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Michelle
Michelle, Elected/Appointed Official
Category: Criminal Law
Satisfied Customers: 4136
Experience:  30 + yrs in the legal profession incl. criminal, family, politics, legislator judiciary 6 yrs
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Can I possess / own a firearm if I had a felony 10 years ago

Resolved Question:

I was convicted in 1997 of a felony in drug trafficking. The case has since been closed and I am applying for expungement now. I recently inherited 4 rifles from a relative. Can I legally possess or own these? Do I have to have my record expunged first before possessing them?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Michelle replied 6 years ago.

Dear XXXXXfolkz

Unfortunately, those convicted of drug crimes and those convicted of "violent" felonies are precluded from purchase, ownership or possession of any firearm - according to Ohio law. This would include antiques. While Federal law does allow for antique possession, Ohio treats antiques and replicas as modern day firearms under the law, thereby precluding any possession, etc.

In addition to an expungment you would also need a full pardon with restoration of your firearm rights via the Governor's office.

Best to you in this matter,

 

Michelle, Elected/Appointed Official
Category: Criminal Law
Satisfied Customers: 4136
Experience: 30 + yrs in the legal profession incl. criminal, family, politics, legislator judiciary 6 yrs
Michelle and 13 other Criminal Law Specialists are ready to help you
Customer: replied 6 years ago.
ok, so if granted the expungment where do I go or file, when you say governor's office, for restoration rights and please let me know anything I may need to know. Thanks
Expert:  Michelle replied 6 years ago.

Dear XXXXXfolkz

You need to contact the Ohio Parole Board - this does not matter whether you were ever on Parole - you need to get an application there - and then once that is complete, a panel will evaluate to see if it should go to the Governor's desk for consideration.

You can call the Board and ask about the application for a pardon with full firearm restoration rights. Keep in mind, that there are no guarantees and the process is lenghty because an investigation needs to be complete and there is usually a "waiting" list - it could take a year from the time you apply to even get the investigation complete - and then once that is done, the panel will decide whether to submit to the Governor - if they should agree that it should be considered, the Governor will then either deny or approve.

Best to you in this matter,

 

Customer: replied 6 years ago.
What is your opinion on if you think they would pardon me. This has been my first ( and last ) felony offense. I have no currently charges.
Expert:  Michelle replied 6 years ago.

Dear XXXXXfolkz

It is so hard to tell - it depends on so much - Crime, age, what your life is like now, etc...

Again here is the link for Clemency, Pardon information and the application online

It's always worth the effort as so much of your freedom is restricted without it.

http://www.drc.state.oh.us/web/ExecClemency.htm

Read that page, all the information is there and links for the applications, etc

Best of success to you

 

Customer: replied 6 years ago.
Thank You.

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