Werz wrote:I was afraid you would say that. Personally, I think you should seek relief from disability, and I have recommended that - in addition to expungement - for people who want foolproof restoration of gun rights.
A certificate of final release is good enough for the "civil rights restored" provision of 18 USC §921(a)(20)(B) for the purpose of firearm disability under federal law. Expungement is good enough for the "sealing or expungement" exception of R.C. 2923.125(D)(5) for the purpose of concealed handgun licensing. However, the procedure described under R.C. 2923.14 is the sole remedy for disability under R.C. 2923.13(A)(2).
OK, I understand the whole "belt & suspenders" approach to being super-duper careful, and do not disagree that foolproof is better than "good enough". However, I'd still like to discuss the point you make about R.C. 2923.13(A)(2) and "sole remedy".
First, here is the statute you reference:
RC 2923.13 (A) Unless relieved from disability as provided in section 2923.14 of the Revised Code, no person shall knowingly acquire, have, carry, or use any firearm or dangerous ordnance, if any of the following apply:
(2) The person is under indictment for or has been convicted of any felony offense of violence or has been adjudicated a delinquent child for the commission of an offense that, if committed by an adult, would have been a felony offense of violence.
I assume you are referring to "Unless relieved from disability as provided in section 2923.14 of the Revised Code"
However, how does that square with this:
R.C. 2953.33 Restoration of rights and privileges.
(A) An order issued under section 2953.37 of the Revised Code to expunge the record of a person's conviction or, except as provided in division (G) of section 2953.32 of the Revised Code, an order issued under that section to seal the record of a person's conviction restores the person who is the subject of the order to all rights and privileges not otherwise restored by termination of the sentence or community control sanction or by final release on parole or post-release control.
(1) In any application for employment, license, or other right or privilege, any appearance as a witness, or any other inquiry, except as provided in division (E) of section 2953.32 and in section 3319.292 of the Revised Code and subject to division (B)(2) of this section, a person may be questioned only with respect to convictions not sealed, bail forfeitures not expunged under section 2953.42 of the Revised Code as it existed prior to June 29, 1988, and bail forfeitures not sealed, unless the question bears a direct and substantial relationship to the position for which the person is being considered.
(2) A person may not be questioned in any application, appearance, or inquiry of a type described in division (B)(1) of this section with respect to any conviction expunged under section 2953.37 of the Revised Code.
The way I look at it, R.C. 2923.13(A)(2) does not apply because the person -- in accordance with R.C. 2953.32-.33 -- can never be questioned regarding the conviction "of any felony offense of violence or has been adjudicated a delinquent child for the commission of an offense that, if committed by an adult, would have been a felony offense of violence." Further, it explicitly states "all rights and privileges" are restored.
Not trying to be argumentative for the sake of being a jerk, I am sincerely trying to understand your position.