With sealing restore my rights to own

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: Chuck, Mustang380gal, Coordinators, Moderators

Chevyboi8470
Posts: 2
Joined: Sat Feb 02, 2019 7:57 pm

With sealing restore my rights to own

Post by Chevyboi8470 »

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. 
User avatar
pkd
Posts: 5
Joined: Sun Sep 30, 2018 6:07 am
Location: SE Ohio

Re: With sealing restore my rights to own

Post by pkd »

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?
User avatar
DontTreadOnMe
OFCC Patron Member
OFCC Patron Member
Posts: 1750
Joined: Wed May 02, 2012 11:11 am
Location: SW Ohio

Re: With sealing restore my rights to own

Post by DontTreadOnMe »

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.
MacDonald
Posts: 237
Joined: Sun Mar 30, 2014 7:00 am
Location: Warren County

Re: With sealing restore my rights to own

Post by MacDonald »

No it will not. The conviction must be set aside/expunged
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
willbird
OFCC Member
OFCC Member
Posts: 11446
Joined: Tue Nov 08, 2005 9:19 am
Location: Exit 13 on the ohio Turnpike :-)

Re: With sealing restore my rights to own

Post by willbird »

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.
Have a great day today unless you have made other plans :-).
ohiodff
Posts: 31
Joined: Thu Dec 06, 2018 12:13 pm

Re: With sealing restore my rights to own

Post by ohiodff »

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?
User avatar
JustaShooter
OFCC Coordinator
OFCC Coordinator
Posts: 5800
Joined: Thu Feb 07, 2013 3:08 pm
Location: Akron/Canton Area

Re: With sealing restore my rights to own

Post by JustaShooter »

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" onclick="window.open(this.href);return false;
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!
willbird
OFCC Member
OFCC Member
Posts: 11446
Joined: Tue Nov 08, 2005 9:19 am
Location: Exit 13 on the ohio Turnpike :-)

Re: With sealing restore my rights to own

Post by willbird »

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

Bill
Have a great day today unless you have made other plans :-).
User avatar
JustaShooter
OFCC Coordinator
OFCC Coordinator
Posts: 5800
Joined: Thu Feb 07, 2013 3:08 pm
Location: Akron/Canton Area

Re: With sealing restore my rights to own

Post by JustaShooter »

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.
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!
ohiodff
Posts: 31
Joined: Thu Dec 06, 2018 12:13 pm

Re: With sealing restore my rights to own

Post by ohiodff »

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" onclick="window.open(this.href);return false;
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?
User avatar
JustaShooter
OFCC Coordinator
OFCC Coordinator
Posts: 5800
Joined: Thu Feb 07, 2013 3:08 pm
Location: Akron/Canton Area

Re: With sealing restore my rights to own

Post by JustaShooter »

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" onclick="window.open(this.href);return false;
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.
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!
Chevyboi8470
Posts: 2
Joined: Sat Feb 02, 2019 7:57 pm

Re: With sealing restore my rights to own

Post by Chevyboi8470 »

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
willbird
OFCC Member
OFCC Member
Posts: 11446
Joined: Tue Nov 08, 2005 9:19 am
Location: Exit 13 on the ohio Turnpike :-)

Re: With sealing restore my rights to own

Post by willbird »

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.

Bill
Have a great day today unless you have made other plans :-).
bkline2467
Posts: 1
Joined: Sat May 20, 2017 1:07 pm

Re: With sealing restore my rights to own

Post by bkline2467 »

"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.
willbird
OFCC Member
OFCC Member
Posts: 11446
Joined: Tue Nov 08, 2005 9:19 am
Location: Exit 13 on the ohio Turnpike :-)

Re: With sealing restore my rights to own

Post by willbird »

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

With a valid Ohio CHL you can bypass NICS however.


Bill
Have a great day today unless you have made other plans :-).
Post Reply