Under Ohio law, a number of criminal offenses can prevent you from owning a firearm of obtaining a concealed carry license (CCW). The application and licensing process can be found under Ohio Revised Code (ORC) 2923.125. Laws regarding the suspension and revocation of a CCW license are found under ORC 2923.128. Since it is common knowledge that a felony conviction can affect a person’s ability to own a firearm or obtain a CCW, this article will address how certain misdemeanor convictions will affect a person’s firearm rights.

Ohio Criminal Offenses That Will Prevent You From Owning a Firearm or Obtaining a CCW

Domestic Violence

Under federal law, any person with a domestic violence conviction is prohibited from owning a firearm. Misdemeanor domestic violence comes in two varieties pursuant to ORC 2919.25:

• 1^st Degree Misdemeanor – A domestic violence offense is usually charged as a 1^st degree misdemeanor that carries 6 months in jail and a $1000 fine. This will be charged when a person knowingly causes or attempts to cause physical harm to a family or household member, or recklessly causes serious harm. This level of offense is not expungeable under Ohio law.
• 4^th Degree Misdemeanor – A domestic violence offense will be charged as a 4^th degree misdemeanor when the person causes a family or household member to believe that the person will cause imminent physical harm to a family or household member. This level of offense is currently expungeable in Ohio.
• Note, however, that if you were charged with domestic violence and it was reduced to a disorderly conduct involving some threat of harm or violence as part of a plea bargain, you may still face a federal weapons disability even if the disorderly conduct offense is expunged.

Misdemeanor Offense of Violence

A conviction for certain “offenses of violence” will prevent you from obtaining a CCW in Ohio. This applies even if you were convicted of attempt or conspiracy to commit one of the offenses listed below.

A misdemeanor “offense of violence” is defined as any offense that is committed purposely or knowingly involving physical harm to another person, or creates a risk of serious physical harm to another.

A conviction for any offense of violence will prevent you from obtaining a CCW in Ohio for 3 years following the conviction. The following are examples of offenses of violence that can prevent you from obtaining an Ohio CCW for 3 years:

• Assault
• Negligent Assault
• Menacing
• Child Endangerment

There are certain offenses that will bar you from obtaining a CCW in Ohio for 10 years after the date of conviction. These include resisting arrest and assault where the victim was a peace officer.

Marijuana Possession or Paraphernalia Conviction

A conviction for possession of marijuana or drug paraphernalia in Ohio can prevent you from obtaining a CCW in Ohio. Any 1^st, 2^nd, 3^rd or 4^th misdemeanor drug conviction under ORC 2925 will prevent you from obtaining a CCW in Ohio. A conviction for a minor misdemeanor will not prevent you from obtaining an Ohio CCW. However, any pending misdemeanor drug charge under ORC 2925 that involves a drug of abuse (including marijuana) will prevent you from obtaining a CCW in Ohio.

Columbus and Delaware, Ohio Criminal Defense Attorney

If you have been charged with a criminal offense in Columbus or Delaware, Ohio, contact Johnson Legal, LLC and speak with an experienced criminal defense attorney. Attorney David Johnson of Johnson Legal, LLC will discuss your case and assist you in fighting the charges. Call (614) 987-0192 or send an email to schedule a consultation regarding your criminal offense case.