A conviction for any crime can come with severe penalties. For instance, you could be incarcerated and/or fined. However, some sanctions exist that are not imposed by the court but are required by law. If you’re a convicted felon, one such consequence is the loss of your gun rights, which means you would be prohibited from possessing, purchasing, or receiving a firearm. In Ohio, this civil disability is imposed if you are convicted of certain offenses.
What Felonies Result in the Loss of Gun Rights?
Concerning firearm disabilities, Ohio law applies to specific felony crimes.
Qualifying offenses include:
- Felony violent crimes, such as
- Murder
- Manslaughter
- Rape
- Sexual battery
- Kidnapping
- Felonious assault
- Menacing by stalking
- Felony drug crimes, including:
- Possession
- Use
- Sale
- Administration
- Distribution
- Trafficking
If you were convicted for any of the offenses listed above (or other violent felony offenses not listed), and you possess a firearm, you could be charged with a third-degree felony. This is a serious offense that is punishable by up to 60 months in prison and/or a fine of up to $10,000.
Federal Law Restricting Gun Rights
If you’re convicted of a felony, you may be prohibited from having a firearm under not only state law but federal law as well. Under U.S.C. 18 § 922 (g)(1), any person convicted of an offense that results in imprisonment for more than a year is banned from transporting, possessing, or receiving a gun. The statute applies to a conviction that occurred in any court, not just federal court. Thus, if you were found guilty of a felony under Ohio law, you may still be prevented from having a firearm under federal law.
Restoring Your Gun Rights
It’s important to note that even after you’ve completed your sentence for the offense you were convicted of, you are still prohibited from possessing a firearm. However, you can seek legal remedies to restore your gun rights under state law. In Ohio, to be considered for relief from the firearm disability, you must submit a petition to the court you live in.
A judge will review your case and consider the following factors when determining whether to grant relief:
- Whether you have completed your term of prison, probation, and/or parole;
- Whether you have remained a law-abiding citizen since completing your sentence; and
- Whether you are not prevented under any other law from having a firearm
However, you are not eligible for this relief if you were designated a violent career criminal and were convicted of using a firearm. A violent career criminal is a person who has been convicted of or plead guilty to 2 or more violent felony offense within 8 years. You are also ineligible to restore your gun rights if you were convicted two or more times of certain firearms crimes.
Were you charged with a felony in Dayton? Contact Rion, Rion & Rion at (937) 223-9133 to get effective defense on your side.