ORC 2923.14 Restoration of Firearms Rights

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Island Runner
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ORC 2923.14 Restoration of Firearms Rights

Post by Island Runner »

Hello everyone! New here and was not sure where to post this so excuse me if this needs moved.

I recently (June 4th) was granted full restoration of my firearms rights persuant to ORC 2923.14. Six months prior to this (Dec. of 2014) I filed to have my record sealed/expunged and that has all been done. That said, i have a few questions:

How long do I need to wait before attempting to purchase a firearm?

Do I need to take the certified copy of the judgement entry to anyone? I ask this because for the record sealing part I had done, the court directs the Chief Probation Officer to conduct and oversee the "sealing" of the records and notify any other pertinent agency. During the hearing where the judge granted my relief, he said the Probation Dept. handles this as well and they are typically processed within 7 days. I was just on the phone with the Chief Probation Officer, who remembered handling the sealing of my records, and said he has nothing to do with this process and to call the Sheriff if I had any more questions. Was the judge mistaken by saying the Prob. Dept. handles the restoration as well?

How should I proceed? The Judge told me my restoration is effective immediately and my certified copy of the judgement clearly states this. He advised me to carry that copy with me while I'm in possession of a firearm for awhile to give it time to "get through" the system. How long does it take to "get through" the system? The Jusge also informed me that because of all this I was now eligible for my CCW permit and actually recommended me to apply for one, but first things first here. I need to purchase gun before I can carry one.

Should I go try to purchase a firearm and if denied, go through the lengthy appeal process?

What should I do? Any and all suggestions are appreciated.
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Re: ORC 2923.14 Restoration of Firearms Rights

Post by Chuck »

Are you near Columbus by any chance?
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Island Runner
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Re: ORC 2923.14 Restoration of Firearms Rights

Post by Island Runner »

Thanks for the reply and suggestion. I am 2.5 hours from Columbus. My attorney who handled both my restoration and sealing petitions has no answers for me either. My cases were his first sealing and his first restoration. He is our family lawyer who handles mainly family, estate, trust, etc. issues. He shockingly knew so little about it that he advised me I was able to buy firearms after my record was sealed. After they were sealed I waited around 60 days and gave it a go. I was delayed for 2 days then denied on the third day. Thinking what the hell happened here, I researched it myself and came across ORC 2923.14. I promptly called my attorney back and told him I needed to also restore my firearms rights as sealing does not automatically do that in Ohio. He did, judge granted it, here I am. Now what?
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Re: ORC 2923.14 Restoration of Firearms Rights

Post by BobK »

You have the right to possess a firearm, so I think you should jump right in with exercising that right.

If you attempt purchase with an FFL and are denied, there is a process that let's you appeal the denial and then apply for a UPIN that ensures your updated status is stored with the FBI. I'd also keep a copy of the paperwork on my phone. For example, scan it into google docs so you can access it anywhere.

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Island Runner
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Re: ORC 2923.14 Restoration of Firearms Rights

Post by Island Runner »

Thanks BobK! This is the option I have been heavily considering. Seems to be a lengthy and involved process, but I have already invested $3000 and 14 months in it. I guess it's just more time, paperwork, and beaurocracy. I was hoping for quicker/better options but also realize this is the real world where it's easy to lose your rights and real fight to get them back.
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Re: ORC 2923.14 Restoration of Firearms Rights

Post by pirateguy191 »

Island Runner wrote:Thanks for the reply and suggestion. I am 2.5 hours from Columbus.
Cleveland area?
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Island Runner
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Re: ORC 2923.14 Restoration of Firearms Rights

Post by Island Runner »

No, I am far western Mercer County. My home is the last house in Ohio on the Indiana state line.
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Re: ORC 2923.14 Restoration of Firearms Rights

Post by MyWifeSaidYes »

At the state level, you should apply for your Concealed Handgun License now and INCLUDE a copy of the court order of your restoration.

If the Sheriff has ANY problem, let him know that he should get the county prosecutor's advice before denying your application.

If they deny it anyway, file an appeal.


At the federal level, you are no longer disqualified from purchasing a firearm, BUT the "paperwork" regarding your restoration and sealing of records may never actually remove those records from the FBI databases. That will cause delays and denials when an FFL calls you into NICS.

As BobK mentioned, you can apply for an FBI Voluntary Appeals File (VAF). You send your completed application, fingerprint card, a copy of the court order of your restoration and, if you have one, a court order sealing your records.

This information will be validated and permanently stored in the NICS system until you tell them to remove it. As long as you don't get any further disqualifiers, this will eliminate delays and denials from NICS. There is a box on the form 4473 (box #9 on the current form) to enter your UPIN, the number NICS will provide to you when they finish creating your VAF.

The process takes 4 to 6 months but is worth it. The VAF application doesn't cost anything, but your local PD will probably charge you a few bucks to fill out your fingerprint card.
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Re: ORC 2923.14 Restoration of Firearms Rights

Post by Island Runner »

Great info MyWifeSaidYes. Thank you.

Do I need to attempt a purchase and be denied to file the VAF appeal? Or can I somehow just do all that in advance and skip the embarrassment of another denial at the local FFL?
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Re: ORC 2923.14 Restoration of Firearms Rights

Post by djthomas »

Anybody can submit their information the VAF at any time.
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Re: ORC 2923.14 Restoration of Firearms Rights

Post by MyWifeSaidYes »

What djthomas said. Do it now.

You CAN attempt and be denied, then appeal by sending in your court order BUT it will be good ONLY for that NTN (NICS Transaction Number). That's how NICS works. They don't aren't allowed by law to retain any information about you. It is a "fresh" background check each time an FFL calls in.

Without the VAF, you will again be denied the next time you attempt a purchase.
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Re: ORC 2923.14 Restoration of Firearms Rights

Post by Island Runner »

Thanks everyone! Great info and much appreciated.

I just went to the county courthouse, received certified copies of the Restoration of Firearms rights and the Sealing of the Records, went to the Sheriff and had my fingerprints taken, downloaded and filled out the forms for the VAF application, and put them in the mail.

I do see a flaw in the current restoration process as there is no legal mechanism for the Restoration of Firearms rights to be put into the Federal "system". I say this because I took my certified copy of the judgement to the Sheriff and the State Highway Patrol. Both agencies acted is if there was nothing they could do with it and told me to keep it on me when I was in possession of a firearm. The Sheriff said he did not know what to do with it and he already had the sealed records part on file. The Highway Patrol told me to take it to the Sheriff as it's a County matter. It's seems as the only way for a restoration to get to the Federal level databases is to apply for the VAF and UPIN.

I will continue to update this thread for others who may find themselves in the same situation and who may need the advice I have been seeking. Hopefully my next update will be sooner than 4-6 months away! :shock:
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Re: ORC 2923.14 Restoration of Firearms Rights

Post by JediSkipdogg »

Island Runner, I won't bore anyone but you have found some of the hiccups with current processes. There are tons of databases out there, access to what is stored in what is restricted, and even who can access what is restricted. There should be one database that everyone can access, but well, there's not. I deal with it on a daily basis in my line of work and it's a headache and sometimes I just feel bad for those trying to get their life back on track.
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Re: ORC 2923.14 Restoration of Firearms Rights

Post by WY_Not »

And some of us enjoy multiple databases by using different versions of info as often as possible. :mrgreen:
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Re: ORC 2923.14 Restoration of Firearms Rights

Post by Stryker74 »

MyWifeSaidYes wrote:At the state level, you should apply for your Concealed Handgun License now and INCLUDE a copy of the court order of your restoration.

If the Sheriff has ANY problem, let him know that he should get the county prosecutor's advice before denying your application.

If they deny it anyway, file an appeal.


At the federal level, you are no longer disqualified from purchasing a firearm, BUT the "paperwork" regarding your restoration and sealing of records may never actually remove those records from the FBI databases. That will cause delays and denials when an FFL calls you into NICS.

As BobK mentioned, you can apply for an FBI Voluntary Appeals File (VAF). You send your completed application, fingerprint card, a copy of the court order of your restoration and, if you have one, a court order sealing your records.

This information will be validated and permanently stored in the NICS system until you tell them to remove it. As long as you don't get any further disqualifiers, this will eliminate delays and denials from NICS. There is a box on the form 4473 (box #9 on the current form) to enter your UPIN, the number NICS will provide to you when they finish creating your VAF.

The process takes 4 to 6 months but is worth it. The VAF application doesn't cost anything, but your local PD will probably charge you a few bucks to fill out your fingerprint card.
I am not a lawyer - but you might want to get the VAF paperwork done before applying for a CHL. Since the CHL now runs through NICS, it will potentially come back as denied like the firearm purchase may until that VAF is in place.

I would suspect that a 'Denied' on the NICS check would override your restoration in the eyes of the sheriff, as it could be viewed that there are restrictions from other states.
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