Bill Text: OH SB247 | 2009-2010 | 128th General Assembly | Engrossed

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Bill Title: To conform the restoration of civil firearm rights with federal law and U.S. Supreme Court case law; to eliminate the prohibition against persons with certain misdemeanor drug offense convictions acquiring or possessing firearms or dangerous ordnance; and to allow restoration of civil firearm rights for firearms that are dangerous ordnance.

Spectrum: Slight Partisan Bill (Republican 7-3)

Status: (Engrossed - Dead) 2010-05-27 - Passed 3rd Consideration House [SB247 Detail]

Download: Ohio-2009-SB247-Engrossed.html

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As Passed by the Senate

128th General Assembly Regular Session 2009-2010

Am. S. B. No. 247

Senator Wilson 

Cosponsors: Senators Niehaus, Cafaro, Grendell, Buehrer, Coughlin, Seitz, Cates, Harris, Sawyer 

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A BILL

To amend sections 2923.13 and 2923.14 of the Revised

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Code to conform the restoration of civil firearm

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rights with federal law and U.S. Supreme Court

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case law; to eliminate the prohibition against

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persons with certain misdemeanor drug offense

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convictions acquiring or possessing firearms or

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dangerous ordnance; and to allow restoration of

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civil firearm rights for firearms that are

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dangerous ordnance.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 2923.13 and 2923.14 of the Revised	10
Code be amended to read as follows:	11

Sec. 2923.13.  (A) Unless relieved from disability as	12
provided in section 2923.14 of the Revised Code, no person shall	13
knowingly acquire, have, carry, or use any firearm or dangerous	14
ordnance, if any of the following apply:	15

(1) The person is a fugitive from justice.

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(2) The person is under indictment for or has been convicted	17
of any felony offense of violence or has been adjudicated a	18
delinquent child for the commission of an offense that, if	19
committed by an adult, would have been a felony offense of	20
violence.	21

(3) The person is under indictment for or has been convicted	22
of any felony offense involving the illegal possession, use, sale,	23
administration, distribution, or trafficking in any drug of abuse	24
or has been adjudicated a delinquent child for the commission of	25
an offense that, if committed by an adult, would have been ana	26
felony offense involving the illegal possession, use, sale,	27
administration, distribution, or trafficking in any drug of abuse.	28

(4) The person is drug dependent, in danger of drug	29
dependence, or a chronic alcoholic.	30

(5) The person is under adjudication of mental incompetence,	31
has been adjudicated as a mental defective, has been committed to	32
a mental institution, has been found by a court to be a mentally	33
ill person subject to hospitalization by court order, or is an	34
involuntary patient other than one who is a patient only for	35
purposes of observation. As used in this division, "mentally ill	36
person subject to hospitalization by court order" and "patient"	37
have the same meanings as in section 5122.01 of the Revised Code.	38

(B) Whoever violates this section is guilty of having weapons	39
while under disability, a felony of the third degree.	40

Sec. 2923.14.  (A) Any person who, solely by reason of the	41
person's disability under division (A)(2) or (3) of section	42
2923.13 of the Revised Code, is prohibited from acquiring, having,	43
carrying, or using firearms, may apply to the court of common	44
pleas in the county in which the person resides for relief from	45
such prohibition.	46

(B) The application shall recite the following:

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(1) All indictments, convictions, or adjudications upon which	48
the applicant's disability is based, the sentence imposed and	49
served, and any release granted under a community control	50
sanction, post-release control sanction, or parole, any partial or	51
conditional pardon granted, or other disposition of each case, or,	52
if the disability is based upon a factor other than an indictment,	53
a conviction, or an adjudication, the factor upon which the	54
disability is based and all details related to that factor;	55

(2) Facts showing the applicant to be a fit subject for	56
relief under this section.	57

(C) A copy of the application shall be served on the county	58
prosecutor. The county prosecutor shall cause the matter to be	59
investigated and shall raise before the court any objections to	60
granting relief that the investigation reveals.	61

(D) Upon hearing, the court may grant the applicant relief	62
pursuant to this section, if all of the following apply:	63

(1) TheOne of the following applies:

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(a) If the disability is based upon an indictment, a	65
conviction, or an adjudication, the applicant has been fully	66
discharged from imprisonment, community control, post-release	67
control, and parole, or, if the applicant is under indictment, has	68
been released on bail or recognizance.	69

(b) If the disability is based upon a factor other than an	70
indictment, a conviction, or an adjudication, that factor no	71
longer is applicable to the applicant.	72

(2) The applicant has led a law-abiding life since discharge	73
or release, and appears likely to continue to do so.	74

(3) The applicant is not otherwise prohibited by law from	75
acquiring, having, or using firearms.	76

(E) Costs of the proceeding shall be charged as in other	77
civil cases, and taxed to the applicant.	78

(F) Relief from disability granted pursuant to this section	79
restores the applicant to all civil firearm rights to the full	80
extent enjoyed by any citizen, and is subject to the following	81
conditions:	82

(1) Applies only with respect to indictments, convictions, or	83
adjudications, or to the other factor, recited in the application	84
as the basis for the applicant's disability;	85

(2) Applies only with respect to firearms lawfully acquired,	86
possessed, carried, or used by the applicant;	87

(3) Does not apply with respect to dangerous ordnance;

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(4) May be revoked by the court at any time for good cause	89
shown and upon notice to the applicant;	90

(5)(4) Is automatically void upon commission by the applicant	91
of any offense set forth in division (A)(2) or (3) of section	92
2923.13 of the Revised Code, or upon the applicant's becoming one	93
of the class of persons named in division (A)(1), (4), or (5) of	94
that section.	95

(G) As used in this section:

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(1) "Community control sanction" has the same meaning as in	97
section 2929.01 of the Revised Code.	98

(2) "Post-release control" and "post-release control	99
sanction" have the same meanings as in section 2967.01 of the	100
Revised Code.	101

Section 2. That existing sections 2923.13 and 2923.14 of the	102
Revised Code are hereby repealed.	103

Section 3. It is the intent of the General Assembly in	104
amending section 2923.14 of the Revised Code to apply the	105
amendments to that section retroactively to any restoration of	106
rights granted previously to any applicant under section 2923.14	107
of the Revised Code or under any previous version of that section.	108
The General Assembly is explicitly making this amendment to	109
clarify that relief from a weapons disability granted under	110
section 2923.14 of the Revised Code restores a person's civil	111
firearm rights to such an extent that the uniform federal ban on	112
possessing any firearms at all, 18 U.S.C. 922(g)(1), does not	113
apply to that person, in correlation with the U.S. Supreme Court's	114
interpretation of 18 U.S.C. 921(a)(20) in Caron v. U.S. (1998),	115
524 U.S. 308.	116