July 10, 2025 | Criminal Law
Gun ownership is a major concern for many defendants living with a felony conviction. Understanding the laws about gun possession for felons is crucial, as violating them can lead to severe consequences, including new felony charges and lengthy prison time. So, can a felon own a gun?
Felony Convictions Prohibit Gun Ownership and Possession in Ohio
In Ohio, individuals with felony convictions are generally prohibited from owning, carrying, or even handling firearms or ammunition, regardless of whether the weapon is loaded or not. This strict ban means that convicted felons cannot keep a gun in their home, borrow or shoot someone else’s firearm, or have access to ammunition under any circumstances.
Even being caught with an unloaded weapon can result in serious new felony charges.
Restoring Gun Rights in Ohio
Regaining gun rights after a felony conviction in Ohio is challenging, but it isn’t always impossible. Ohio law offers a process called “relief from weapons disability” that may allow some people to have their right to own or possess firearms restored.
Applying for Relief from Weapons Disability
To even be considered, you must have completed all portions of your sentence, including probation and parole. Only after these are complete can you apply for relief.
The Court Hearing
A judge will hold a hearing where your full criminal history, your personal character, and any steps you’ve taken toward rehabilitation will be reviewed carefully. The prosecutor may challenge your petition and provide evidence or objections.
After hearing both sides, the judge has broad discretion: your rights may be fully restored, restored in a limited way (for example, for hunting only), or denied altogether. If your application is turned down due to character or fitness reasons, you can sometimes reapply in the future after additional time or changed circumstances.
Revocation of Restored Rights
Even after the restoration of gun rights, those rights can be revoked for good cause or automatically in certain situations.
Your rights are usually automatically canceled if:
- You become a fugitive
- You’re indicted for or convicted of a new violent or felony drug crime
- You struggle with drug or alcohol addiction
- You are declared mentally incompetent or involuntarily hospitalized for mental illness (unless only for observation)
Permanent Restrictions
There are still strict boundaries that cannot generally be crossed: you can never apply for restoration if convicted as a violent career criminal, or if you’ve twice been convicted of certain felonies. Restoring your rights is complicated and never automatic in these situations.
You should always speak with a criminal defense lawyer right away to figure out what your options are.
Penalties for Owning or Possessing a Firearm When Prohibited
In Ohio, being caught with a firearm when you’re not legally allowed—such as having a serious felony, drug, or violent conviction on your record—brings serious consequences.
This crime is typically a third-degree felony. If you are found guilty, you face up to three years in prison and a fine of up to $10,000. These penalties apply whether you’re caught owning, carrying, buying, or even just handling a gun as a prohibited person.
Legal Defenses to Illegal Possession of a Firearm
If you’re facing charges for illegally possessing a firearm in Ohio, several legal defenses might apply depending on the facts of your case. Two common ones include:
Unlawful Search or Seizure
If the police found the firearm through an illegal search, evidence may be thrown out if your lawyer files a successful motion to suppress. This could weaken the case against you or lead to all charges being dismissed.
No Possession or Mere Presence
It’s not enough for prosecutors to show you were simply near a firearm. They must prove you had actual control over it or the intent to possess it. Just being in the same room, vehicle, or house as a gun without any additional evidence that it belonged to you or that you exercised any authority over it does not automatically make you guilty of illegal possession.
Contact the Dayton Criminal Defense Attorneys at Suhre & Associates DUI and Criminal Defense Lawyers For Help Today
If you’re accused of prohibited firearm possession, contact us immediately to schedule a free consultation. The Dayton criminal defense lawyers at Suhre & Associates DUI and Criminal Defense Lawyers are ready to help you with your situation.
For more information, contact the criminal defense attorneys at Suhre & Associates DUI and Criminal Defense Lawyers, give us a call today at (937) 531-0435 or visit us at our Dayton Law Office.
Suhre & Associates DUI and Criminal Defense Lawyers – Dayton
130 West Second Street #17-129,
Dayton, OH 45402
(937) 531-0435
