In Ohio, state law forbids felons from acquiring, having, carrying, or using firearms. According to § 2923.14 Relief from disability., having a gun when you have a felony record is called “having weapons while under disability.”
If you violate this rule, you can be charged with a third-degree felony. That means if you are found guilty, you could go to prison for up to 36 months (3 years). Courts in Ohio take this crime very seriously.
For example, in State v. Heffley, 2024-Ohio-2218 and State v. Robinson, 2015-Ohio-4649, courts upheld strong penalties when defendants were found to have guns while having a felony record.
Why does Ohio treat gun possession by a felon so harshly? One reason is public safety. The law aims to keep firearms out of the hands of people who, due to their criminal history, might pose a higher risk.
If a felon is caught with a gun, it tells the court that the person may not be respecting the rules set for them after their conviction. As a result, the penalties can be tough, including time behind bars, large fines, or extended probation.
Sometimes, the circumstances around how a felon is found with the gun can matter. If the felon was carrying it in public or used it during another crime, that can raise the seriousness of the offense.
If the person never touched the gun but it was found in their home or their car, the court might consider whether they had “constructive possession.” Constructive possession basically means you can’t pretend you didn’t know about a gun if you had easy control over it, such as if it was in your room or car trunk. If the evidence shows you knew and could access it, that is often enough for a charge.
What Is the Minimum Sentence for Felon in Possession of a Firearm?
While state law does not always require a rigid mandatory minimum sentence in every felon in possession of a firearm case, specific statutes can force judges to impose certain punishments. State v. Gilliam, 2024-Ohio-3264, and State v. Peters, 2023-Ohio-4362 suggest that a prison term can be required for crimes involving a firearm.
Under § 2929.13 Guidance by degree of felony; monitoring of sexually oriented offenders by global positioning device., if you commit a felony while armed, you often face extra time added to your sentence. This typically includes:
- A base prison term of two to three years for the felony itself, plus
- An extra one-year mandatory prison term for the gun specification if it was used or carried during the felony.
For example, if you are caught in the act of committing another felony (like a burglary) and you have a gun at that time, you might face the penalty for burglary plus a mandatory one-year add-on for the firearm.
Even if you’re only charged with “having weapons while under disability,” the courts can impose a prison sentence based on Ohio’s sentencing guidelines for third-degree felonies, which can be up to 36 months. The judge considers your prior record, the facts of the case, and any aggravating or mitigating factors.
In practice, the length of a prison term can vary. If you have multiple prior convictions or if you used the gun in a threatening way, that might push the sentence higher. On the other hand, if you had no new criminal behavior beyond simply possessing the gun, you might receive a slightly lighter sentence.
However, you cannot assume a slap on the wrist. The courts have shown in cases like State v. Gilliam, 2024-Ohio-3264, that a felony firearms offense usually leads to real prison time.
Can a Felon Be Around a Person With a Gun?
Ohio law does not specifically forbid a felon from being in the same room or house as someone who legally owns a firearm. However, the felon must avoid actually having control over that firearm.
This is known as avoiding “constructive possession.” If the gun is locked away and the felon has no key or access, that may be acceptable. But if the gun is left in plain sight where the felon can easily get it, law enforcement might argue that the felon was effectively in possession of the weapon.
In State v. Heffley, 2024-Ohio-2218, the court explained how constructive possession can put a felon at risk of new charges if it appears they had knowledge of the firearm’s location and the ability to control it. For instance, if the felon shares a residence with someone who lawfully owns guns, it is usually recommended to store firearms in a locked safe.
The felon should not know the combination or have a key. The main rule: the felon should never handle or direct access to the gun. That way, they reduce the chance of being accused of possession.
Also, if a felon is at a shooting range for an event or in a car with another person who has a gun, they need to be especially careful that no one can later claim they were controlling it. The best practice is to completely avoid situations that might raise questions about whether they have the gun. If you’re not sure where the line is, you could consult with an attorney about your living or social situation to avoid unintentional charges.
What Weapons Can a Felon Own To Protect Themselves?
By law, felons in Ohio cannot own or use guns or dangerous ordnance. This extends to typical firearms like handguns, shotguns, and rifles. But some felons wonder if they can still possess other items for self-defense.
Generally, owning things that are not classified as firearms may be allowed, such as:
- Knives: Basic kitchen knives or utility knives usually are not banned, though some local rules exist about blade length. Also, if the felon uses the knife in a crime, that’s a different problem.
- Pepper Spray: Pepper spray or mace is typically legal for self-defense in Ohio, as long as you use it properly.
- Stun Guns or Tasers: Some jurisdictions allow felons to carry these, but local rules can vary. Check your city or county rules.
- Household Items: Bats, clubs, or other everyday objects are usually not illegal to own. However, if the item is used or intended to be used as a weapon in a crime, that changes the story.
Be cautious: If a certain weapon is classified under state law as “dangerous ordnance,” you might be banned from possessing it. Some advanced or large-capacity weapons might count as ordnance.
It’s also wise to keep in mind that if you threaten someone with any object in a criminal way, you might face new charges no matter what. If you’re unsure about which self-defense tools are legal for you, you may want to consult with an attorney or research local rules carefully.
Can a Felon’s Gun Rights Be Restored?
Yes, it’s sometimes possible to regain the right to own a gun in Ohio after a felony conviction. Under § 2923.14 Relief from disability., a felon can ask the court of common pleas in their county for a “relief from disability.” If the judge grants it, that means you are legally allowed to have a firearm again.
However, you typically must meet conditions like:
- Full Discharge: You have fully completed any prison term, probation, parole, or supervised release.
- Law-Abiding Life: Since your release, you must not have committed more crimes.
- No New Bar: There can’t be any other reasons, like a federal ban, that stop you from having a gun.
Once you request relief, the court reviews your record to see if you’ve shown you’re responsible. They examine if you’ve worked, stayed out of trouble, and taken steps to reintegrate into society. They want to confirm that giving you back gun rights won’t jeopardize public safety.
However, keep in mind that even if Ohio lifts your state ban, there might be a federal ban still in place, depending on the nature of your conviction. In such a case, it could remain illegal under federal law for you to own a firearm.
The Supreme Court of Ohio in State ex rel. Suwalski v. Peeler, 167 Ohio St. 3d 38 and In re Chrosniak, 2017-Ohio-7408 has shown how courts handle these restoration requests. The process can be complicated, and it might help to speak to a local Ohio attorney who knows about Ohio expungement or relief from disability rules.
Do I Need a Lawyer if I Am Charged With Felon in Possession of a Firearm?
If you’re charged with a felony gun offense in Ohio or want help restoring your rights, consider talking to an Ohio criminal lawyer through LegalMatch. A local Ohio attorney can give you a legal consultation, offer advice about your specific situation, and represent you in court if needed. Since each case is unique, professional help often makes a big difference in the final outcome.
