At Erb Legal, we understand the significance of your right to bear arms. Ohio, like many other states, can revoke this right due to felonies, misdemeanors, or mental incapacity. These bans can last indefinitely, even after you have served their sentence.

Fortunately, Ohio law provides a pathway to restore your gun rights. By working with an experienced firearm restoration attorney and meeting specific criteria, there’s a possibility you may get your Second Amendment rights reinstituted.

If you or a loved one wants to restore their firearm rights, you need an experienced defense lawyer to fight for your rights. Contact Erb Legal LLC at 330-249-1778 for assistance.

Firearm Rights Restoration in Ohio

Firearm rights restoration refers to the legal process through which a convicted criminal regains the right to possess a gun. The court considers various factors, including the petitioner’s criminal history, to decide if this right should be restored.

An official restoration provides peace of mind, ensuring you can’t be incarcerated for unknowingly committing a crime. At the very least, it’s a crucial exercise for regaining your rights under the Second Amendment.

What if I Possess a Firearm Illegally?

Owning a firearm despite a conviction carries severe penalties in Ohio, including fines up to $10,000 and jail sentences of up to 36 months. In some cases, simply being in the same home or car as a gun can be considered “constructive possession,” making you liable even if the firearm isn’t physically with you.

Given the severity of these regulations, it’s crucial to consult with a firearm lawyer if your charged with illegal possession of a gun in Ohio.

Firearm Restoration Laws

Firearm restoration is governed by various Ohio and federal laws. The most relevant statutes include:

Ohio Revised Code 2923.13

This section outlines who is prohibited from possessing firearms in Ohio, including those convicted of felonies and certain misdemeanors.

Ohio Revised Code 2923.14

This section outlines the legal process for restoring gun rights, including eligibility criteria for appealing to the Court of Common Pleas. Factors considered include the petitioner’s behavior and the date of sentence completion.

Federal Firearm Restoration

Federal laws also play a role in the revocation and restoration of gun rights, specifically:

18 U.S. Code § 922

This law prohibits convicted felons, fugitives, dishonorably discharged veterans, and those convicted of domestic violence misdemeanors from possessing firearms.

Gun Control Act of 1968

This regulation makes it illegal for certain individuals, including convicted felons and domestic violence misdemeanants, to buy firearms at both the federal and state levels.

Offenses Leading to Loss of Firearm Rights

Several offenses can result in the loss of firearm rights, including:

  • Active arrest warrants
  • Felony convictions for violent offenses
  • Juvenile adjudications for crimes equivalent to violent felonies or drug-related crimes if committed by an adult
  • Indictment for drug-related offenses

Additional restrictions may apply if an evaluation deems you drug-dependent, a chronic alcoholic, or subject to certain mental health court orders. Federal law can also bar firearm possession for:

  • Felony convictions with jail terms longer than one year
  • Domestic violence convictions
  • Court orders related to domestic violence, or a serious mental condition
  • Dishonorable discharge from the military
  • Restraining orders that involve harassing, stalking, or threatening an intimate partner or their child

For federal convictions, regaining firearm rights typically requires a full presidential pardon.

Restoring Firearm Rights After a Felony in Ohio

The decision to restore firearm rights in Ohio lies with the Court of Appeals, which reviews petitions on a case-by-case basis. To submit an appeal, you must meet several requirements, including:

  • Complete all terms of your sentence, including probation
  • Not breaking any laws since your last conviction
  • Having no other restrictions preventing firearm ownership
  • Only having your gun rights revoked once
  • Provide sufficient evidence of law-abiding behavior

How the Restoration Process Works

Filing an appeal involves gathering extensive documentation, including details of indictments, convictions, adjudications, and proof of served sentences. The court also examines whether the revocation was based on factors other than a conviction. Applicants must provide sufficient evidence to demonstrate eligibility for gun rights restoration and may need to verify their status with relevant authorities.

Once filed, the application is forwarded to the county prosecutor for investigation.

After a hearing, the court will decide based on all factors, including the applicant’s behavior and the time elapsed since conviction and sentence completion. The process can take up to six months, depending on the county and the efficiency of your legal team.

Protecting Your Gun Rights

Preventing the revocation of your gun rights is often easier than restoring them. If convicted of a crime, familiarize yourself with relevant firearm laws and comply with all court-imposed regulations, including probation and parole terms. Additionally, if you are charged with a crime and are considering accepting a conviction, carefully consider any pleas offers to ensure they don’t infringe on your constitutional right to bear arms.

Erb Legal Helps Protect Your Right to Own a Firearm

Navigating Second Amendment rights in Ohio can be complex. To avoid paperwork errors and ensure a successful application, enlist the services of an experienced Ohio firearm restoration attorney. Erb Legal can assist in several ways:

  • Experience: Our lawyers bring extensive experience from prior cases, offering valuable insights and suggestions.
  • Knowledge: We help you navigate the confusing and time-consuming process of restoring your gun rights in Ohio.
  • Advocacy: Our team presents compelling arguments in court to demonstrate your rehabilitation and eligibility for rights reinstatement.
  • Accuracy: We ensure your appeal is error-free to avoid disastrous consequences.

If your petition is denied, you may have to wait another two years to reapply. With our team behind you, the chances of rejection are significantly reduced.

Frequently Asked Questions

Can my gun rights be revoked in Ohio?

Yes. In Ohio, the Second Amendment guarantees the right to bear arms, but those convicted of felonies or specific misdemeanors may have their rights revoked, known as a civil disability.

What is the legal process for restoring gun rights in Ohio?

Gun rights can be restored following a successful appeal in a county court. The applicant must meet all eligibility criteria and demonstrate reformation through documentation and good-faith actions.

Can a felony conviction be expunged to restore gun rights in Ohio?

Certain felony convictions may be expunged under Ohio law, benefiting the restoration of firearm rights. Eligibility for expunction requires no criminal charges since the conviction and proof of adverse impact on the applicant’s life.

Do I need a lawyer to restore firearm rights in Ohio?

Yes. Legal assistance is highly recommended to ensure all necessary documentation and proof of eligibility are in order. A trusted legal professional can effectively advocate for you in court.

Consult with the Firearm Restoration Experts Today

The best lawyers for gun rights restoration in Ohio are familiar with the state’s legal proceedings and committed to protecting your Second Amendment rights. Erb Legal excels in both, improving the chances of regaining your gun rights.

Contact Erb Legal today at (330) 542-5268 for a consultation.