons Disability Relief - Update

12/17/2018

In the years since I originally posted here about weapons disability relief, I've had the chance to speak with many, many people who had questions or wanted help. In some of those cases I was able to get involved and work to get their gun rights restored.

Here are some things to consider -

1) Not all offenses create a weapons disability under Ohio law - only felony offenses of violence and felony drug offenses. So if you go to a judge with a felony theft on your record and ask for relief, she might tell you to go away because you're not under a disability. There are some arguable exceptions, but it really depends on the specific facts of the case.

2) Any felony (and some misdemeanors) create a disability under federal law. So any offense (state or federal) punishable by a year or more in prison means no more guns.

3) There is no federal disability relief (technically it exists in the law, but it hasn't been funded for a couple of decades). However, federal law recognizes state disability relief.... But the states and feds aren't very good at communicating, so even if you get your rights back from Ohio, you might have more work ahead of you in order to be able to purchase a firearm at a dealer or obtain a concealed carry license.

I may have some more thoughts on this issue in the near future. In the meantime, if you're reading this and have comments or questions, let me know -

3 Comments

MATT

2/7/2019 02:09:37 am

Ohio / Federal disability ? such a charge as F4 theft... Ohio imposes no disability under orc 2923.13- and according to the federal '' exception listed on Nics /atf form to buy a gun -for question 11b ( felony over 1 yr) A person who has been convicted of a felony, or any other crime, for
which the judge could have imprisoned the person for more than one year, or who has
been convicted of a misdemeanor crime of domestic violence, is not prohibited from
purchasing, receiving, or possessing a firearm if: (1) under the law of the jurisdiction
where the conviction occurred, the person has been pardoned, the conviction has been
expunged or set aside, or the person has had their civil rights
(the right to vote, sit on
a jury, and hold public office)
taken away and later restored, AND (2) the person is
not prohibited by the law of the jurisdiction where the conviction occurred from
receiving or possessing firearms. Persons subject to this exception, or who receive
relief from disabilities under 18 U.S.C. 925(c), should answer "no" to the applicable
question. - atf form 4473. so if someone went to prison for an F4 Theft- lost and then regained those civil rights( orc 2967.16) ,non violent non drug felony and is not under an Ohio disability under 2923.13- AND granted an expungement in Ohio which lists ORC 2953.33 ''restores ALL rights and privileges'' .. would such a person be prosecuted or denied under Federal law as a felon in possession of a firearm? taking into account US v Zellars, US v Cassidy ?

Edward Borkowski

2/7/2019 06:57:36 pm

They shouldn't be

Derrick Anderson link

11/4/2022 07:30:34 am

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Weapons Disability Relief - Update

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