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Ohio gun restrictions on those convicted of domestic violence

On Behalf of | Dec 12, 2016 | Criminal Defense

Federal law prohibits anyone who is convicted of a domestic violence misdemeanor from possessing or purchasing a firearm or ammunition. However, state laws vary on the matter. Here in Ohio, state law has no such prohibition.

However, it’s important to know that those accused or convicted of domestic violence may still be prohibited from having guns and ammunition. For example:

— If a protection order has been issued against someone as the result of alleged domestic violence, that person may be prohibited from buying or possessing a weapon, depending on what the order stipulates.

— When a law enforcement officer responds to a reported domestic violence incident or protection order violation, that officer is required by law to seize any weapon that was allegedly used to threaten or harm someone. Any weapon seized in such an incident cannot be returned to the person from whom it was taken.

— If a domestic violence-related conviction is for a felony charge, the person may lose the right to purchase or own a gun. Under Ohio law, people convicted of certain types of felonies (including those that involve violence or drugs) aren’t allowed to have a firearm. There are three levels of domestic-violence-related misdemeanor charges and three levels of felony charges.

If you are facing domestic violence or other felony charges and/or if an order of protection has been issued against you, it’s essential to know if there are restrictions on your ability to purchase or possess any type of firearm or ammunition under both state and federal law. Running afoul of such restrictions can land you in even more serious legal jeopardy.

Source: Law Center to Prevent Gun Violence, “Domestic Violence & Firearms in Ohio,” accessed Dec. 12, 2016

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