Summit County relief from disability

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Summit County relief from disability

Postby Heyitsdan03 » Sun Dec 28, 2014 4:59 pm

Here's my scenario. I have two felony cases, both for theft. One was in stark County in 2007 (f5 theft) and the other was in Portage County in 2009 (f3 theft) . I received consecutive sentences for these crimes and served my full 3 years for them. I have been released and have had a job, my own residence, and haven't been in any trouble since. I am wanting to try and get my carry rights reinstated and have read the orc pertaining to this but am hoping for a little guidance in the matter. Any advice would be helpful.

Looking at the law it doesn't look like it even specifies felonies in general. So I'm a little confused.
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Re: Summit County relief from disability

Postby Cosmos » Sun Dec 28, 2014 7:17 pm

Outside of getting an unconditional pardon, I believe since 1968 you fall under the Federal Weapons Disabilities. It is my understanding you legally cannot even possess a firearm, let alone qualify for a CHL.
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Re: Summit County relief from disability

Postby BobK » Sun Dec 28, 2014 7:38 pm

Cosmos wrote:Outside of getting an unconditional pardon, I believe since 1968 you fall under the Federal Weapons Disabilities. It is my understanding you legally cannot even possess a firearm, let alone qualify for a CHL.

You are missing half the info.

Yes, there are federal disabilities. But also "yes", there is a prescribed process for relief from disability under Ohio law. If Ohio no longer considers his Ohio crimes as disabling, then the Feds will follow.
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Re: Summit County relief from disability

Postby Heyitsdan03 » Sun Dec 28, 2014 7:58 pm

So how do I go about trying here in Ohio? And we're my crimes even disabling? Like I mentioned I saw nothing in the orc that it looks like I even fall under.
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Re: Summit County relief from disability

Postby mreising » Sun Dec 28, 2014 8:24 pm

Heyitsdan03 wrote:So how do I go about trying here in Ohio? And we're my crimes even disabling? Like I mentioned I saw nothing in the orc that it looks like I even fall under.

Federal disability arises from being convicted of a felony that has a potential sentence of more than 1 year (Ohio F4 and higher, such as your F3). Note that it is not dependent upon what sentence you received, but rather what the potential penalty is. Your F5 is probably not disabling under Federal law because F5s only carry a sentence of up to one year. You will have to wait for others more knowledgeable to explain options for removing the disability. Note that if you are under Federal disability you are committing a felony by possessing a firearm.
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Re: Summit County relief from disability

Postby lrp3rd » Sun Dec 28, 2014 9:26 pm

Read the ORC carefully and you will find that anybody can petition the court to have their disability to own firearms lifted.
It is only called a disability but means your right to own and carry arms. You write your petition to the county prosecutor and submit it at the courthouse where your records are kept. You must have fulfilled all your obligations as far as the punishment for your problems and have led a squeaky clean life since the infraction. You will have to go to court and may have to get a lawyer to help you. The cost may be prohibitive cuz it costs $275 to just appeal to the court. Also, this is no guarantee you will get your rights returned but the people at the prosecutors office are very willing to guide you. It takes upwards to six months but is doable though there are a lot of naysayers out there.
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Re: Summit County relief from disability

Postby MyWifeSaidYes » Sun Dec 28, 2014 9:43 pm

Heyitsdan03,

First, welcome to the forum.

Second, you are not under a disability under ORC (2923.13), you are under a federal disability as explained by mreising.

Third, you CAN apply for a relief from disability in the county in which you were convicted (2923.14). IF granted, that would fix your federal disability as BobK mentioned.

THEREIN LIES THE PROBLEM.

It's completely up to the judge to decide. Got an anti-gun judge? Ain't gettin' relief.

Best you can do is get a GOOD lawyer (preferably a GREAT lawyer) to write up and file your application.
(insert shameless plug for Derek DeBrosse at http://www.ohiogunlawyer.com)

As lrp3rd said, it's probably $200 or more just to file the application (no official 'application' form. It's filed like any other lawsuit.) A lawyer will add an extra '0' to the end of that price.

What's the difference between a GOOD lawyer and a GREAT lawyer?

A GOOD lawyer knows the law.

A GREAT lawyer knows the judge.

If you haven't done any volunteer work in the community in which you are seeking relief, it's not too late to start. Might want to join a church, synagogue, mosque, etc.


In which county were you convicted? You made it seem like you were charged with both crimes at the same time. You said you served your full 3 years. Was that all prison time or was there some parole/probation time?

How old are you? Do you have a juvenile record that has NOT been expunged?

Rather than answering all these questions, do you know the case numbers from your charges?
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Re: Summit County relief from disability

Postby Heyitsdan03 » Mon Dec 29, 2014 12:07 am

My two cases were the following:

Stark County - 2007cr1977
Portage County - 2009cr00099

I currently live in Summit County and heard you have to petition the court in the county you reside.

The served 11 months for my stark County case, and 2 years on the Portage County case, they were served consecutive to each other and it was all prison time and I was released free and clear with no parole or post release control.

I am 26 years old and have no juvenile record or any other charges than these two charges.
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Re: Summit County relief from disability

Postby Johnny Law » Mon Dec 29, 2014 6:36 pm

Paying in full any money owed to the victim, court, probation department etc. would probably be a good idea, if you have not already done so.
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Re: Summit County relief from disability

Postby MyWifeSaidYes » Tue Dec 30, 2014 12:54 am

Heyitsdan03 wrote:...I currently live in Summit County....


Any plans to move OUT of northeastern Ohio? :wink:

Do you have any outstanding fines, fees or restitution to pay? Get that cleaned up first before even THINKING about filing for relief.

Any supporting evidence that you are reformed? Two felonies is one thing, but doing the second felony while on probation for the first? :oops:

Also, there hasn't been much time elapsed since these cases closed. I'd think that's a major point to consider.

Doing any volunteer work for the churches in your area?
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Re: Summit County relief from disability

Postby Heyitsdan03 » Tue Dec 30, 2014 10:15 pm

Yeah I know there is a lot working against me but I still want to try. Restitution isn't an issue on either, and I have done some volunteer work. It's been 5 years since they've been closed so I'm hoping for the best but I need to know how to actually file.
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Re: Summit County relief from disability

Postby Liberty » Tue Mar 03, 2015 11:13 pm

Under Ohio law, only those convicted of violent or drug felonies are prohibited from possessing firearms. All other felony convictions have automatic restoration of firearms rights via R.C. § 2961.01(A)(2) and R.C. § 2967.16(C)(1), which invokes the federal exception contained within 18 U.S.C. § 921(A)(20) to the federal firearms prohibitions contained within 18 U.S.C. 922(g)(1).

You should consult with an attorney to determine if you are in fact prohibited from possessing firearms.
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Re: Summit County relief from disability

Postby djurz33 » Tue Sep 22, 2015 12:02 pm

I know this is old but a buddy just went through this on a f3 theft. I hooked him up with atty. buddy of mine tried sealing the record and he said no go because of one to many misdemeanors. So I talk to atty. about restoration which he never even heard of. Now mind you I wouldn't step foot in a court room around here without this guy he makes things happen. So he files restoration in cuyahoga judge continues case she says shes never done one. Judge comes back and says she wants some reasoning how he turned his life around. A couple weeks later I am on the courts website says prosecutor filed motion to dismiss case - granted. So I call the atty throwing a fit why didnt he even get in front of the judge? He told me to oppen the attachment next to it. Says something to the effect of plaintiffs crime was not one of drugs or violence so he was never disabled from owning or carrying. As soon as he finished probation he was legal again. This guy went 15yrs thinking he wasnt allowed to own or hunt with a firearm. So now money is tight for him, and we both are dying to see if he will pass a background check due to the feds 1 yr sentence deal. So we go to lgs one day, and I hand him 400.00 and tell him maybe he can find a 22 or something. He picked one out and was shaking like a leaf for the longest 10 min of his life he said. Guy came back and shook his hand and walked us up to the counter. We got out of the store in tears he handed me the 150.00 that be didn't spend saying I will pay you back ASAP. I told him to keep it best 250 I ever spent. So there is hope for some of you guys just don't take my word for it do your homework and make sure your legit!
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