This page answers the most commonly asked questions regarding restoring your firearm rights in Ohio. We offer a free eligibility test to help you quickly determine if you are eligible to get your gun rights back. If you are eligible, you can use our Ohio firearm rights restoration service so that our attorneys can get your gun rights back for you. Below you should be able to find the answers to any questions you may have.
Simply click on a question below to view its answer:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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).
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.
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.
A petition to restore firearm rights is filed in the court of common pleas in the county in which the person resides.