Can a Felon Own a Gun in Ohio?

If you face illegal gun possession charges or wish to further understand your gun possession rights, contact an attorney immediately.

In Ohio, people convicted of violent felonies or felony drug offenses cannot knowingly own or possess a gun. A gun crime attorney in Columbus Ohio can help you whether you’ve been charged with illegally possessing a gun in Ohio, or if you are trying to understand your gun possession rights.

No matter your situation, a criminal defense lawyer can explain Ohio gun laws for felons. Additionally, a lawyer can explain what defenses might apply to your case and can help you restore your rights to possess a gun.

Ohio Gun Laws for Felons

Ohio law provides specific rules regarding a convicted felon’s right to own a gun.

General Rules

A person in Ohio cannot acquire, have, carry, or use a gun if convicted of a felony involving: 

• Violence, or 
• The possession, use, sale, administration, distribution, or trafficking of an illegal drug. 

A person who possesses a gun in violation of this rule is guilty of a third-degree felony. Third-degree felonies in Ohio carry a maximum punishment of up to sixty months in prison and a $10,000 fine.

However, it is important to understand that this rule does not apply to people convicted of felonies that did not involve violent crimes or drug offenses. If you’ve been convicted of a felony and aren’t sure if you can legally own or possess a gun, you should speak with a criminal defense attorney as soon as possible.

Can the Spouse of Felon Own a Gun in Ohio?

If your spouse is a convicted felon, you may still own a gun in Ohio. However, your gun ownership may put your spouse at risk of criminal charges. A person may be deemed in possession of a firearm if they are able to exercise control over it. So it’s important to make sure that your spouse does not have any access to the gun. For example, you could lock the gun in a safe that they cannot open.

Defenses

If you are a convicted felon and face illegal gun possession charges in Ohio, an attorney can raise many defenses. Here are three common defenses that can be used in illegal gun possession cases.

The Police Violated Your Fourth Amendment Rights

Depending on the facts of your case, an attorney may argue that the police found the gun during an illegal search or seizure. Under the Fourth Amendment to the United States Constitution, police must have a warrant to search you or seize your property except in a few limited circumstances. If the police obtained the gun in violation of your Fourth Amendment rights, an attorney may be able to have the gun excluded from evidence. An attorney may even be able to get your charges reduced or dropped.

You Did Not Knowingly Possess the Gun

Another argument a criminal defense attorney may make to defend against your charges is that you did not knowingly possess the gun. Sometimes, individuals can face gun possession charges because they were riding in a car that contained guns. For example, if guns were in the trunk of the car and you did not know that they were there, you may be able to argue that you did not knowingly possess the guns.

You Were Taking the Gun to the Police

Depending on the circumstances of your case, an attorney may be able to argue that you possessed a gun because you were taking it to the police. For example, you might successfully defend against your charges if you found a gun in a public place and were bringing it to the police at the time of your arrest.

You should speak with a criminal defense attorney to find out which defenses might apply to your case.

Restoring Gun Possession Rights

In Ohio, felons convicted of violent or drug-related crimes may restore their rights to possess a gun. To regain your gun possession rights, an attorney can help you file a petition in state court. If the petition is successful, then you may possess a gun as if you were never charged with a violent or drug-related felony. However, regaining your gun possession rights does not clear your criminal record of the felony conviction.

Contact an Ohio Criminal Defense Lawyer Today

At the Joslyn Law Firm, our criminal defense lawyers have handled over 15,000 cases in the central Ohio court system. Through our experience, we have developed relationships with both judges and prosecutors. We understand that having relationships with these individuals can have a substantial impact on the outcome of your case. 

If you face illegal gun possession charges or wish to further understand your gun possession rights, contact an attorney immediately.

By Brian Joslyn

Contact Joslyn Law Firm for legal assistance, questions, or representation.