Quick Question On Federal Law

primalfear45365 · May 13, 2009, 12:06 AM

In Ohio if a person is charged with Domestic Violence , and the charges are amended to disorderly conduct can one still own a firearm? Some tell me no, some say yes. I know i have a problem buying a firearm atm so i have a appeal going, but i had np getting my CCW a few months ago. and these charges where from 2007.

blume357 · May 13, 2009, 05:36 AM

If you have an Ohio concealed permit then you should have no problem purchasing a firearm in that state...

Doyle · May 13, 2009, 07:44 AM

Charged or convicted. Last I heard, charges didn't matter. Also, is there a domestic restraining order involved?

primalfear45365 · May 13, 2009, 10:53 AM

i was charged with domestic but convicted of disorderly conduct, and yes there was a restraining order untill the court process was over.

armsmaster270 · May 13, 2009, 12:05 PM

Not sure but I think the restraining order has to be active to shoot you down. On thr reduced charges you may be good to go. You might check the Attorney Generals web site and see if they cover it.

Ricky B · May 15, 2009, 12:36 AM

This sounds like the issue in US v. Hayes. Check out this thread:

http://www.thefiringline.com/forums/...d.php?t=318747

Your possession of firearms may violate federal law. You should get legal advice from a lawyer, not on the internet.

DVC9 · May 15, 2009, 06:58 AM

If you were Convicted of a misdemeanor act of domestic violence you will be in violation of Federal law if you are in posession of a firearm.

The law is retroactive and there is no grandfather clause.

As an instructor, I read the same question prior to all my classes.

Just because your system didn't catch something and issued you a permit does not meen that you are OK. You need to do as was previously mentioned and take your specifics to a Lawyer.

Best of luck... M

primalfear45365 · May 15, 2009, 02:52 PM

So i just got back from the attornys office, the one who took care of the case isnt there anymore he is a juvenile Judge but his son is helping me out now. He basically said that Shelby County doesnt do the subcodes on Disorderly conduct charges, so he is going to reopen the case and have the charge amended to the a Disorderly Conduct with the subcode of none of the Elements That Disqualify federal Gun Rights. But he also has to run this thru the Prosecutor, and make sure its fine with her so hopefully all will go well.

May 13, 2009, 12:06 AM	#1
primalfear45365 Junior Member Join Date: November 19, 2008 Posts: 6	Quick Question On Federal Law In Ohio if a person is charged with Domestic Violence , and the charges are amended to disorderly conduct can one still own a firearm? Some tell me no, some say yes. I know i have a problem buying a firearm atm so i have a appeal going, but i had np getting my CCW a few months ago. and these charges where from 2007. Last edited by primalfear45365; May 13, 2009 at 12:15 AM.

May 13, 2009, 05:36 AM	#2
blume357 Senior Member Join Date: August 2, 2005 Location: Greenville, SC Posts: 3,943	If I interpreted your typos right.... If you have an Ohio concealed permit then you should have no problem purchasing a firearm in that state...

May 13, 2009, 12:05 PM	#5
armsmaster270 Senior Member Join Date: November 25, 2008 Location: California Posts: 1,951	Not sure but I think the restraining order has to be active to shoot you down. On thr reduced charges you may be good to go. You might check the Attorney Generals web site and see if they cover it. __________________ http://www.armsmaster.net-a.googlepages.com http://s239.photobucket.com/albums/f...aster270/Guns/ Retired LE, M.P., Sr. M.P. Investigator F.B.I. Trained Rangemaster/Firearms Instructor & Armorer, Presently Forensic Document Examiner for D.H.S.

May 13, 2009, 07:44 AM	#3
Doyle Senior Member Join Date: June 20, 2007 Location: Rainbow City, Alabama Posts: 7,167	Charged or convicted. Last I heard, charges didn't matter. Also, is there a domestic restraining order involved?

May 13, 2009, 10:53 AM	#4
primalfear45365 Junior Member Join Date: November 19, 2008 Posts: 6	i was charged with domestic but convicted of disorderly conduct, and yes there was a restraining order untill the court process was over.

May 15, 2009, 12:36 AM	#6
Ricky B Senior Member Join Date: November 3, 2002 Posts: 251	This sounds like the issue in US v. Hayes. Check out this thread: http://www.thefiringline.com/forums/...d.php?t=318747 Your possession of firearms may violate federal law. You should get legal advice from a lawyer, not on the internet.

May 15, 2009, 06:58 AM	#7
DVC9 Senior Member Join Date: February 12, 2005 Posts: 150	If you were Convicted of a misdemeanor act of domestic violence you will be in violation of Federal law if you are in posession of a firearm. The law is retroactive and there is no grandfather clause. As an instructor, I read the same question prior to all my classes. Just because your system didn't catch something and issued you a permit does not meen that you are OK. You need to do as was previously mentioned and take your specifics to a Lawyer. Best of luck... M

May 15, 2009, 02:52 PM	#8
primalfear45365 Junior Member Join Date: November 19, 2008 Posts: 6	So i just got back from the attornys office, the one who took care of the case isnt there anymore he is a juvenile Judge but his son is helping me out now. He basically said that Shelby County doesnt do the subcodes on Disorderly conduct charges, so he is going to reopen the case and have the charge amended to the a Disorderly Conduct with the subcode of none of the Elements That Disqualify federal Gun Rights. But he also has to run this thru the Prosecutor, and make sure its fine with her so hopefully all will go well.