Ccw or gun ownership state and federal confusion

This forum is for discussion of general issues regarding Concealed Carry in your everyday life. This forum is not intended to be political or for discussing legislation.

Moderators: Coordinators, Moderators

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.
Posts: 1
Joined: Sun Oct 28, 2018 8:47 pm
Location: Akron ohio

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
Christian, Husband, Father
NRA Life Member
NRA Certified Range Safety Officer
NRA Certified Pistol & Rifle Instructor

Want to become more active with OFCC and help fight for your rights? Click Here!
User avatar
OFCC Coordinator
OFCC Coordinator
Posts: 4819
Joined: Thu Feb 07, 2013 3:08 pm
Location: Akron/Canton Area

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.
John 3:16
Romans 1:16- "For I am not ashamed of the Gospel of Christ..."
NRA Lifetime Member
To be sure of hitting the target, shoot first and call whatever you hit the target.
"Live free or die: death is not the worst of evils" - John Stark
Posts: 236
Joined: Sun Mar 30, 2014 7:00 am
Location: Warren County

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.
User avatar
OFCC Coordinator
OFCC Coordinator
Posts: 5415
Joined: Tue Feb 16, 2010 12:59 pm
Location: Central Ohio

Return to Ohio Concealed Carry Discussion

Who is online

Users browsing this forum: Google [Bot] and 3 guests