Lifetime prohibition?

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Lifetime prohibition?

Postby slidelock » Sun Jan 27, 2019 9:00 am

Does a felony and two DUIs equal lifetime prohibition, or can they be expunged? All happened rosa years ago.
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Re: Lifetime prohibition?

Postby slidelock » Sun Jan 27, 2019 9:01 am

40 years
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Re: Lifetime prohibition?

Postby djthomas » Sun Jan 27, 2019 12:50 pm

The DUIs are not disqualifiers in and of themselves. If one occurred last week and the other occurred last October then yeah a sheriff could make the argument that you are unlawfully addicted to alcohol and deny a CHL, though it's not a basis for an outright firearms disability in most states. But 40 years ago? Nah.

The felony on the other hand is a lifetime disqualifier on firearms possession unless and until you get it sealed, expunged, set aside or pardoned. Whether or not that is possible depends entirely on the jurisdiction where it occurred. I would think that in most places where your particular felony is eligible to be sealed a 40 year old conviction, particularly if non-violent would more or less be a matter of going through the motions. I would not, however, state that the reason for my application was to regain my firearms rights.
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Re: Lifetime prohibition?

Postby dday222 » Sun Jan 27, 2019 2:22 pm

Felony in Ohio does not automatically disable your weapons rights. It depends what the felony was for
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Re: Lifetime prohibition?

Postby DontTreadOnMe » Sun Jan 27, 2019 4:27 pm

Unless it was a fifth degree felony. Also, assuming we're talking about Ohio charges as other states will have different rules. What matters is whether the maximum possible jail time for the charge could have been > 1 year. If yes, lifetime prohibition unless rights are restored.
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Re: Lifetime prohibition?

Postby JustaShooter » Sun Jan 27, 2019 5:25 pm

dday222 wrote:Felony in Ohio does not automatically disable your weapons rights. It depends what the felony was for

True, but regardless of the type of crime if it carries a possible sentence of more than one year (in Ohio, an F4 or higher), it disables your firearm rights at the Federal level regardless of the actual sentence imposed.
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Re: Lifetime prohibition?

Postby dday222 » Sun Jan 27, 2019 6:46 pm

JustaShooter wrote:True, but regardless of the type of crime if it carries a possible sentence of more than one year (in Ohio, an F4 or higher), it disables your firearm rights at the Federal level regardless of the actual sentence imposed.


I disagree please read orc 2923.13 It says nothing about f4 or one year in jail. In ohio if you have been relieved under operation of the law the feds honor it. Read the fine print on question 11c of the 4473 form
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Re: Lifetime prohibition?

Postby DontTreadOnMe » Sun Jan 27, 2019 8:02 pm

Those are the Ohio disqualifiers. Federal qualifiers still apply. If someone has been found guilty of any crime for which the penalty could have been more than a year in prison (regardless of how much time, if any, they served), then they are prohibited from owning firearms for life unless they have their rights restored. 18 U.S.C. 922(g)(1) is the federal statute they can be charged under.
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Re: Lifetime prohibition?

Postby dday222 » Sun Jan 27, 2019 8:23 pm

DontTreadOnMe wrote:Those are the Ohio disqualifiers. Federal qualifiers still apply. If someone has been found guilty of any crime for which the penalty could have been more than a year in prison (regardless of how much time, if any, they served), then they are prohibited from owning firearms for life unless they have their rights restored. 18 U.S.C. 922(g)(1) is the federal statute they can be charged under.


Please read U.S.c 921(a)(20)
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Re: Lifetime prohibition?

Postby JustaShooter » Sun Jan 27, 2019 9:04 pm

dday222 wrote:
JustaShooter wrote:True, but regardless of the type of crime if it carries a possible sentence of more than one year (in Ohio, an F4 or higher), it disables your firearm rights at the Federal level regardless of the actual sentence imposed.


I disagree please read orc 2923.13 It says nothing about f4 or one year in jail. In ohio if you have been relieved under operation of the law the feds honor it. Read the fine print on question 11c of the 4473 form

I'm not talking about disqualifiers under Ohio law, but under Federal law. Any Ohio F4 or greater offense is a Federal disqualifier since it carries a penalty of more than one year, regardless of the type of crime (with the exception of a few very specific business practices which are unlikely to ever be an issue for our membership.)
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Re: Lifetime prohibition?

Postby JustaShooter » Sun Jan 27, 2019 9:10 pm

dday222 wrote:
DontTreadOnMe wrote:Those are the Ohio disqualifiers. Federal qualifiers still apply. If someone has been found guilty of any crime for which the penalty could have been more than a year in prison (regardless of how much time, if any, they served), then they are prohibited from owning firearms for life unless they have their rights restored. 18 U.S.C. 922(g)(1) is the federal statute they can be charged under.


Please read U.S.c 921(a)(20)

I have. I trust you are aware there are no misdemeanors punishable by jail terms over one year under Ohio law. I also trust you are aware that Ohio's anti-trust laws only codify one very specific circumstance where the Federal exception for antitrust and similar offenses would apply, and those offenses are vanishingly rare among our membership. In fact, I cannot recall a single instance of one of those ever being mentioned in our forums or Facebook page and group.
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Re: Lifetime prohibition?

Postby dday222 » Sun Jan 27, 2019 9:21 pm

JustaShooter wrote:
dday222 wrote:
JustaShooter wrote:True, but regardless of the type of crime if it carries a possible sentence of more than one year (in Ohio, an F4 or higher), it disables your firearm rights at the Federal level regardless of the actual sentence imposed.


I disagree please read orc 2923.13 It says nothing about f4 or one year in jail. In ohio if you have been relieved under operation of the law the feds honor it. Read the fine print on question 11c of the 4473 form

I'm not talking about disqualifiers under Ohio law, but under Federal law. Any Ohio F4 or greater offense is a Federal disqualifier since it carries a penalty of more than one year, regardless of the type of crime (with the exception of a few very specific business practices which are unlikely to ever be an issue for our membership.)


not unless youve had your rights sealed, expunged, or restored including restored by operation of law. Again please read U.S.C 921(g)(20)
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Re: Lifetime prohibition?

Postby JustaShooter » Sun Jan 27, 2019 9:25 pm

dday222 wrote:
JustaShooter wrote:
dday222 wrote:I disagree please read orc 2923.13 It says nothing about f4 or one year in jail. In ohio if you have been relieved under operation of the law the feds honor it. Read the fine print on question 11c of the 4473 form

I'm not talking about disqualifiers under Ohio law, but under Federal law. Any Ohio F4 or greater offense is a Federal disqualifier since it carries a penalty of more than one year, regardless of the type of crime (with the exception of a few very specific business practices which are unlikely to ever be an issue for our membership.)


not unless youve had your rights sealed, expunged, or restored including restored by operation of law. Again please read U.S.C 921(g)(20)

Again, I have. If you had read the entire thread, you would note that we already discussed that they are only disqualifiers if not set aside/expunged.
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Re: Lifetime prohibition?

Postby DontTreadOnMe » Mon Jan 28, 2019 12:03 am

dday222 wrote:not unless youve had your rights sealed, expunged, or restored including restored by operation of law. Again please read U.S.C 921(g)(20)

921(g)(20) only applies to a miniscule subset of felonies.
I already mentioned having your rights restored, but I'll admit you've brought up something new. What is having your rights "sealed" or "expunged" and how would either of those things possibly help?
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Re: Lifetime prohibition?

Postby dday222 » Mon Jan 28, 2019 12:59 pm

DontTreadOnMe wrote:
dday222 wrote:not unless youve had your rights sealed, expunged, or restored including restored by operation of law. Again please read U.S.C 921(g)(20)

921(g)(20) only applies to a miniscule subset of felonies.
I already mentioned having your rights restored, but I'll admit you've brought up something new. What is having your rights "sealed" or "expunged" and how would either of those things possibly help?


Sorry I meant U.S.C 921(a)(20) My whole point is just because you have a f4 in Ohio which could result in sentencing of greater than a year does not guarantee you are disabled on state or federal level. As far as the record sealing that would obviously be the best way to go if possible.
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