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Ohio Firearm Rights Restoration FAQ Frequently Asked Questions

This page was designed to help our clients better understand our Ohio Firearm Rights Restoration service. You will find answers to the questions we are most frequently asked. If your question is related to eligibility requirements please take the free online eligibility test.



Who is prohibited from possessing, using, or owning a firearm?

1.is a fugitive from justice 2.indicted for, convicted of, or adjudicated delinquent for any felony offense of violence 3.indicted for, convicted of, or adjudicated delinquent for any felony offense involving the illegal possession, use, sale, administration, distribution, or trafficking in any drug of abuse 4.is a drug dependent, in danger of drug dependency, or a chronic alcoholic 5.is under adjudication of mental incompetence, has been adjudicated as a mental defective, has been committed to a mental institution, been found mentally ill subject to a court order, or is an involuntary patient other than one who is a patient only for purposes of observation.

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What is an offense of violence?

Ohio Revised Code section 2901.01 defines offense of violence as: 1.A violation of section 2903.01 (aggravated murder), 2903.02 (murder), 2903.03 (voluntary manslaughter), 2903.04 (involuntary manslaughter), 2903.11 (felonious assault), 2903.12 (aggravated assault), 2903.13 (assault), 2903.15 (permitting child abuse), 2903.21 (aggravated menacing), 2903.211 (menacing by stalking), 2903.22 (menacing), 2905.01 (kidnapping), 2905.02 (abduction), 2905.11 (extortion), 2905.32 (trafficking in persons), 2907.02 (rape), 2907.03 (sexual battery), 2907.05 (gross sexual imposition), 2909.02 (aggravated arson), 2909.03 (arson), 2909.24 (terrorism), 2911.01 (aggravated robbery), 2911.02 (robbery), 2911.11 (aggravated burglary), 2917.01 (inciting to violence), 2917.02 (aggravated riot), 2917.03 (riot), 2917.31 (inducing panic), 2919.25 (domestic violence), 2921.03 (intimidation), 2921.04 (intimidation of attorney, victim, or witness in a criminal case or delinquent child action proceeding), 2921.34 (escape), or 2923.161 (improperly discharging firearm at or into habitation, in a school safety zone, or with intent to cause harm or panic to persons in a school building or at a school function), of division (A)(1), (2), or (3) of section 2911.12 (burglary), or of division (B)(1), (2), (3), or (4) of section 2919.22 (endangering children) of the Revised Code or felonious sexual penetration in violation of former section 2907.12 (felonious sexual penetration, now 2907.01(A)) of the Revised Code; 2.A violation of an existing or former municipal ordinance or law of this or any other state or the United States, substantially equivalent to any section, division, or offense listed in division (A)(9)(a) of this section; 3.An offense, other than a traffic offense, under an existing or former municipal ordinance or law of this or any other state or the United States, committed purposely or knowingly, and involving physical harm to persons or a risk of serious physical harm to persons; 4.A conspiracy or attempt to commit, or complicity in committing, any offense under division (A)(9)(a), (b), or (c) of this section.

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How long does the process take?

Typically, the process takes five to six months, depending on your particular circumstances, the court’s workload at the time of your petition, and whether there are any objections from the government or other interested parties. Ohio law requires that the court hold a hearing on your application before your gun rights can be restored.

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Can the process be done faster?

The courts work on a first-come, first-served basis. Therefore, the sooner you sign up, the sooner your case is heard and decided. If helpful, we will gladly write your employer or potential employer a letter letting them know we have reopened the case and are in the process of having your gun rights restored.

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What are my chances of success?

It is difficult to say without researching your case. Whether or not you are eligible can depends on your individual circumstances. We charge a researching fee and we apply that to the cost of any service that you hire us to perform.

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Do I have to go to court?

Typically, no, we go for you. If the court requests your presence and you are unable to attend, then we will request for your presence to be excused.

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Do I need to hire an attorney or can I do it myself?

Most people hire an attorney to (1) make sure the process is done right the first time so your case does not get rejected or cost you months of delay, (2) handle objections from the district attorney, and (3) send an attorney to court to argue the case if need be.

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Does my disposition of guilty or no contest matter?

No, your contest does not matter. The process of petitioning the court to restore your gun rights is the same whether you pleaded guilty or pleaded no contest to the crime that resulted in your gun rights being taken away. You just need to satisfy the other requirements for restoring your gun rights.

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What happens after my gun rights are restored?

You will receive a court order restoring your gun rights. The court will update its records and send a copy of the order to the OH Department of Public Safety and FBI so that you should not be denied a gun permit when you go apply for one. §2923.14(F).

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How long do records take to be updated?

The court is the first to update its records. The Ohio DPS updates its records once receiving a copy of the court order (which is usually within ten days after the order is entered). Keeping a copy of the order for your own records in case you need to provide the order in the future when you apply for a gun permit is advisable.

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Do you have a money back guarantee?

We are unable to offer a money back guarantee because the process involves a substantial amount of preparation and sometimes several appearances in court by our attorneys. We cannot afford to offer this low of a price and a money back guarantee.

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Do you have payment plans?

We can create a payment plan that meets your needs. We typically spread payments into equal monthly amounts. Please view the pricing for details regarding payment plans.

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What if I don’t know exactly what is on my record?

We will be glad to work with you to get a copy of your record and to review what can be done. We charge a researching fee to do so and we apply that to the cost of any service that you hire us to perform.

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Can I restore my gun rights and seal the conviction at the same time?

Yes, if you are eligible. Although this is no guarantee that you will be granted one or the other. Restoring your gun rights and sealing your conviction are two entirely different things with different requirements. However, we will offer a discount on the gun rights restoration if you sign up for sealing as well.

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What is the main reason that a request to restore firearms is denied?

Requests are denied for the following reasons: (1) an inaccuracy in the court file, (2) an inaccuracy in your criminal records, (3) you have not led a law-abiding lifestyle, (4) the nature of the offense, or (5) you are otherwise not eligible to restore your gun rights.

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What if my case is denied?

If the case is denied, we evaluate the reason for the denial and determine the best way to proceed that can include refilling or we recommend the person wait longer to refile.

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Can I restore my firearm rights if I was convicted of a federal crime?

This process will not fully restore your firearm rights if you were convicted in a federal court. If you have a federal conviction that prevents you from possessing/purchasing a firearm, you must restore you gun rights through some other avenue, such as getting a pardon from the President, a service we do not provide at this time.

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Does it matter if my conviction was for domestic violence?

There is a lifetime prohibition from the United States government (Lautenberg Amendment), which prohibits firearm ownership of those convicted of misdemeanor domestic violence as defined by federal law. The federal definition may be different from Ohio’s definition. Furthermore, you may be exempt if you satisfy certain requirements. If you would like us to evaluate your case and determine if the federal ban will apply against you then we can for a researching fee. If you then sign up for firearm rights restoration the researching fee will be applied to the total.

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What if I have multiple felony convictions?

We can put all of your convictions on one petition. Each additional conviction is drastically discounted since we are able to file under one petition.

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Where is the petition to restore firearm rights filed?

A petition to restore firearm rights is filed in the court of common pleas in the county in which the person resides.

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What if I now live in a state other than Ohio but I was convicted of a felony offense in Ohio?

Unfortunately, you must currently reside in Ohio to petition for firearm rights restoration there. (See ORC § 2923.14; State v. Cantwell (2013), 5th Dist. No. 12CA59, 2013-Ohio-1685)

In order to determine whether the Ohio conviction would apply to your current state of residence, and whether restoring your gun rights in Ohio would help at all, we must evaluate the laws of each state. If you would like us to evaluate your case and determine if it is possible then we can for a researching fee. If you then sign up for firearm rights restoration the researching fee will be applied to the total.

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Who can serve on a jury in Ohio?

In Ohio, you may serve on a jury if you: 1) are at least eighteen years of age, and 2) have not lost your right to serve on a jury by having been convicted of a certain type of crime, unless you have had your rights restored. Civil rights are restored to those with convictions upon final release from parole or post-release control. § 2967.16(C) http://codes.ohio.gov/orc/1901.25 https://www.ohiobar.org/ForPublic/Resources/LawFactsPamphlets/Pages/LawFactsPamphlet-22.aspx http://codes.ohio.gov/orc/2967.16

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The first step towards a better life begins with finding out if you are eligible for Ohio Firearm Rights Restoration.



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SERVING ALL OF OHIO

Call us at Toll Free (877) 573-7273
Please take the free online eligibility test before calling.

Law Firm of Higbee & Associates
100 E. Campus View Blvd., Suite #250
Columbus, OH 43235
*By Appointment Only

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