5th Degree felon

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kcwildguy
Posts: 2
Joined: Mon Nov 14, 2011 7:06 pm
Location: Independence, MO

5th Degree felon

Post by kcwildguy »

I have read just about every single post on these forums, and I thank you all for the wonderful insight you have given me!

I have one question I have not been able to find a definitive answer to yet. Does an Ohio 5th degree (non-violent, non-drug, non-firearm) felony disqualify me from owning a firearm or not? I have a single conviction for failure to pay child support back in 99. Everything is done and cleared. Am I under disability or not on the federal level? I know the US Code specifies a crime of which the punishment is a term exceeding one year, and in ohio a 5F is up to one year.

I currently live in Missouri and would love to get my CCW, I don't want to perjure myself on the application, but the law states (in line with Federal):
(2) Has not pled guilty to or entered a plea of nolo contendere or been convicted of a crime punishable by imprisonment for a term exceeding one year under the laws of any state or of the United States other than a crime classified as a misdemeanor under the laws of any state and punishable by a term of imprisonment of one year or less that does not involve an explosive weapon, firearm, firearm silencer or gas gun;
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farblue
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Location: Columbiana County, Oh

Re: 5th Degree felon

Post by farblue »

I'll give you the obvious IANAL...

But from ORC 2929.13 (Sanction imposed by degree of felony):
(B)(1) (a) Except as provided in division (B)(1)(b) of this section, if an offender is convicted of or pleads guilty to a felony of the fourth or fifth degree that is not an offense of violence, the court shall sentence the offender to a community control sanction of at least one year’s duration if all of the following apply:

(i) The offender previously has not been convicted of or pleaded guilty to a felony offense or to an offense of violence that is a misdemeanor and that the offender committed within two years prior to the offense for which sentence is being imposed.

(ii) The most serious charge against the offender at the time of sentencing is a felony of the fourth or fifth degree.

(iii) If the court made a request of the department of rehabilitation and correction pursuant to division (B)(1)(c) of this section, the department, within the forty-five-day period specified in that division, provided the court with the names of, contact information for, and program details of one or more community control sanctions of at least one year’s duration that are available for persons sentenced by the court.
...so to me it seems that a one year "community control sanction" is the worst that can be done in this case, thereby you're not under firearms disability...
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BobK
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Re: 5th Degree felon

Post by BobK »

This has been discussed here before, and I will confirm that an Ohio F5 is not a federal firearms disability (domestic violence-related crimes aside).
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kcwildguy
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Joined: Mon Nov 14, 2011 7:06 pm
Location: Independence, MO

Re: 5th Degree felon

Post by kcwildguy »

BobK wrote:This has been discussed here before, and I will confirm that an Ohio F5 is not a federal firearms disability (domestic violence-related crimes aside).
Thank you BobK. I did multiple searches and just did not find anything definitive. Here in Missouri it is $100 to apply, and I did not want to waste my money (or commit perjury!). I never gave it a thought until I read that horrible New York Times article and started thinking about my F5 and the law. It makes me feel a lot better that my stupid mistake did not permantly bar me from my CCW! Thanks again!
Marco greedo 12
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Joined: Sun Feb 02, 2025 7:18 am

Re: 5th Degree felon

Post by Marco greedo 12 »

I was also wondering if a nonviolent theft strips my rights as well and I've never been charged with dv
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