M4 DV in Ohio and firearm rights?

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slushy_07
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M4 DV in Ohio and firearm rights?

Post by slushy_07 »

I was charged with M4 DV and my record was recently expunged. I was going through the ohio and federal law and got lost and confused. Does my record being expunged/ sealed mean my firearm rights are reinstated or do i need to apply for a firearm disability relief also?
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SeanC
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Re: M4 DV in Ohio and firearm rights?

Post by SeanC »

When you write that you were charged with a DV, do you mean you were convicted of a DV? And what was your relationship to the victim (it makes a difference)? When was the conviction?
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Re: M4 DV in Ohio and firearm rights?

Post by slushy_07 »

convicted i think i took a plea bargin and it says threat/force on the paperwork it was between my wife and i.
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Re: M4 DV in Ohio and firearm rights?

Post by slushy_07 »

they removed the case from the dayton municipal court website already
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Re: M4 DV in Ohio and firearm rights?

Post by SeanC »

You're in sort of a weird spot. Federal law looks to state law to see if there has been a disqualifying conviction. Your conviction certainly disqualifies you. Sealing the record is not the same as an expungement, and my understanding of federal law is that having the record sealed does not turn the conviction into a non-conviction. You can't get a state-law firearms rights restoration because you didn't lose your state rights by virtue of the misdemeanor; the state court can't restore rights you didn't lose under state law.

You've got three options. First, you go back to the court and try to get the conviction set aside. Second, you get a pardon from the governor. Third, you get the ATF to grant your petition for restoration of your rights under federal law.

The first option is pretty difficult. You either need a prosecutor and judge who are sympathetic to the cause, or who are asleep at the switch. You probably wouldn't want to do option #1 without an attorney's help. The second is pretty much impossible unless you're politically connected. The third is impossible right now. Federal law lets the Attorney General hear and grant petitions to restore firearms rights. The AG delegated the task to BATFE. Congress has never given BATFE funding to hear the petitions, so BATFE doesn't review them. You can appeal a denial to the district court, but last time I checked, the courts said that not reviewing the petitions is not the same thing as denying them, so there is no relief. I always thought that authority could be challenged successfully, but I haven't had a client willing to pay the bill to fight it.

So basically, (1.) convince a judge and prosecutor to let you set aside the conviction and plead to something different, (2.) make a large donation to the governor, or (3.) sue the BATFE and make them hear rights restoration petitions. Otherwise, you're stuck.
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slushy_07
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Re: M4 DV in Ohio and firearm rights?

Post by slushy_07 »

wow i just want to go into the reserves and get opota certified.
when i was getting my paperwork after the trial i had to sign a notice concerning posession or purchase of firearms. orc section 2943.033 and superintendence rule 10.04.
then the paperwork i recieved after my record was sealed says "grants the application to seal conviction record and orders that the record above be sealed, along with the arrest record, and deemed not to have occurred.
and i was told by a friend in adult probation because it was a m4 dv once my record was sealed i got my rights back. but they also said to check another source. i dont know what to do.
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Re: M4 DV in Ohio and firearm rights?

Post by MyWifeSaidYes »

How old were you when you were convicted?
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slushy_07
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Re: M4 DV in Ohio and firearm rights?

Post by slushy_07 »

MyWifeSaidYes wrote:How old were you when you were convicted?
i was 23 when it happened
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Re: M4 DV in Ohio and firearm rights?

Post by SeanC »

slushy_07 wrote:wow i just want to go into the reserves and get opota certified.
when i was getting my paperwork after the trial i had to sign a notice concerning posession or purchase of firearms. orc section 2943.033 and superintendence rule 10.04.
then the paperwork i recieved after my record was sealed says "grants the application to seal conviction record and orders that the record above be sealed, along with the arrest record, and deemed not to have occurred.
and i was told by a friend in adult probation because it was a m4 dv once my record was sealed i got my rights back. but they also said to check another source. i dont know what to do.
The problem with a lot of this stuff is that it's tuned to state law, not federal law. Guys at your county courthouse, and even some of the guys at OPOTA--though certainly not all--don't have a great grasp on the federal process.

If you're trying to join the reserves (military or police?) and get OPOTA certified, presumably to become a peace officer of some sort, you might have a shot at the set-aside. You basically have to go convince a judge and prosecutor that your conviction was "such a denial or infringement of the person's rights as to render the judgment void or voidable under the Ohio Constitution or the Constitution of the United States," and that they should set aside the conviction. It's a good idea to have some other criminal offense picked out that you're willing to plead to, something with similar penalties or even more stringent penalties and fines, but no firearm disability. Then you get a hearing where you call 100 witnesses to testify about what a good guy you are and how you've got great things planned with your life, and you personally testify that you had no idea the plea would carry life-long consequences or you never would have made it. See how that can go either way? A sympathetic judge might grant your request.
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Re: M4 DV in Ohio and firearm rights?

Post by WY_Not »

And that right there is why this nonsense about loosing your rights needs to go away. If you are soooo dangerous that you can't be trusted to possess firearms or to vote then you are too dangerous to be on the street and should still be in jail. If you have served your time it should be over.
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Re: M4 DV in Ohio and firearm rights?

Post by WestonDon »

WY_Not wrote:And that right there is why this nonsense about loosing your rights needs to go away. If you are soooo dangerous that you can't be trusted to possess firearms or to vote then you are too dangerous to be on the street and should still be in jail. If you have served your time it should be over.
Agree 100%. Especially since I don't believe it has any significant effect on future criminal activity. I don't see that happening in this millennium. Sadly.
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slushy_07
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Re: M4 DV in Ohio and firearm rights?

Post by slushy_07 »

Ok good news and more good news. The ohio opota certification convictions department got back in contact with me and informed me that i can become opota certified. i can become a peace officer in the state of ohio and off subject i asked about personal firearm rights and they said that is restored as well. I also spoke with an Army recruiter and they informed me that i could enlist because i eas'ed out of the USMC with an honerable discharge, but i could only enlist reserves and i need a waiver.
there is hope for thoes who have made a mistake and have been convicted of a m4 dv and have made a change and had the conviction sealed in Ohio.
also if i was so dangerous i would not have my wife and 2 kids living with me.
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Re: M4 DV in Ohio and firearm rights?

Post by slushy_07 »

SeanC wrote:
slushy_07 wrote:wow i just want to go into the reserves and get opota certified.
when i was getting my paperwork after the trial i had to sign a noticeFfffby concerning posession or purchase of firearms. orc section 2943.033 and superintendence rule 10.04.
then the paperwork i recieved after my record was sealed says "grants the application to seal conviction record and orders that the record above be sealed, along with the arrest record, and deemed not to have occurred.
and i was told by a friend in adult probation because it was a m4 dv once my record was sealed i got my rights back. but they also said to check another source. i dont know what to do.
The problem with a lot of this stuff is that it's tuned to state law, not federal law. Guys at your county courthouse, and even some of the guys at OPOTA--though certainly not all--don't have a great grasp on the federal process.

If you're trying to join the reserves (military or police?) and get OPOTA certified, presumably to become a peace officer of some sort, you might have a shot at the set-aside. You basically have to go convince a judge and prosecutor that your conviction was "such a denial or infringement of the person's rights as to render the judgment void or voidable under the Ohio Constitution or the Constitution of the United States," and that they should set aside the conviction. It's a good idea to have some other criminal offense picked out that you're willing to plead to, something with similar penalties or even more stringent penalties and fines, but no firearm disability. Then you get a hearing where you call 100 witnesses to testify about what a good guy you are and how you've got great things planned with your life, and you personally testify that you had no idea the plea would carry life-long consequences or you never would have made it. See how that can go either way? A sympathetic judge might grant your request.
thank you for the information sean i do appreciate your time. I am still going to consider taking it to court to have it set aside funds are going to be an issue though a
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