Can a felon own a handgun

Can a felon own a handgun

Posted in the Portsmouth Forum

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Since: Aug 10

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#1 Aug 30, 2010
i have a sister that got a felony fifteen years ago for shoplifting and it was for one year a non violent crime and didnt exceed the year federal law requires can she own a handgun in ohio.
nick

Marion, OH

#2 Aug 30, 2010
bigruss63 wrote:
i have a sister that got a felony fifteen years ago for shoplifting and it was for one year a non violent crime and didnt exceed the year federal law requires can she own a handgun in ohio.
Not positive but I don't think she can.
bodybuilder

Marion, OH

#3 Aug 30, 2010
As a gun owner myself I have always heard that anyone with a felony cannot own a gun period. But the best thing is to ask a lawyer what the laws are or talk to a gun dealer.
hey

Columbus, OH

#4 Aug 30, 2010
Of course she can! It just wouldn't be legal. ;)
mmmbop

Marion, OH

#5 Aug 30, 2010
nope, that is why they do background checks before they will sell you a handgun. no felonys or domestic violence charges.
Really

Marion, OH

#6 Aug 30, 2010
I found this in the Ohio Revised Code about application to buy a gun in Ohio.

(e) Except as otherwise provided in division (D)(5) of this section, 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.

It appears that unless the felony was drug related, committed by a delinquent child who would have been convicted of the same if they'd been an adult, or the felony was committed against a peace officer, you CAN apply to legally buy a gun.

Worth looking into anyway.
ohio

Van Wert, OH

#7 Aug 30, 2010
Is shop lifting a felony? I don't think so. just a misdemeanor.
Really

Marion, OH

#8 Aug 30, 2010
mmmbop wrote:
nope, that is why they do background checks before they will sell you a handgun. no felonys or domestic violence charges.
That's true when applying for a CCW (concealed carry) permit.
haha

Van Wert, OH

#9 Aug 30, 2010
It is referred to as being Brady disqualified. Felony convictions and some misdemeanor convictions disqualify an individual from obtaining a concealed to carry permit. Also, active protection orders (civil or criminal) disqualify the defendant/respondent from purchasing or maintaining a firearm.
what

Marion, OH

#10 Aug 30, 2010
dont felons already own handguns? dont need to be legal unless you plan on using it to defend your home. otherwise pop some caps in bitches asses ok?
Well

Marion, OH

#11 Aug 31, 2010
I applied for a restraining order against someone and when I marked everything I wanted to apply to him (not coming near my home, not contacting me, etc) I also marked that I request he not be allowed to own a gun... And when I talked to the judge he did not have that marked as if he granted it and I asked him why.. He said that a felon couldn't own a gun anyway so there was no need for him to require that.
tennesee

Marion, OH

#12 Aug 31, 2010
if it is $500 or more it is a felon*
ohio wrote:
Is shop lifting a felony? I don't think so. just a misdemeanor.
haha

Van Wert, OH

#13 Aug 31, 2010
Well wrote:
I applied for a restraining order against someone and when I marked everything I wanted to apply to him (not coming near my home, not contacting me, etc) I also marked that I request he not be allowed to own a gun... And when I talked to the judge he did not have that marked as if he granted it and I asked him why.. He said that a felon couldn't own a gun anyway so there was no need for him to require that.
A protection order and restraining order are totally two different things. From what you are saying, it appears you are talking about a protection order. On the new protection order forms, the judge cannot make that exception. Even if a judge has made the exception in the past he or she is violating federal law. This is sadly not uncommon. If you are contacted or threatened by this individual be certain to report it.

Since: May 10

Marion, OH

#14 Aug 31, 2010
Give everyone a gun and a eight ball of coke, then let natural selection thin out the heard.
frustated

Marion, OH

#15 Sep 1, 2010
nick wrote:
<quoted text>Not positive but I don't think she can.
ask the sheriff hes a convicted felon and he gets away with it
wtf

Severn, MD

#16 Sep 1, 2010
john smoot is a felon he was arrested for dating ugly women and he owns one
Bilko

Columbus, OH

#17 Sep 1, 2010
A felon can own anything he wants;its getting caught with it that will cause a problem.
you mean

Marion, OH

#18 Sep 1, 2010
Jonny Sarcasm wrote:
Give everyone a gun and a eight ball of coke, then let natural selection thin out the heard.
Herd... as in a herd of cattle
aaron

Bedford, OH

#19 Jul 25, 2011
There is a lot of misinformation regarding this question on the web. 18 USC 922(g) makes it illegal for anyone "convicted" of a crime punishable by more than one year in prison to own a gun. HOWEVER, 18 USC 921(a)(20) states that the term "convicted" does not include any crime which was expunged or for which your civil rights were restored, unless the restoration of rights does not include the right to own a gun. In Ohio, unless you were convicted of a drug related or violent crime, you get all your rights restored once you have completed probation by operation of law. This case contains a comprehensive discussion: http://openjurist.org/991/f2d/206/united-stat...
Guy with a

Cincinnati, OH

#20 Jul 25, 2011
Ok if she was convicted of any felony F4 the F1 no. Those also can't be sealed. There is no expungement in Ohio. If it was a F5 yes she can own one. She would be eligible for under federal law. Anything with a sentence over 1 year is a no go. An F5 is one year or less. CHL I don't think so. Any drug conviction that is a misdemeanor you could get it sealed if a one time or say even two times but very close together yes on the CHL permit. No sealing ever on domestic violence or some assaults. So no go on gun ownership with those and really if you beat someone do you deserve it anyway? Esp a woman or child. I don't think so.

Also the Gov just signed the new bill related to ccw which also has a restoration of rights to that puts Ohio in line with federal law. It becomes effective 9/30/11.

Hope this helps.

More questions on this go to ohioccw.org on the web for answers.

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