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Felon with a Firearm.

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MandM

Junior Member
What is the name of your state? Ohio.

In January of 1999 I committed a felony, to be exact 5 felony 5's. I pleaded guilty to 3, 2 were dismissed.
I spent 6 months in CCC (Community Control Center, a minimum security rehabilitation center) and graduated with no troubles.
I have never had an alcohol or drug problem and my crime did not involve violence, children, guns, drugs or alcohol.
I spent 3 years on intense reporting probation during which time I paid restitution in full and had no trouble.

Since this time I have had no other problems and I a free and clear of the law.

This afternoon my wife got a message from her Mother that she had gotten our four year old Son a 22 rifle. When my wife stated that I would prefer to teach my Son how to shoot (Ex Marine), her Mother stated "well since he cant even be in the same house with a gun...".
This got me to thinking, what exactly are the laws.

According to the Ohio laws I have read, as my crime was not of a violent nature I am legal to own any firearm I would like as long as it is legal in the state of Ohio.

http://www.nraila.org/statelawpdfs/OHSL.pdf
Relevant information.
It is unlawful for the following persons to knowingly
acquire, have, carry, or use any firearm:
• Fugitives;
• Persons indicted for or convicted of a violent felony

Page 1 Heading 'Possession'.

According to the Federal law on felons in possession of a handgun, since my crime carried a maximum sentence of 365 days and no more, I am legal to own any firearm not on the exempt list.

http://www.nraila.org/GunLaws/Federal/Read.aspx?id=60
Relevant information.
Ineligible Persons

The following classes of people are ineligible to possess, receive, ship, or transport firearms or ammunition:

* Those convicted of crimes punishable by imprisonment for over one year, except state misdemeanors punishable by two years or less.


My crime was a total of 3 felony 5's, maximum term for a felony 5 is 365 days. No more.

With this in mind if I were to purchase a firearm for personal protection or hunting purposes and was to be pulled over in the state of Ohio, would I be arrested as a felon with a firearm, or would there be some proof I could show that would state I was in fact legal to own and possess (but not conceal) a firearm. I am aware that under Ohio and Federal law no provision is made for the type of felony when it comes to Concealed Carry. I am also not interested in concealed carry.

In fact up until this point I was not interested in owning a weapon at all.
However my Son has shown considerable marksmanship with his pellet gun and when he does get older I would like to be able to tech him proper procedures and handling without fear of legal retribution.

Thank you for your time.What is the name of your state?
 


msiron

Member
The questions I ask, is Ohio 'shall issue' state, or 'may issue' by counties or towns/cities? Who is the licensing authority in Ohio? And what exactly were your felony convictions for? That will help weed out some info.
 

msiron

Member
see what applies to you below (Ohio), also you may not pass a federal?

(d) The applicant is not under indictment for or otherwise charged with a felony; an offense under Chapter 2925., 3719., or 4729. of the Revised Code that involves the illegal possession, use, sale, administration, or distribution of or trafficking in a drug of abuse; a misdemeanor offense of violence; or a violation of section 2903.14 or 2923.1211 of the Revised Code.

(e) The applicant has not been convicted of or pleaded guilty to a felony or an offense under Chapter 2925., 3719., or 4729. of the Revised Code that involves the illegal possession, use, sale, administration, or distribution of or trafficking in a drug of abuse; has not been adjudicated a delinquent child for committing an act that if committed by an adult would be a felony or would be an offense under Chapter 2925., 3719., or 4729. of the Revised Code that involves the illegal possession, use, sale, administration, or distribution of or trafficking in a drug of abuse; and has not been convicted of, pleaded guilty to, or adjudicated a delinquent child for committing a violation of section 2903.13 of the Revised Code when the victim of the violation is a peace officer, regardless of whether the applicant was sentenced under division (C)(3) of that section.

(f) The applicant, within three years of the date of the application, has not been convicted of or pleaded guilty to a misdemeanor offense of violence other than a misdemeanor violation of section 2921.33 of the Revised Code or a violation of section 2903.13 of the Revised Code when the victim of the violation is a peace officer, or a misdemeanor violation of section 2923.1211 of the Revised Code; and has not been adjudicated a delinquent child for committing an act that if committed by an adult would be a misdemeanor offense of violence other than a misdemeanor violation of section 2921.33 of the Revised Code or a violation of section 2903.13 of the Revised Code when the victim of the violation is a peace officer or for committing an act that if committed by an adult would be a misdemeanor violation of section 2923.1211 of the Revised Code.

(g) Except as otherwise provided in division (D)(1)(e) of this section, the applicant, within five years of the date of the application, has not been convicted of, pleaded guilty to, or adjudicated a delinquent child for committing two or more violations of section 2903.13 or 2903.14 of the Revised Code.

(h) The applicant, within ten years of the date of the application, has not been convicted of, pleaded guilty to, or adjudicated a delinquent child for committing a violation of section 2921.33 of the Revised Code.
 

MandM

Junior Member
I am not sure on the Shall issue, may issue question, I will have to look that one up.
The licensing authority is the local Sheriff department.

The charges were, Theft over 500 less than 5000. And two counts of Forgery.

The sections quoted, D E F G H, are not applicable to me.
Federal only states that a felon cannot own a firearm if their charge carried a term of OVER one year. Since mine carried a maximum term of 12 months, but no more, then its a very fine line.

Any extra info would be helpful.
 

xylene

Senior Member
Just a note, your about as far off base as you could get, in fact if anything it was a cavalier attitude towards expanding my education which allowed me to commit my felony, you see, I was able to electronically remove funds from a bank without raising my voice or making a single threat, in fact I never even talked to the bank in question, it was all electronic.

And yes I admit it was a stupid thing to do, it was simply a matter of "can it be done, well lets find out". Guess what it can be done, and the security hole is still there to this day.
4 minutes of database use and good knowledge of keywords turns up the exact answer to your query in terms of state and federal law.

an extra 35 seconds to get the expungement info...
 
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