To restore your gun rights in Ohio, you have to file for relief from weapons disability and meet all the requirements therein, likely with the help of a Columbus gun rights restoration lawyer. Even then, it is up to the court’s discretion, as it is not required to grant restored gun rights to a qualified applicant.
Knowing Ohio’s Laws on Gun Rights
Before deciding whether to file to get your gun rights back, it is important to know how gun laws work in Ohio. Applying for a license has a lot of requirements and fees, and it can be lost in several ways. While you may have gone through these stages before, a refresher can help you know what the court will look into when considering whether to restore your gun rights in Ohio.
In order to get a gun license, you have to:
- Be over 21 years old
- Be a legal U.S. citizen
- Have been an Ohio resident for at least 45 days
- Generally not have been convicted of any crimes or under certain legal orders
- Be found mentally competent
- Have no known history of substance abuse
- Pass a background check
All these elements will likely be considered in a case of restoring your gun rights in Ohio.
Losing your gun rights can come from several sources, such as a criminal conviction and certain legal orders. In the simplest of terms, you can lose your right to a gun by becoming disqualified by any of the requirements to obtain a license. An important addition is if you are under indictment for a felony, even before a ruling comes down.
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What Makes You Eligible to Restore Your Gun Rights
Several requirements are outlined in Ohio Revised Code § 2923.14 that describe how to relieve your weapons disability (i.e., restore your gun rights in Ohio). Before you go through the trouble of trying to file, be aware of whether you are qualified at all. If you are unsure of how any of the following requirements apply to your case, talk to an experienced attorney:
- Completed any sentences: If you have had any convictions, you must have completed all of your sentence, including parole, probation, or other legal supervision.
- Evidence of rehabilitation: This basically means there is some sort of proof of you exhibiting good, law-abiding behavior, including a clean record, a letter of recommendation, or a treatment program.
- A waiting period: After some felonies, you could have to wait several years before you can file, but other types of convictions vary.
- Repeat offenders: Repeat offenders of certain crimes like rape or murder, are excluded from being able to apply for restored gun rights.
- Ongoing proceedings: You cannot file to restore your gun rights in Ohio if you are currently facing charges.
- Domestic violence charges: Due to what is commonly called the Lautenberg Amendment, it is nearly impossible to get your gun rights back after being convicted of domestic violence.
Eligibility can turn into a narrow path, if not a completely blocked path, depending on your criminal history. Consulting a lawyer can help you know for sure if you have a chance at recovering your gun rights. If you believe you are eligible, you are then looking at a long and costly legal process that still may not go in your favor.
The Legal Process of Restoring Your Gun Rights in Ohio
If your attorney advises you that you are eligible, the next step is filing a petition to restore your gun rights. This will take quite some time from the time you first consult an attorney to when the ruling is finally handed down. There will also be several costs along the way, like court fees, lawyer fees, and smaller expenses like fees for filing paperwork.
- Consulting with a lawyer: Restoring your gun rights in Ohio can be an overall complicated process, one you are better off doing under the advisement of an experienced gun rights restoration attorney.
- Filing your petition: When filing with the correct court department, your application must include several pieces of information, including a well-reasoned explanation of why you should have your rights restored, evidence in support, and a filing fee.
- Going to court: In your court hearing, we will hear testimony from your peers, employer, if you have any, and experts related to your rehabilitation–this is how experts get involved with our cases.
- Handling the results of the court decision: If your rights are restored, the appropriate agencies will be notified, and you will have the same rights as any other Ohio citizen. But if you are denied, you would have to go through the entire process again to have any chance.
Keep in mind that it can take several months, if not more than a year, to gather all the evidence necessary and get a court date. If you believe you do qualify, do not let this intimidate you from trying to get your gun rights back.
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Other Paths to Restoring Your Gun Rights
Going through the whole petition process is not the only way your gun rights can be restored in Ohio. You could also be pardoned or have a previous conviction expunged, overturned, sealed, or vacated. These happen only in rare cases, but your attorney can help you know if these are possible in your case.
The most powerful but unlikely path to restored rights would be becoming one of the president’s clemency recipients, usually known as receiving a presidential pardon. These are rare to receive and only happen in very special cases.
Other ways of having the original cause of losing your gun rights removed are possible, but they depend on key details that would be very specific to your case. For example, something to indicate a mistrial or a good reason to seal a previous conviction could give room to argue to relieve your weapons disability. Sometimes, the little-known facts about expungement could prove pivotal.
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Restoring Your Gun Rights Is Difficult But Possible
Ohio law lays out exactly how you restore your gun rights in Ohio. After looking at your history and where you are in life now, meeting all of those requirements can give you a good shot with the help of a qualified attorney. Contact the team at Koffel | Brininger | Nesbitt today to discuss your case. Representation matters.
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