Is owning a gun an inalienable right? No. Owning a gun is a constitutional right, but not an inalienable one. This means that it is subject to interpretation by the courts, and they may decide to impose legal limits on it.
Owning a gun is, therefore, a protected legal right, but not an inalienable one. If you are seeking to obtain a gun license, a Columbus gun crime lawyer can guide you through that process as smoothly as possible.
This article will focus on answering the question posed here, and may not answer all your questions. If you are not finding the information you are seeking here, you can find more articles on gun ownership rights in Ohio in the section of our FAQs dedicated to this topic.
What is an Inalienable Right?
Inalienable rights are basic human rights that the government may not legitimately infringe upon or remove. This concept originates from what is known as “natural law theory.” This theory suggests that certain concepts should be regarded as universal moral principles that guide morality and the law.
They are captured in the Declaration of Independence, which describes the values the United States of America upholds. As such, it does not specify what happens by law, but rather, the principles that the USA subscribes to.
As every American knows, the Declaration of Independence states: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness.”
For a free legal consultation, call (614) 884-1100
The Constitution and Your Rights
The rights captured in the Constitution, including the Second Amendment, are legally protected rights rather than inalienable rights. This means that they are subject to reasonable restrictions that may be imposed to promote public safety, preserve order, and protect general welfare.
These restrictions are not applicable to all constitutional rights. For example, placing restrictions on your constitutional right to an attorney does not benefit society in any way.
Instead, limiting this right could promote injustice and have a negative impact. On the other hand, gun ownership is not an inalienable right.
Imposing restrictions on gun ownership may be beneficial if it is believed that doing so protects the inalienable rights of others. For example, an irresponsible gun owner or a person who is believed to be unstable may use a gun to deprive others of their right to life.
It is therefore considered reasonable to restrict gun ownership in certain contexts.
Examples of Reasons Why Your Right to Own a Gun May Be Suspended or Denied
Illustrating that owning a gun is not an inalienable right, we can examine the circumstances under which you might lose the right to own a gun in Ohio or not be entitled to own a gun in the first place. These include:
- Felony convictions. If you have been found guilty of a violent felony, your gun ownership rights are suspended. Some non-violent felonies may also trigger a firearms ban. For example, it is believed that your judgment may be unreliable owing to a drug crime conviction. As seen in a summary of federal firearms laws, this applies throughout the United States.
- Domestic violence offenses. Domestic violence convictions, including misdemeanor offenses, can mean you are no longer allowed to own a gun. This also applies if you are under a domestic violence protection order.
- Mental illness or mental incompetence. If a court finds you to be mentally ill or mentally incompetent, it is believed that you may be a danger to yourself and others. Your right to own a firearm may be suspended.
- You are under a restraining order related to potential danger to others. Apart from domestic violence, people accused of stalking or harassment may be prohibited from owning a gun.
- Substance dependency. Chronic alcoholics and people who are dependent on drugs may lose their right to own a firearm due to fears that their judgment is compromised.
- Pending criminal charges: In some instances, people who have been charged with crimes may be subject to a temporary firearms restriction as a condition for their release from jail before trial.
- Federal disqualifications: These may include dishonorable military discharge, not being a US citizen or documented immigrant, or being found guilty of a crime that warrants more than a year in prison.
- Being underage: Age limits apply. For example, Section 2923.211 sets a minimum age of 21 for most people who wish to purchase a gun.
Suspension of gun ownership rights may not always be permanent. A lawyer can help you find out how you can restore your gun ownership rights in Ohio.
In brief, it means petitioning the court to have your gun ownership rights restored. Generally, your success will depend on the offense for which your gun ownership rights were suspended, as well as what has occurred since.
Click to contact our dui lawyers today
How Courts Decide Whether a Restriction is Appropriate
As we have noted, although owning a gun is not an inalienable right, it is a legal right. This means that to remove or alienate it, courts must implement levels of scrutiny to show that their decisions are reasonable and not arbitrary.
The level of scrutiny most frequently imposed in this context is referred to as “intermediate scrutiny.” It requires courts to demonstrate that their decision serves the public interest. For example, it can avert a risk of gun violence or protect vulnerable individuals.
The scenarios in which people may lose their right to gun ownership listed above show examples of this type of thinking. They imply foreseeable harm should the person continue to own a gun.
Context is key, and the potential for rehabilitation must be taken into account. The aim is to strike a balance between civil liberties and public safety.
Complete a Free Case Evaluation form now
Gun Ownership is Not an Inalienable Right But Can be Restored
Having debunked the myth that nobody can take away your right to own a gun, you may be wondering what process you must undertake to get gun ownership rights restored. You should generally not assume that they are automatically restored at any point unless this is specifically stated. Consult a lawyer to understand your status.
As noted, the process for restoring gun ownership rights requires filing a petition with the Court of Common Pleas in your county. The primary points to prove are that you do not pose a threat to public safety and that restoring your rights is consistent with the public interest. In short, you are a responsible gun owner and should be allowed to have a firearm.
This process can involve complexities, and not all petitions are granted. The costs to restore your gun rights include court fees and, since representation is advisable, attorney’s fees.
Consult an attorney from Koffel | Brininger | Nesbitt. They will only agree to take your case if there is a good chance of success, so your investment is likely to prove fruitful.
CALL OR TEXT (614) 884-1100 OR COMPLETE A FREE CASE EVALUATION FORM