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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 23582
Experience:  Active member of the NYS bar since 1989
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How do I file of weapons disability in the state of ohio?

Customer Question

How do I file for releif of weapons disability in the state of ohio?
Submitted: 9 months ago.
Category: Legal
Expert:  Zoey, JD replied 9 months ago.

Hello,

Were your gun rights taken away and are you now looking to restore them? Why did you lose them?

Customer: replied 9 months ago.
Misdemeanor dv in 2008, looking to restore to get a ccw permit.
Expert:  Zoey, JD replied 9 months ago.

Hello,

Unfortunately, the problem isn't with Ohio. Ohio has no law in place that would cause you to lose your gun rights after a domestic violence conviction. The real problem is the Federal government. Regardless of what Ohio is willing to do for you, a DV conviction costs you your Federal rights. Worse yet, under the Violence Against Women Act and the Lautenberg Amendment, the bar against your Federal rights is for life, unless/until Federal law changes. This matter was taken up by the US Supreme Court in 2014 for the states in your Federal district. You can read more about the decision here.

You're not going to be able to get your rights back and get a CCW, because the Federal government has no provision to restore them.

Customer: replied 9 months ago.
What about ohio.gov orc/2923.14 releif from weapons disability?
Expert:  Zoey, JD replied 9 months ago.

You don't have a state weapons disability. You have a FEDERAL disability that won't go away. Even if Ohio grants you a CCW, you can be charged under Federal law as unlawfully possessing a firearm. Federal law trumps state law, so the fact that Ohio might overlook your conviction will not help you.

Customer: replied 9 months ago.
How would ohio grant a ccw if federal law prohibits it?
Customer: replied 9 months ago.
Is there any way to restore a federal disability?
Expert:  Zoey, JD replied 9 months ago.

You have gun rights still in Ohio, so you can apply for a CCW. Whether they would grant you one is another matter, because you wouldn't pass a Federal check with a DV misdemeanor on your record. But it's legal for you to possess a weapon in Ohio. That won't protect you from Federal problems, as I've already indicated.

There is no way to remove this particular Federal disability until the law changes. Under Lautenberg, currently you lose Federal rights for life if the complainant was a domestic partner and your conviction involved the use of force or threat of force.

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