Legal Information: Ohio

State Gun Laws

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Updated: 
April 28, 2017

If the abuser has been convicted of a crime, can s/he keep or buy a gun?

It depends on the crime.  Under Ohio state law, a person cannot get a concealed handgun license if s/he was convicted of, pleaded guilty to, or adjudicated a delinquent child for committing the crime of domestic violence in Ohio or a similar crime in another state.*  In addition, s/he cannot get a concealed handgun license if any of the following other criminal activities took place:

  1. s/he is 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));
  2. s/he was convicted of or plead guilty to certain drug-related offenses or was adjudicated a delinquent child for committing an act 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));
  3. s/he was convicted of, plead guilty to, or was adjudicated a delinquent child for committing assault when the victim is a peace officer;
  4. within the past three years, s/he was convicted of, plead guilty to, or was 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));
  5. within the past five years, s/he has 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;
  6. within the past ten years, s/he has been convicted of, pleaded guilty to, or adjudicated a delinquent child for committing a violation of the crime of resisting arrest.**

Also, Ohio state law says that if a deadly weapon (including a firearm) is used while committing a domestic violence crime or while violating a protection order, the police officers who come to the scene of the crime have the right to seize (take) the weapon.***

In addition, under federal law, if the abuser has been convicted of a felony or a domestic violence misdemeanor, s/he cannot have or buy a gun.****  If you're not sure if the abuser has been convicted of a domestic violence misdemeanor, see What crimes are considered domestic violence misdemeanors?

* Ohio Rev. Code § 2923.125(D)(1)(s)
** Ohio Rev. Code § 2923.125(D)(1)
*** Ohio Rev. Code § 2935.03(h)
**** 18 USC § 922(g)(9)