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Ohio Firearm ownership Disqualifier?

PostPosted: Sun May 23, 2021 3:56 pm
by Dr849310
Hi Everyone,

First of all, I publicly apologize if this is not the right location for this question, it is related to Firearms background checks in Ohio but not so much CCW in fact.

So, story time. I wondered into a gun shop in PA about 9 days ago while I was visiting some relatives there there and I saw a nice double barrel I couldn’t pass up. So i bought it, but alas, when I got around to the background check portion of the transaction the PICS system (PA’s background check, I know because I grew up there), put me into “research” mode and they now have 15 days to the minute to call me back and give me the nod or tell me to take a hike. I didn’t worry much as I assumed they were backed up and in a couple days I would get the nod and zip on over that next weekend to pick it up. So 5 days goes by and the gears in my head start turning. What’s the deal. Then it hit me.

A long time ago in my youth (I was 15....) i spent an overnight stay in a hospital voluntarily admitted for some mental reasons, I confirmed this fact some time ago by having the records pulled as the language is clear in PA about involuntary admissions disqualify you and i didn’t want to walk into a felony accidentally. So then I got to googling, the language here in ohio seems decidedly unclear. Have a made a grave error in checking no on that box in ohio? Does a voluntary admission disqualify me? Any input on this matter to put my mind at ease is greatly appreciated.

Again. Sorry if this is not the right location, but the internet and my googlings drug up nothing on this matter.

Re: Ohio Firearm ownership Disqualifier?

PostPosted: Sun May 23, 2021 7:33 pm
by JustaShooter
The section of Ohio law that restricts possession of firearms is ORC 2923.13, which prohibits certain persons with mental health issues in section (A)(5) as follows:

https://codes.ohio.gov/ohio-revised-cod ... on-2923.13
(5) The person is under adjudication of mental incompetence, has been adjudicated as a mental defective, has been committed to a mental institution, has been found by a court to be a mentally ill person subject to court order, or is an involuntary patient other than one who is a patient only for purposes of observation. As used in this division, "mentally ill person subject to court order" and "patient" have the same meanings as in section 5122.01 of the Revised Code.


The way I read that, your voluntary admission should not disqualify you under Ohio law.

In any case, the NICS check for firearms purchases wouldn't go by Ohio law, but by Federal law regarding those items submitted to NICS. Federal law is similar in that it does not disqualify someone based on a voluntary admission. And, the PA PICS system would similarly apply their standards, not Ohio's.

That said, I'm not sure what the reason for the delay would be unless the stay was sent to NICS and they are investigating the details. I'm guessing they may be backed up, but even at that, 9 days seems a long time.

Re: Ohio Firearm ownership Disqualifier?

PostPosted: Sun May 23, 2021 7:37 pm
by Dr849310
JustaShooter wrote:The section of Ohio law that restricts possession of firearms is ORC 2923.13, which prohibits certain persons with mental health issues in section (A)(5) as follows:

https://codes.ohio.gov/ohio-revised-cod ... on-2923.13
(5) The person is under adjudication of mental incompetence, has been adjudicated as a mental defective, has been committed to a mental institution, has been found by a court to be a mentally ill person subject to court order, or is an involuntary patient other than one who is a patient only for purposes of observation. As used in this division, "mentally ill person subject to court order" and "patient" have the same meanings as in section 5122.01 of the Revised Code.


The way I read that, your voluntary admission should not disqualify you under Ohio law.

In any case, the NICS check for firearms purchases wouldn't go by Ohio law, but by Federal law regarding those items submitted to NICS. Federal law is similar in that it does not disqualify someone based on a voluntary admission. And, the PA PICS system would similarly apply their standards, not Ohio's.

That said, I'm not sure what the reason for the delay would be unless the stay was sent to NICS and they are investigating the details. I'm guessing they may be backed up, but even at that, 9 days seems a long time.


I was able to find that section, but it is pretty vague to me when I read it. What exactly does “commitment” mean. have I committed myself, or have I admitted myself? PA law is crystal clear distinction between the two, naming each voluntary and involuntary explicitly. It almost seems like this is written so as to be construed in whatever way someone wants. I also found that to get a CCW your good to go if you don’t have an involuntary on your record, that language actually seemed more clear to me than 2923.13....

Re: Ohio Firearm ownership Disqualifier?

PostPosted: Sun May 23, 2021 10:14 pm
by Brian D.
Keep in mind there is no real penalty for those tasked with doing background checks or entering criminal/mental health data into the NICS system improperly or in an untimely fashion. We have county Clerks of Courts who are over a year behind reporting criminal convictions into the system.

Re: Ohio Firearm ownership Disqualifier?

PostPosted: Mon May 24, 2021 6:10 am
by JustaShooter
Dr849310 wrote:
JustaShooter wrote:The section of Ohio law that restricts possession of firearms is ORC 2923.13, which prohibits certain persons with mental health issues in section (A)(5) as follows:

https://codes.ohio.gov/ohio-revised-cod ... on-2923.13
(5) The person is under adjudication of mental incompetence, has been adjudicated as a mental defective, has been committed to a mental institution, has been found by a court to be a mentally ill person subject to court order, or is an involuntary patient other than one who is a patient only for purposes of observation. As used in this division, "mentally ill person subject to court order" and "patient" have the same meanings as in section 5122.01 of the Revised Code.


The way I read that, your voluntary admission should not disqualify you under Ohio law.


I was able to find that section, but it is pretty vague to me when I read it. What exactly does “commitment” mean. have I committed myself, or have I admitted myself? PA law is crystal clear distinction between the two, naming each voluntary and involuntary explicitly. It almost seems like this is written so as to be construed in whatever way someone wants. I also found that to get a CCW your good to go if you don’t have an involuntary on your record, that language actually seemed more clear to me than 2923.13....

I can certainly see what you are getting at - I have always taken it as an involuntary commitment, especially considering the following phrase "or is an involuntary patient" as well as the wording in 2923.125 regarding restrictions on issuing a CHL. Stands to reason if you wouldn't be denied a CHL, you don't fall under the prohibition in 2923.13. In any case, as I mentioned previously, neither NICS nor PICS will be looking to Ohio law