Legal Information: Ohio

State Gun Laws

View all
Updated: 
April 28, 2017

I am a victim of domestic violence and the abuser has a gun. Is that legal?

It depends.  Under federal law, which is enforceable in every state, someone who has a protection order against him/her or who has been convicted of a felony or domestic violence misdemeanor cannot buy, own or have a gun in his/her possession.*  There are certain requirements that your protection order must meet for it to qualify under federal law.  See I have a protection order against the abuser. Can s/he keep a gun or buy a new gun? to read more about what those requirements are. Also, federal law says a person who was convicted of a felony or domestic violence misdemeanor cannot have a firearm.**  If you are not sure if the abuser has been convicted of a domestic violence misdemeanor, see What crimes are considered domestic violence misdemeanors?  To read the definition of a felony, see What is the definition of a felony?


In addition, there are certain Ohio state law restrictions about who can get a concealed handgun license in Ohio.  In order to qualify for a concealed handgun, all of the following must apply: 

  1. s/he is legally living in the United States (and has not renounced his/her US citizenship);
  2. s/he either lives in Ohio or is employed in Ohio;
  3. s/he is at least twenty-one years old;
  4. s/he is not a fugitive from justice;
  5. s/he is not currently under indictment for, or otherwise currently charged with, a felony, a misdemeanor offense of violence, negligent assault, falsifying a handgun license, or certain drug-related offenses (you can see which drug offenses in the statute, section (D)(1)(d));
  6. s/he was not convicted of or didn't plead guilty to certain drug-related offenses and was not adjudicated a delinquent child for committing an acts that would be considered these drug-related offenses if committed by an adult (you can see which drug offenses in the statute, section (D)(1)(e));
  7. s/he was not convicted of, didn't plead guilty to, or was not adjudicated a delinquent child for committing assault when the victim is a peace officer or for committing any other offense (that is not previously mentioned) that is a misdemeanor punishable by imprisonment for a term exceeding one year;
  8. within the past three years, s/he was not convicted of, didn't plead guilty to, and was not adjudicated a delinquent child for committing a misdemeanor offense of violence (other than a few specific crimes, which you can read about in the statute, section (D)(1)(f));
  9. within the past five years, s/he has not been convicted of, pleaded guilty to, or adjudicated a delinquent child for committing two or more violations of the crimes of assault or negligent assault;
  10. within the past ten years, s/he has not been convicted of, pleaded guilty to, or adjudicated a delinquent child for committing a violation of the crime of resisting arrest;
  11. can certify that s/he is not an unlawful user of, or addicted to, any drug;
  12. s/he has not been discharged from the armed forces of the United States under dishonorable conditions;
  13. s/he was not adjudicated (declared by a court) mentally incompetent, mentally ill, committed to a mental institution, or is currently an involuntary patient for any reason other than just for purposes of observation; and
  14. s/he is not currently subject to a civil protection order, a temporary protection order, or a protection order issued by a court of another state.***


* 18 USC § 922(g)(8)

** 18 USC § 922(g)(9)

*** Ohio Rev. Code § 2923.125(D)(1)