A Person with a Felony Conviction May Petition Court to Restore Right to Own a Firearm

DID YOU KNOW A FELONY CONVICTION MAY NOT END THE RIGHT TO OWN A FIREARM?

Whether it’s for hunting or home protection, many people enjoy their Second Amendment right to own a firearm.  In Ohio, a state felony conviction can affect a person in many ways and one of the consequences for a felony conviction is a prohibition on a person’s right to own a firearm.

Ohio law allows someone who has been convicted of a state felony to petition the Court of Common Pleas in the jurisdiction where the person resides for reinstatement of firearm privileges.  It is within the court’s discretion as to whether to grant the petition and allow the applicant to own a firearm again or to deny the petition.  The court will base its decision on multiple factors, including; (1) if the applicant has been living a “law-abiding” life since the felony incident, (2) the applicant is not prohibited from owning a firearm for any other reason, and (3) whether the applicant has completed jail/probation time.

Although, federal law prohibits anyone who is convicted of a federal felony from possessing a firearm, federal law provides limited options for a person to regain the right to own a firearm. A person convicted of a felony may be able to (1) petition a Court of Common Pleas for reinstatement of firearm privileges or (2) file an application to expunge the felony conviction.

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