We recently wrote about the changes to gun laws at a federal level and how they impact Domestic Violence charges. However, we have older articles on firearms restrictions with a Domestic Violence conviction in Ohio. And we know that this topic is of great interest to our client base. The changes are a little too complex to simply update our existing articles. So in this article, we will update our information, specifically on how Domestic Violence convictions relate to Ohio firearms restrictions.
Previous Laws
In 2022, the federal government passed the Bipartisan Safer Communities Act. Before this act, a Domestic Violence conviction almost always carried a lifetime ban on firearms. The Federal Gun Control Act places anyone convicted of a felony or misdemeanor of Domestic Violence under disability. That firearms disability was almost always a lifetime imposition. There were some discrepancies between Ohio’s definition of Domestic Violence and the federal definition. Because of these descrepancies, there could have been an argument that some Ohio Domestic Violence charges did not warrant the lifetime ban on firearms. Other than a few very specific cases, there was not much argument for people who wanted to obtain a firearm after being a Domestic Violence conviction.
Current Laws
Our recent article on the Bipartisan Safer Communities Act, we give a general overview on the entire bill. As it applies to Domestic Violence charges, the most notable aspect is the new rules about firearms restrictions. Under the new law, there are much fewer situations where the firearm ban would continue for life. More people may now be charged with Domestic Violence as opposed to Assault, but the consequences of being convicted of Domestic Violence are more lenient now as they apply to gun laws. Generally speaking, some people convicted of Domestic Violence will be able to regain their ability to own firearms as long as they have not committed more crimes after five years. This change in Domestic Violence laws may seem small, but in our experience the change in federal law would have affected many of our clients’ cases. If you believe there is a chance you could regain firearm owner’s rights, contact Dearie, Fischer & Martinson to obtain expert legal help.
Conclusion
The Bipartisan Safer Communities Act made significant changes to both firearms laws and Domestic Violence Laws. Both of these areas of the law both change and shift often, even if they do not change at the same time. Ohioans should stay informed of federal laws and Ohio laws so they know their rights going forward. We know many people may have questions about the law, and individual cases may raise additional questions. We will do our best to keep the blog up to date. As always, never hesitate to contact our offices if you are interested in retaining experienced lawyers in Warren County, Montgomery County, or surrounding Ohio areas.
