Possession of a Firearm by a Convicted Felon
Under Ohio Revised Code §2923.13, individuals who are under indictment or have been convicted for any violent offense are prohibited from acquiring, having, carrying, or using any firearm. The rights to firearms are restored for nonviolent felons after they complete their sentences, and violent felons can petition the court to have their rights restored so long as they can demonstrate they have “led a law-abiding life since discharge or release, and appears likely to continue to do so.”
A convicted felon who is charged with possessing a firearm faces serious penalties, including significant fines and a lengthy prison sentence. A weapon does not necessarily have to be working or even on the body of the individual in order to result in a possession of a firearm by a convicted felon charge.
Dayton Possession of a Firearm by a Convicted Felon Lawyer
If you are charged with the illegal possession of a firearm, it is extremely important for you to work with a highly experienced criminal defense attorney. The dedicated lawyers at the Joslyn Law Firm provide aggressive defenses against possession of a firearm by a convicted felon charges, and we will fight to protect your rights.
Our firm helps clients from all over Montgomery County, including locations such as Xenia, Fairborn, Springfield, and Troy. If you have been charged with possession of a firearm by a convicted felon, you should immediately contact the Joslyn Law Firm at (937) 356-3969 or send us a message online to schedule a free, confidential consultation.
Montgomery County Possession of a Firearm by a Convicted Felon Information Center
- Can You Buy or Possess a Firearm with a Felony in Ohio?
- Ohio Possession of a Firearm by a Convicted Felon Penalties
- Possible Possession of a Firearm by a Convicted Felon Defenses
- Can a Felon Live with Someone Who Owns a Gun in Ohio?
- Can A Felon Get Their Gun Rights Back in Ohio?
- Additional Resources
Can You Buy or Possess a Firearm with a Felony in Ohio?
The United States allows its citizens the right to bear arms if they consult the appropriate channels. However, in many states including Ohio your gun rights will be automatically relinquished if you any of the following apply to you:
- You’re a fugitive of justice
- You’re under indictment or have been convicted of a felony violent offense
- You were adjudicated as a delinquent child for the commission of an offense that, if committed by an adult, would have been classified as a violent felony
- You’re under indictment or have been convicted of a felony offense involving the illegal use, sale, possession, administration, distribution or trafficking of any drug
- You were adjudicated as a delinquent child the illegal use, sale, possession, administration, distribution or trafficking of any drug that, if you had been an adult, would have been charged as a felony
Penalties forPossession of a Firearm by a Convicted Felon in Ohio
Illegal possession of a firearm by a convicted felon in Ohio is considered a third-degree felony. On its own, possession of a firearm by a convicted felon can result in:
- Up to 36 months in prison
- Fines of $10,000
While a convicted felon can face serious repercussions for possession of a firearm alone, it is not uncommon for most gun crimes to be additions to other federal charges. The total severity of these accusations further underscores the importance of hiring a highly capable Dayton criminal defense attorney.
Possible Defenses for Possession of a Firearm by a Convicted Felon in OH
The specifics of every gun crime are different, but there are certain defense strategies that have been effective in helping getting charges reduced or dismissed. Some examples of arguments that may create a reasonable doubt about the government’s case against you include, but are not limited to:
- Lack of evidence you possessed the firearm
- You did not knowingly possess the firearm
- Firearm was found through an illegal search
- You possessed the firearm while taking it from another person who was committing a crime
- You possessed the firearm only because you were transporting it to a law enforcement agency
Because every case is unique, there are certainly other defenses that might apply your own situation. You will want to make sure you have legal counsel that examines the specifics of your case and develops the best possible strategy for fighting the charges against you.
Can a Felon Live with Someone Who Owns a Gun in Ohio?
As a felon, you are prohibited from purchasing or owning a gun in any capacity. But what if you live with another person and they own a firearm? Will that person face criminal charges, or will you be charged with possession of a firearm by a convicted felon because it’s in your shared home? The answer isn’t simple and depends on if you have access to the gun or not.
To not face criminal charges, the firearm must be secured in such a fashion that there would be no question that the felon cannot access it. If there’s any evidence you have or had constructive possession over the gun, then you’ll be charged with possession of a firearm by a felon. The term “constructive possession” means that the firearm was within your power and control. The gun doesn’t have to be on your person or even near you for you to be considered in constructive possession. It just has to be accessible to you and therefore within your control.
Can A Felon Get Their Gun Rights Back in Ohio?
Thankfully, the state of Ohio does provide options for felons so they can have their firearm possession rights restored. One option is to expunge your record of the felony and therefore have your gun rights restored automatically once that processed has finished. However, expunging a felony off a criminal record in Ohio is difficult and rare. If you aren’t able to expunge your record, you can instead submit a direct petition to the state.
Under the Ohio Revised Code Section 2923.14, the petition must be sent to the Court of Common Pleas in your local jurisdiction. It’s within the court’s discretion whether they will grant the petition or deny it altogether. When determining their decision the court will review several factors including:
- If you lived a “law-abiding” life since your felony conviction;
- You haven’t been prohibited from owning a firearm for any other reason; and
- If you’ve completed all the conditions to your sentence.
Additional Resources
Restoration of Rights Project | Ohio Information – Visit the official website for the Restoration of Rights Project (RRP), which is a non-profit organization dedicated to assisting others with the restoration of their civil and firearm rights. Access the site to learn how to restore your firearm rights as a felon, information about pardons, expungement process in Ohio, and other relevant information you may need.
Felon Conviction Disabilities | Ohio Revised Code – Visit the official website for the Ohio Revised Code (OCR) to learn more about their statutes regarding possession of a firearm by a convicted felon. Access the site to learn the elements of the crime, what other disabilities do not allow a resident to own a firearm, and the penalties for the crime.
Gun Rights Attorney for Felons in Dayton, Ohio
It can be incredibly stressful and frightening to be charged with illegal possession of a firearm. The Joslyn Law Firm understands the tremendous burden these charges place upon individuals, and we fight for clients in Dayton as well such communities as Huber Heights, Piqua, Kettering, Beavercreek, and New Carlisle.
You can receive a free consultation when you contact the Joslyn Law Firm by calling (937) 356-3969 or sending us a message online. Our criminal defense attorneys represent individuals throughout Montgomery County facing gun charges, and we will work tirelessly to help you achieve the most favorable outcome possible to your case. Some cities we serve include Dayton, Rockville, Germantown, White Oak, Olney, Clarksburg, Montgomery Village, White Oak and Kensington.
We also assist with improper handling of a firearm cases.
