Can You Get Your Gun Rights Back?

You finished your sentence. You completed probation. You have stayed out of trouble and moved forward with your life. So why can’t you legally own a firearm? Many Ohio residents find themselves asking, “How can I get my gun rights back?” after a past conviction or other legal issue continues affecting them years later. While some people may have a path toward restoring their firearm rights, the process is not automatic, and the rules can be complicated. Knowing how Ohio law works can help you understand what options may be available.

Key Takeaways

Why Can Someone Lose Their Gun Rights?

There are federal and state laws that can cause someone to lose their right to gun ownership. While the right to bear arms (own firearms) is a constitutional right, that right is lost when someone is convicted of certain criminal offenses.

Federal law bars firearm possession in several situations. Some of the most common include felony convictions carrying a potential prison sentence of more than one year, misdemeanor domestic violence convictions, and dishonorable discharges from the military. Federal law also generally prohibits firearm possession by many people who are not U.S. citizens.

Ohio adds its own restrictions on top of federal law. An active arrest warrant, pending criminal charges, certain violent crime or drug offense convictions, including some juvenile cases, and court orders declaring someone mentally incompetent can all affect your ability to legally own or purchase a firearm. A person convicted of an offense punishable by more than one year is prohibited from knowingly acquiring, carrying, or using any firearm or ammunition.

How Can I Get My Gun Rights Back in Ohio?

The first thing to know is that firearms rights restoration is not automatic. Completing your sentence or waiting a certain number of years does not automatically give you back the legal right to own or possess a firearm. This process is known as seeking relief from a firearms disability.

The process typically begins by filing a petition in the court that handled the conviction that created the firearm disability. Once the petition is filed, the court reviews the application and determines whether restoration is appropriate.

The judge has discretion to approve or deny the application based on the facts of the case and the legal requirements. If the request is granted, the court issues an order restoring the individual's firearm rights under Ohio law.

What Factors Does the Court Consider?

Each case is unique, requiring the court to take an individualized approach to each individual seeking restoration. There are several possible factors that the court may consider. The court will go back to the original offense that led to the criminal conviction. It will consider the nature of the original offense and the amount of time that has passed since. Then, the court will look at the individual’s performance after conviction. Did they successfully complete their sentence, probation, parole, or any other penalties?

The individual’s criminal behavior following the conviction is also important. The court isn’t going to look kindly upon someone who continued with criminal activity, resulting in multiple subsequent convictions.

Firearms are considered deadly weapons, so the court has an interest in protecting the public’s safety. As a part of this, the court will look for evidence of rehabilitation. This will help determine the threat to public safety should the individual successfully have their gun rights reinstated. In addition, the court cannot restore gun rights if it would go against the applicable law.

Does Restoring Gun Rights in Ohio Also Restore Federal Gun Rights?

Federal and state laws operate separately. Two different jurisdictions and courts operate under each set of laws. Ohio’s Supreme Court recently ruled that someone seeking to restore their gun rights under Ohio’s state law is not prevented from doing so because of a federal prohibition.

An Ohio man convicted of domestic violence in 2006 asked the court to restore his firearm rights 17 years later. The trial court denied his request because federal law still prohibited him from possessing a firearm. However, federal law also states that if Ohio restores a person's firearm rights, the federal restriction may no longer apply. The case highlights how state and federal firearm laws can overlap, making the restoration process more complicated than many people expect. This overlap doesn’t always happen, and in some cases, a federal ban could continue to prevent gun ownership despite restoration in Ohio.

Can Every Conviction Be Cleared or Restored?

No, not everyone will be able to have their gun rights restored. Convictions for certain violent crimes and domestic violence are permanently prohibited from owning a gun. Even those who meet the eligibility requirements are not automatically approved. They must file a petition with a compelling argument for restoration. If a judge doesn’t agree, they may still deny the request for restoration. There are a few common reasons for rejection:

• Administrative error
• Failed to show you are leading a law-abiding life
• Objections from interested parties

Work With an Ohio Criminal Defense Attorney

Restoring your firearm rights in Ohio is not as simple as waiting a certain number of years or completing a criminal sentence. While some individuals may have a path toward restoring those rights, the process requires careful attention to Ohio law and the specific facts of your case. At Wesley Buchanan, Esq., the attorneys understand that every case has its own challenges. They help Ohio clients navigate complicated criminal defense issues, including questions involving firearm restrictions and restoration of rights.

Schedule a consultation online or call 330-249-1778 to discuss your situation with an experienced Ohio criminal defense attorney.