Weapons, Guns, Firearms restoring my gun rights

[lllukwthe6]

I have a two part question. I was convicted of a felony how do I restore my inalienable right to bear arms and is it legal in Ohio to openly carry a firearm without a ccw license?

 

[mightymoose]

Well first of all your right to firearms is not inalienable, otherwise you would not have lost it.

To restore your gun rights you will certainly need some legal assistance and should speak with a local attorney who can review the specifics of your situation. It is not impossible to do, but you will need to jump through some difficult hoops.

Ohio is an open carry state, though you should make sure you are familiar with local laws as sometimes a CCW is required.

 

[army judge]

I have a two part question. I was convicted of a felony how do I restore my inalienable right to bear arms and is it legal in Ohio to openly carry a firearm without a ccw license?

As a convicted felon, you can't even touch a rifle, shotgun, pistol, or revolver. In fact, you aren't even allowed to touch, much less possess, ammunition.

In many states, the only way you'll ever be able to do any of the aforementioned activities, is to be pardoned.

Ohio Revised Code, Sec. 2923.13 Having weapons while under disability.
(A) Unless relieved from disability as provided in section 2923.14 of the Revised Code, no person shall knowingly acquire, have, carry, or use any firearm or dangerous ordnance, if any of the following apply:
(1) The person is a fugitive from justice.

(2) The person is under indictment for or has been convicted of any felony offense of violence or has been adjudicated a delinquent child for the commission of an offense that, if committed by an adult, would have been a felony offense of violence.

(3) The person is under indictment for or has been convicted of any offense involving the illegal possession, use, sale, administration, distribution, or trafficking in any drug of abuse or has been adjudicated a delinquent child for the commission of an offense that, if committed by an adult, would have been an offense involving the illegal possession, use, sale, administration, distribution, or trafficking in any drug of abuse.

(4) The person is drug dependent, in danger of drug dependence, or a chronic alcoholic.

(5) The person is under adjudication of mental incompetence, has been adjudicated as a mental defective, has been committed to a mental institution, has been found by a court to be a mentally ill person subject to hospitalization by court order, or is an involuntary patient other than one who is a patient only for purposes of observation. As used in this division, "mentally ill person subject to hospitalization by court order" and "patient" have the same meanings as in section 5122.01 of the Revised Code.
(B) Whoever violates this section is guilty of having weapons while under disability, a felony of the third degree.


Even if you are fully relieved of the disabilities resulting from your felony conviction as defined by federal law, including your rights to vote, serve on juries, and hold public office; even with a state law restoration you're banned from owning a firearm under federal law. Bottom line, if Ohio were to restore your rights, the Feds still consider you to be a felon.

That means if you're ever arrested by federal authorities, in possession of a weapon, they could (and usually do) prosecute you for "felon in possession". That goes to the purchase of a weapon, before or after, state rights are restored.

The safe way to eliminate the disability, and the most difficult, is to obtain a FULL PARDON. Those are rare, very rare, unless you're wealthy (not just rich) and connected politically.

My advice to my clients, unless you get a pardon, do t worry about rights restoration. For most felons, shortcuts got you in trouble in the first place. If I were a felon, I'd focus on rebuilding my life, livelihood, family, and future. I'd just be happy to have my freedom back.

You might find these threads and or articles interesting:

http://www.buckeyefirearms.org/Legislation-Guide

http://www.nytimes.com/2011/11/14/us/felons-finding-it-easy-to-regain-gun-rights.html?pagewanted=all


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