With sealing restore my rights to own

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With sealing restore my rights to own

Postby Chevyboi8470 » Mon Feb 04, 2019 8:59 pm

I was charged with an f4 (state not federal) improper transportation of a firearm in a motor vehicle in 2012 for simply having my legal firearm in the wrong compartment of my car after a range visit. i have a court date feb 5th 2019 to have my record sealed. my question is,will my rights to own a firearm be restored or do i have to file a relief of disability or restoration of rights application ? can you give me as much details as possible about this in ohio. i dont have any other charges restricting me from owning a firearm. i hope to get my ccw if i can. i just dont want to go through more loops than i need to. please help. 
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Re: With sealing restore my rights to own

Postby pkd » Fri Feb 08, 2019 3:31 pm

Chevyboi8470 wrote:I was charged with an f4 (state not federal) improper transportation of a firearm in a motor vehicle


Were you simply charged, or charged and convicted?
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Re: With sealing restore my rights to own

Postby DontTreadOnMe » Fri Feb 08, 2019 4:54 pm

Chevyboi8470 - Best answer: Talk to a lawyer. One you're paying for the legal advice.

Don't want to spend the money? Here's a free take: You already understand that your felony conviction means you can't own guns. That's because federal law (specifically 18 USC 922(g)(1)) makes it illegal for anyone who has been convicted of a crime punishable by imprisonment for a term exceeding one year to possess firearms. Another federal law (18 U.S.C. § 921(a)(20)) talks about exceptions to the term "crime punishable by imprisonment for a term exceeding one year" and goes on to clarify:
Any conviction which has been expunged, or set aside or for which a person has been pardoned or has had civil rights restored shall not be considered a conviction for purposes of this chapter

Notice the conviction being 'sealed' is not included in that list.
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Re: With sealing restore my rights to own

Postby MacDonald » Fri Feb 15, 2019 2:00 am

No it will not. The conviction must be set aside/expunged
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Re: With sealing restore my rights to own

Postby willbird » Sat Feb 16, 2019 9:39 am

Seems pretty clear cut, F4 can he 6-18 months prison.

This is a good example of why I encourage all gun owners and spouses to get an Ohio CHL even if they never carry....or even one from a state which has reciprocity with ohio.



(1) If, at the time of the transportation or possession in violation of division (B) of this section, the offender was carrying a valid license or temporary emergency license to carry a concealed handgun issued to the offender under section 2923.125 [2923.12.5] or 2923.1213 [2923.12.13] of the Revised Code or a license to carry a concealed handgun that was issued by another state with which the attorney general has entered into a reciprocity agreement under section 109.69 of the Revised Code and the offender was not knowingly in a place described in division (B) of section 2923.126 [2923.12.6] of the Revised Code, the violation is a misdemeanor of the first degree or, if the offender previously has been convicted of or pleaded guilty to a violation of division (B) of this section, a felony of the fourth degree.


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Anyone found guilty of a first degree misdemeanor in Ohio can be sentenced to up to six months in jail.

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Re: With sealing restore my rights to own

Postby ohiodff » Sat Feb 16, 2019 11:23 pm

willbird wrote:Seems pretty clear cut, F4 can he 6-18 months prison.

This is a good example of why I encourage all gun owners and spouses to get an Ohio CHL even if they never carry....or even one from a state which has reciprocity with ohio.



(1) If, at the time of the transportation or possession in violation of division (B) of this section, the offender was carrying a valid license or temporary emergency license to carry a concealed handgun issued to the offender under section 2923.125 [2923.12.5] or 2923.1213 [2923.12.13] of the Revised Code or a license to carry a concealed handgun that was issued by another state with which the attorney general has entered into a reciprocity agreement under section 109.69 of the Revised Code and the offender was not knowingly in a place described in division (B) of section 2923.126 [2923.12.6] of the Revised Code, the violation is a misdemeanor of the first degree or, if the offender previously has been convicted of or pleaded guilty to a violation of division (B) of this section, a felony of the fourth degree.


Jail
Anyone found guilty of a first degree misdemeanor in Ohio can be sentenced to up to six months in jail.



What is the source of this citation?
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Re: With sealing restore my rights to own

Postby JustaShooter » Sun Feb 17, 2019 7:29 am

ohiodff wrote:
willbird wrote:Seems pretty clear cut, F4 can he 6-18 months prison.

This is a good example of why I encourage all gun owners and spouses to get an Ohio CHL even if they never carry....or even one from a state which has reciprocity with ohio.



(1) If, at the time of the transportation or possession in violation of division (B) of this section, the offender was carrying a valid license or temporary emergency license to carry a concealed handgun issued to the offender under section 2923.125 [2923.12.5] or 2923.1213 [2923.12.13] of the Revised Code or a license to carry a concealed handgun that was issued by another state with which the attorney general has entered into a reciprocity agreement under section 109.69 of the Revised Code and the offender was not knowingly in a place described in division (B) of section 2923.126 [2923.12.6] of the Revised Code, the violation is a misdemeanor of the first degree or, if the offender previously has been convicted of or pleaded guilty to a violation of division (B) of this section, a felony of the fourth degree.


Jail
Anyone found guilty of a first degree misdemeanor in Ohio can be sentenced to up to six months in jail.



What is the source of this citation?

That appears to be a reference to an outdated version of ORC 2923.16 (I)(1). That section has since been changed considerably, as you can see in the current version at http://codes.ohio.gov/orc/2923.16
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Re: With sealing restore my rights to own

Postby willbird » Sun Feb 17, 2019 6:01 pm

My bad there. But reading through the "new" stuff I do not see a change for the non CCW holder ??

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Re: With sealing restore my rights to own

Postby JustaShooter » Sun Feb 17, 2019 9:04 pm

willbird wrote:My bad there. But reading through the "new" stuff I do not see a change for the non CCW holder ??

Bill

Correct, a violation of division (B) of 2923.16 is still a felony of the fourth degree.
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Re: With sealing restore my rights to own

Postby ohiodff » Mon Feb 18, 2019 5:06 pm

JustaShooter wrote:That appears to be a reference to an outdated version of ORC 2923.16 (I)(1). That section has since been changed considerably, as you can see in the current version at http://codes.ohio.gov/orc/2923.16


Sounds like it's a big change for us. So it used to be a violation to transport loaded weapons even if the person had a CHL?
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Re: With sealing restore my rights to own

Postby JustaShooter » Mon Feb 18, 2019 7:25 pm

ohiodff wrote:
JustaShooter wrote:That appears to be a reference to an outdated version of ORC 2923.16 (I)(1). That section has since been changed considerably, as you can see in the current version at http://codes.ohio.gov/orc/2923.16


Sounds like it's a big change for us. So it used to be a violation to transport loaded weapons even if the person had a CHL?

I believe it was a violation to touch / handle them while in a motor vehicle - yes, even with a CHL - or transport them loaded if they were not holstered on your person in plain view. That little piece of sunshine was finally removed something like 6+ years ago.
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Re: With sealing restore my rights to own

Postby Chevyboi8470 » Mon Feb 18, 2019 10:28 pm

Thanks for all the answers . I have my lawyer getting my relief from firearms disability/ restoration of rights application together as we speak. I just wanted to hear people opinion since the internet is filled with just that.. opinions. I would never do anything without consulting a lawyer first.. wish me luck
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Re: With sealing restore my rights to own

Postby willbird » Tue Feb 19, 2019 11:32 am

Also being able to go BACK and ask for an expungement of past convictions of CHL holders at the time is HUGE IMHO in a good way.

People would often ask why I encouraged both spouses to get CHL not just one, this stuff here is EXACTLY why. We had a guy show up at work in the state of IN who discovered when he got to work that the car he had borrowed from his dad had a loaded gun under the seat. His dad has an IN CCW, the guy was a prohibited person. They had to call his dad to come and get the gun.

The same could happen with cars that either spouse drive, if both have CCW it will work out far better for them legally if they are stopped and a gun is found in the car. I guess the right answer when stopped would be "I have an Ohio CCW and there could be guns in the car, I am not sure" :-). Notification covers the driver probably ?? Let the cops find them if they think they need to.

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Re: With sealing restore my rights to own

Postby bkline2467 » Thu Sep 24, 2020 11:23 am

"The sheriff shall not consider the conviction, guilty plea, or
adjudication of an applicant’s sealed records even if those sealed
offenses would otherwise disqualify an applicant. If you have
questions about sealed criminal records, consult an attorney."
(From Attorney General's Conceled Carry Handbook)

"(9) Are you under indictment for, or otherwise charged with, or, except for a conviction or guilty plea the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to ORC 2923.14, have you been convicted of or pleaded guilty to, within three years of the date of this application, except for a conviction or guilty plea the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to ORC 2923.14, a misdemeanor that is an offense of violence or the offense of possessing a revoked or suspended concealed handgun license, or, except for a conviction or guilty plea the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to ORC 2923.14"

"(10) Are you under indictment for or otherwise charged with, or, except for a conviction or guilty plea the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to ORC 2923.14, or have you been convicted of or pleaded guilty to, within 10 years of the date of this application, resisting arrest, or, except for a conviction or guilty plea the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to ORC 2923.14"
(From Ohio Conceled Carry Application)

Ohio uses the terms expunged and sealed for the same purposes, when you filed the motion it is called a motion to expunge a criminal conviction, everything in your paper work will say expungement from the motion, to the acceptance, even what they mail out to all of the bureaus but it is considered sealed because they take it and seal it and put it in a separate place instead of destroying it. Yes it does give you your right back and cant ne used against you for a CHL.
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Re: With sealing restore my rights to own

Postby willbird » Wed Jan 06, 2021 1:15 pm

BUT does it still get used against you for a NICS check ??

With a valid Ohio CHL you can bypass NICS however.


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