Like many states, Ohio upholds the 2nd Amendment right to bear arms. You can legally own guns in the state but if you get a felony charge, you will lose these rights. Once you lose them, it is possible in certain circumstances to get them back but it will be very challenging.
What disqualifies you from owning a gun in Ohio is even more complicated than getting a conviction for a felony offense. It’s important to understand Ohio gun laws and the limitations you may face regarding your ability to own, possess, or use firearms.
Who Is Not Allowed to Own a Gun in Ohio?
You are not allowed to own a gun in Ohio if you are a fugitive or are deemed mentally incompetent. You also can’t have a gun If you are under formal indictment or convicted of a violent felony.
However, you should know that it isn’t just those who are convicted of felony offenses that will be disqualified from owning guns. If you have certain misdemeanor convictions, especially for a charge like domestic violence, you will also lose your 2nd Amendment right to bear arms.
The best course of action is to avoid situations in which you would face misdemeanor or felony charges. Any violent crime conviction will take these rights away from you. It’s important that you contact a defense attorney immediately after being arrested to build a strong case that will hopefully keep you from being convicted.
Offenses That Are Deemed Violent in the State of Ohio
While a felony conviction of any kind will strip your gun rights away, any violent offense whether it is a misdemeanor or felony will remove these rights in Ohio. Violent offenses generally include murder, manslaughter, assault, child abuse, kidnapping, human trafficking, sexual battery, rape, arson, and child endangerment are all prime examples of violent crimes.
No matter what you are facing, you should find out from your attorney what a conviction for your charges could mean for your gun ownership.
Can You Get Your Gun Rights Restored in Ohio?
It is possible to restore your gun rights but there are certain provisions that must be met first. Qualifying for restoring your rights requires that you have completed your sentence and that you are no longer on probation, parole, or under any court supervision. The court will need to determine if you have changed your ways since you were convicted on your charges.
They will consider how long it has been since your conviction and the seriousness of the crimes you committed. They will analyze your entire criminal history and look for proof that you are living a law-abiding life. The courts will also consider whether restoring your right to bear arms is in the best interest of the general public.
While you can get your gun rights restored in Ohio, it is a huge legal challenge. You will want to choose a criminal defense attorney who can help guide you through this process.
Important Information About Ohio Gun Rights
Some rules and regulations may cause you to get arrested for misdemeanor or felony charges, and often, they can happen to ordinary law-abiding citizens. In particular, many people get charged with serious crimes because they are not properly transporting their legally owned firearms.
Even if you have a concealed carry permit, it does not grant you the freedom to do as you wish with your gun. Those without a concealed carry license are not allowed to transport a loaded firearm in their vehicle if it is within their reach. You must keep it unloaded and inside a closed bag, case, or box. It is also acceptable to keep the gun in a compartment that you can only reach by getting out of the vehicle, such as the trunk.
Other situations can arise if you borrow a car from a family member or friend. If they have a loaded firearm within reach of the driver’s seat and you get pulled over, you may face criminal charges.
If you are going to own a gun in Ohio, it is important that you not only understand gun safety and proper handling techniques but also the laws. You do not want to end up on the wrong side of the law due to a misunderstanding. Situations like these have caused many otherwise responsible gun owners to lose their rights. However, with an attorney, you’ll have a better chance of preventing the loss of your gun rights in the first place.