Ccw or gun ownership state and federal confusion

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Ccw or gun ownership state and federal confusion

Postby Heights216 » Sun Oct 28, 2018 9:00 pm

Hi, I tried to use the search but was unable to find anything related to my issue so sorry if it’s been asked. But question, a relative of mine was convicted of a 3rd degree felony for theft. It was non-violent and did not involve guns or drugs. From my understanding, he would be able to own a gun by Ohio standards. But looking on the federal side, it says any crime punishable over a year. Looking further into it, I read somewhere that if someone get their rights restored in the state, the feds will honor that. But in this case, there is nothing to get restored in Ohio since Ohio already says he can own a gun. So can he own a gun and get a ccw or not. Thanks in advance for any input. We contacted a lawyer but they were confused also.
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Re: Ccw or gun ownership state and federal confusion

Postby JustaShooter » Mon Oct 29, 2018 7:19 am

My understanding is that he is a prohibited person under Federal law and cannot posses a firearm even though he is not prohibited under Ohio law. Because of that, he would fail a NICS check, which is required under Ohio law to get a CHL.

As to restoration of rights, I'm not sure how to go about it, especially in this case. I'd suggest a lawyer more versed in firearms law, perhaps Derek DeBrosse (AKA The Gun Lawyer) or someone from the Munitions Law Group http://munitionsgroup.com/wp/
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Re: Ccw or gun ownership state and federal confusion

Postby MacDonald » Tue Oct 30, 2018 12:15 am

IANAL, but a relative had a nonviolent felony conviction in another state. He had the conviction reduced to a misdemeanor and then set aside.
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Re: Ccw or gun ownership state and federal confusion

Postby MyWifeSaidYes » Tue Oct 30, 2018 1:54 am

Before being modified in 2016, R.C 2923.14 did not allow for relief from a disability that wasn't an Ohio-specific conviction.

Since then, an applicant can list any disabling factor and seek relief.

I, too, would recommend Derek DeBrosse for legal assistance with an application for relief.
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