Restoration of rights question

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bsctov
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Restoration of rights question

Post by bsctov »

Hello everyone,

I need someone else to take a look at what I've got so far because I just say the results a both a little funny, and a little terrifying, and hopefully I'm wrong.

So under the ORC restoration of rights process, you can apply to the common pleas court and get a restoration of rights if you are disabled from gun ownership under state law, and this relief is now federally viable as well. However, the crime you are convicted of must be disqualifying under both state and federal law for the relief to be valid federally. So, applying this criteria.. if you were convicted of aggravated drug trafficking or a violent felony you could get your rights restored, but not so if you were convicted of a non drug or non violent felony because Ohio does not prohibit all felons from gun ownership, just violent and drug related ones. And since an Ohio court would have no standing to relieve disability it has not imposed.

????


So if you are a violent drug dealer, you can get your rights back, but not if you are convicted of an F4 or higher non violent or non drug crime.
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Werz
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Re: Restoration of rights question

Post by Werz »

bsctov wrote:Hello everyone,

I need someone else to take a look at what I've got so far because I just say the results a both a little funny, and a little terrifying, and hopefully I'm wrong.

So under the ORC restoration of rights process, you can apply to the common pleas court and get a restoration of rights if you are disabled from gun ownership under state law, and this relief is now federally viable as well. However, the crime you are convicted of must be disqualifying under both state and federal law for the relief to be valid federally. So, applying this criteria.. if you were convicted of aggravated drug trafficking or a violent felony you could get your rights restored, but not so if you were convicted of a non drug or non violent felony because Ohio does not prohibit all felons from gun ownership, just violent and drug related ones. And since an Ohio court would have no standing to relieve disability it has not imposed.

????

So if you are a violent drug dealer, you can get your rights back, but not if you are convicted of an F4 or higher non violent or non drug crime.
That's not necessarily a true statement. Ohio appellate courts are split on the issue. However, because R.C. 2923.14 now refers to a "person who is prohibited from acquiring, having, carrying, or using firearms" rather than the former "person who, solely by reason of the person's disability under division (A)(2) or (3) of section 2923.13 of the Revised Code, is prohibited from acquiring, having, carrying, or using firearms," more appellate courts are gravitating toward relieving disabilities other than those under R.C 2923.13, and some are leaning toward relieving someone from CHL disqualifiers which do not necessarily prohibit a person from owning or possessing a firearm.
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bsctov
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Joined: Wed May 16, 2007 6:47 am

Re: Restoration of rights question

Post by bsctov »

I'm pretty sure an order from an Ohio court relieving a disability that doesn't exist under state law would do precisely nothing to the federal disability. It's like when someone has an MCDV conviction and the state relief doesn't work to remove the federal disability, because Ohio doesn't impose such a disability.

I wish SeanC or another one of the lawyers could weigh in on this. Just interesting to hear different opinions.
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cashman966
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Re: Restoration of rights question

Post by cashman966 »

bsctov wrote:I'm pretty sure an order from an Ohio court relieving a disability that doesn't exist under state law would do precisely nothing to the federal disability. It's like when someone has an MCDV conviction and the state relief doesn't work to remove the federal disability, because Ohio doesn't impose such a disability.

I wish SeanC or another one of the lawyers could weigh in on this.
You mean like Werz?
Ignorant or Stupid, I'm not sure which is worse. If someone were stupid, at least they'd have an excuse for all the dumb things they say.

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bsctov
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Re: Restoration of rights question

Post by bsctov »

Yep.......like...another one...like someone else. That's what I meant by "another". Already got a nasty pm from someone else who presumed I was calling him incompetent.
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SeanC
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Re: Restoration of rights question

Post by SeanC »

bsctov wrote:
I wish SeanC or another one of the lawyers could weigh in on this. Just interesting to hear different opinions.
I'm pretty much emeritus at this point. Too many nasty posts and nasty PMs for my tastes. Bur Werz is usually spot on.
I am a lawyer; I am not your lawyer.
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