Restoration of Firearms

The right to bear arms is so important in this country that it’s enshrined in the Second Amendment to the Constitution. But that right is not absolute, and many types of criminal conviction can disqualify you from purchasing, owning, carrying, or even having access to a firearm under federal law and Ohio law.

The loss of firearm rights can sting. It can feel like the loss of the ability to protect your loved ones, forced exclusion from the tradition of hunting or sport shooting with friends or family, and ineligibility for work that requires you to carry a gun. Most of all, it can feel like the government is saying you’re untrustworthy, and like the last reminder of a mistake you’ve tried to put far behind you.

At Wesley Buchanan, Esq., we know that being able to have a firearm is less about the weapon itself and more about having your rights as a citizen fully restored to you. Contact Wes to learn how we can help you with restoration of firearm rights.

Loss of Firearm Rights in Ohio

Ohio law treats a person “under disability” with respect to firearm rights when they are convicted of a felony offense of violence or a felony drug offense. But conviction isn’t required for a firearm disability. Being “under indictment” with a felony charge formally pending also puts you under disability. Firearm rights may also be taken away for other reasons, such as being a fugitive from justice, having a drug dependency or being adjudicated mentally incompetent.

Being under disability means:

• You cannot possess a firearm or have one in your home, vehicle, or anywhere under your control
• You cannot use a firearm
• You cannot buy a firearm from a dealer or in a private sale
• You cannot receive or accept a firearm as a gift or inheritance
• You cannot possess ammunition
• You cannot transport a firearm

Ohio Revised Code §2923.13 makes it a felony for anyone under legal disability to knowingly acquire, have, or use firearms or dangerous ordnance such as automatic or sawed-off firearms, explosives, or military-grade weapons.

Why Restoration of Firearm Rights is Important

Being under firearm disability not only restricts your activities and freedom, it can also expose you to unintentionally committing a felony. A common scenario involves living in a household where a family member legally owns a firearm you could access, even if you never actually do. If you are eligible for restoration of firearm rights, you should pursue it.

Restoration of firearm rights is not automatic, and it is not guaranteed. You must petition for restoration of your rights, and the court exercises its discretion. In general, Ohio courts consider:

• Whether you have completed your sentence and other punishments
• The nature of your offense
• How much time has passed since the offense
• Evidence of your rehabilitation and lawful conduct
• Public safety considerations

At Wesley Buchanan, Esq., we explain how Ohio and federal law applies to your unique situation so you understand your rights, obligations, and challenges. We have over a decade of experience in these cases and an impressive track record of success persuading courts that restoration of firearm rights is justified.

Work with an Experienced Firearm Rights Restoration Lawyer

You’ve paid your debt to society; get the help and advice you need to fully restore your rights. Contact Wes Buchanan, Esq. to work with an attorney who knows how to guide you through the complexities of firearm rights restoration.