Can a Felon Own a Gun in Ohio?

Ohio law deprives felons of many rights. However, only one of these restrictions continues after completing your possession of a firearm by convicted felon sentence. Felons have their voting and public office rights restored upon release. Both state law and federal law prohibit gun ownership by most people convicted of a felony offense for the rest of their lives.

These restrictions have two effects. First, you cannot own a gun for any reason, including hunting or self-defense, if you fall into this category. Second, felons risk committing another offense by just being around guns. If you run afoul of Ohio gun laws for felons, our Dayton weapon charge defense attorney can present a vigorous defense.

Who Is a Felon Under State and Federal Law?

Convicted felon gun laws in Ohio define a felony offense in two ways. First, an offense is a felony if the statute classifies it as a “felony,” regardless of the punishment imposed. Second, felonies are punishable by more than a year in prison. Federal law only uses the second definition.

What Are Examples of Violent Offenses in Ohio?

Federal laws apply to every convicted felon. However, Ohio gun laws only restrict felons’ right to bear arms after a conviction for a violent felony or a felony involving the illegal possession, use, sale, administration, distribution, or trafficking of drugs.

A felony offense involving violence includes the following:

• Murder and manslaughter
• Assault
• Domestic violence
• Menacing and stalking
• Kidnapping
• Extortion
• Human trafficking
• Rape and sexual battery
• Arson
• Terrorism
• Robbery
• Aggravated burglary, but not simple burglary
• Inciting violence
• Riot
• Swatting
• Inducing panic, such as bomb threats
• Intimidation
• Escape from custody

Violent felonies also include conspiracies and attempts to commit these offenses.

When Is a Gun Considered in Possession?

Ohio felons cannot “acquire, have, carry, or use” firearms. U.S. law prohibits the acquisition or possession of firearms by a convicted felon. Can felons be around guns? Probably not. The law prohibits constructive control, meaning you cannot access guns, even if it requires effort, like opening a gun safe.

What Types of Firearms Are Prohibited?

What happens if a convicted felon is caught with a gun? Felons violate the law when they possess a gun in Ohio. Guns include anything that propels a projectile with an explosive or combustible propellant. Air rifles are not “guns.” Felons also cannot have dangerous ordnance like explosives or ammunition.

Do Felons Have the Right to Bear Arms in Ohio?

Generally speaking, a convicted felon does not have the right to bear arms in Ohio unless they have their gun rights restored. In other words, most people with felony convictions in Ohio cannot possess firearms. If they get caught with a gun, they can be prosecuted for illegal possession of a firearm.

Ohio prohibits having, carrying, and using guns. This matches what most people consider “bearing arms.” A convicted felon cannot even carry ammunition or an unloaded weapon. Someone with a felony conviction cannot fire a gun that belongs to someone else.

Under Ohio Revised Code § 2923.13, you do not need a felony conviction to have your Second Amendment rights stripped. The law also restricts possession of a firearm by anyone who falls in the following categories:

• Fugitives from justice
• People under indictment for violent felonies or drug-related felonies
• Person who is drug dependent or a chronic alcoholic
• Anyone adjudged as mentally incompetent or committed to a mental institution

These people risk the same criminal charges for illegal possession of a firearm as people with a prior felony conviction when they acquire, have, carry, or use guns or dangerous ordnance. However, people in these other categories may have an easier time recovering their firearm possession rights than convicted felons because of recent U.S. Supreme Court cases striking down gun restrictions.

Can a Non-Violent Felon Own a Firearm?

Ohio’s restrictions against possession of a firearm by a convicted felon only apply to violent or drug-related felonies. This raises the questions:

• Can a non-violent felon own a firearm?
• Can a non-violent felon carry a gun in Ohio?

The answer depends on the crime the non-violent felon committed.

Fortunately, most people with drug convictions only had misdemeanor charges. Under the Ohio Revised Code, drug charges only get elevated to felonies when they involve large amounts that suggest the person was dealing or trafficking drugs.

However, federal restrictions are not so limited. Under U.S. law, all felons, including non-violent felons, are restricted from firearm possession. U.S. law also sweeps in everyone convicted of felony or misdemeanor domestic violence.

Can the Spouse of a Felon Own a Gun in Ohio?

The prohibitions on possessing and purchasing firearms raise important questions such as, “Can the spouse of a felon own a gun in Ohio?”

Ohio gun laws probably prohibit a convicted felon from having access to guns, even if they belong to someone else. The law uses the term “have” instead of “own,” meaning access to guns is probably enough to qualify as illegal possession of a firearm. Interestingly, Ohio has these laws even though they infringe on the Second Amendment rights of others to the possession of a firearm as long as they live with a convicted felon.

It may be possible for a spouse to own a gun if the felon does not have access to it. It would have to be kept out of the house in a place inaccessible to their spouse.

Will I Avoid Illegal Possession Charges if the Gun Is Locked Up?

People often wonder, “Can a felon live in a house with a gun in Ohio if the gun is locked up?” The answer depends on whether the person with the felony criminal record has access. If the gun is in a safe they can open, they might still face charges.

Can a Convicted Felon Get Back Their Firearm Rights?

Yes, a felon and their Ohio criminal defense attorney have several options for restoring the person’s firearm rights after a conviction, including the following options:

• Seeking a pardon from the governor by filing a petition with the Ohio Parole Board.
• Applying for expungement of their criminal convictions by filing an application in court.
• Sealing the person’s criminal records.
• Petitioning for relief from their weapons prohibition.

The narrowest option is a petition for relief from weapons prohibitions. To petition for relief, the petitioner must meet the following requirements:

• The sentence has been served.
• They have led a law-abiding life and appear likely to continue.
• They have no other prohibition against acquiring, having, or using firearms.

The last one can be tricky if you have convictions in other states or federal convictions.

Penalties for Violating Ohio Gun Laws for Felons

Clients ask, “What happens if a convicted felon is caught with a gun?” Possession of a firearm by a convicted felon is charged as a third-degree felony. It can result in harsh penalties, including a prison term of up to 36 months. Under Ohio Revised Code § 2923.12, you might face additional charges if you were caught with a concealed firearm or deadly weapon other than a gun. Fortunately, a criminal defense attorney may be able to present defenses that result in a reduction or dismissal of your charges.

Defenses to Felon in Possession of a Firearm

Can a felon beat a gun charge? You and your attorney can raise the following defenses to felon in possession of a firearm charges:

• The prosecution failed to prove all the elements of the charge.
• Evidence against you was recovered in an illegal search.
• You have evidence to negate one or more elements of the offense.

Applying these strategies to a charge of possession of a firearm by a convicted felon, you may have several defenses. You can show that you did not know about the firearm or intend to possess it. For example, if someone else left it in your car without your knowledge, you lacked the intent or knowledge required by the law.

Another defense is that the police did not have grounds to search you when they found the gun. The Constitution requires the police to either have a search warrant or probable cause to search you.