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CCW after a felony expungemnet

yellow2004gto

New member
Joined
May 30, 2012
Messages
6
Location
ohio columbus
I have a felony on my record from 12 years ago for a felony 5, theft case. It was $4.09 over a misdeameanor. and I want to know if I get that expunged, will I be able to get a ccw and own a firearm?. I went to local gun shop and they told me I had to contact the ATF with a lawyer and go through alot to get my rights to carry back. Please help me with what ever you can. Thanks
 
H

Herr Heckler Koch

Guest
Under this section, you are not disabled.
2923.13 Having weapons while under disability.

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

(1) The person is a fugitive from justice.

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

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

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

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

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

Amended by 129th General Assembly File No. 30, HB 54, § 1, eff. 9/30/2011.
 

SFCRetired

Regular Member
Joined
Oct 29, 2008
Messages
1,764
Location
Montgomery, Alabama, USA
This is what I found at one site:

http://suite101.com/article/gun-ownership-by-convicted-felons-a71729

Federal law forbids a convicted felon from owning or otherwise possessing firearms or ammunition.

That particular site lists an exception, but it has been my understanding that you would have to get the BATFE to clear your record also. I'm not very clear on the exception or the BATFE thing.

Some of you here who are much better versed in the law than this old man please lend your expertise.
 

Tucker6900

Regular Member
Joined
Jul 10, 2008
Messages
1,279
Location
Iowa, USA
I have had a felony expunged. Let me put it to you like my lawyer, and the judge, put it to me.

An expunged felony is like never having one. It can never be used against you in future issues. It cannot be used against you for anything. Its like you were never convicted. The file goes away and gets locked up in a basement somewhere.
My biggest concern was firearms ownership. When I went to apply for my Michigan cpl, I decided to turn back due to my felony. Then I stared looking into it. And when I realized what "expunged" meant. I went and applied. The sheriff did not find a felony. The gun board didn't find a felony. And I received my permit.

I am pretty sure that the expungment rules are universal, but you may do some checking first.

And to add.....Don't go to the atf. Save some money, get a lawyer, and apply through the court. That is Tue best way to do it. One of the conditions of my sentencing was that upon completion of probation, it would be expunged.
 
Last edited:

bigdaddy1

Regular Member
Joined
May 7, 2009
Messages
1,320
Location
Southsider der hey
So you AND your stepson are convicted felons?

I would TROLL around a bit more.







If I am wrong and you are simply very misinformed, my apologies. For now I see a TROLL bridge ahead.
 
Last edited:

yellow2004gto

New member
Joined
May 30, 2012
Messages
6
Location
ohio columbus
felony

I have never had run ins with law. I would rather they take him in my stepson i mean.He's disrespectful towards his wife and he's dope smokin alki.There guns do not have locks on them and he has a four year old son running around.
 

Dreamer

Regular Member
Joined
Sep 23, 2009
Messages
5,360
Location
Grennsboro NC
Here's the deal...

REGARDLESS of whether or not you have a felony, or whether or not it has been expunged. if you "CCW", you will probably be arrested, and lose you rpermit and your gun.

"CCW" is an abreviation for the CRIME of Carrying a Concealed Weapon. Nowhere in the laws of any state in the USA is the term "CCW" used to describe a lawful mode of carry, or the card that represents the permit/license itself. This term is ONLY used in law to describe a CRIME.

Please, please, please stop using "CCW" to talk about a licence/permit to carry concealed. You live in Ohio, and your license is called a "License to Carry a Concealed Handgun" (or LCCH for short).

http://www.usacarry.com/ohio_concealed_carry_permit_information.html

Calling a legal, valid permit to carry concealed a "CCW" is like calling lawful marriage "white slavery". They are NOT even remotely the same thing, in the eyes of the law...
 
Last edited:

Mike

Site Co-Founder
Joined
May 13, 2006
Messages
8,706
Location
Fairfax County, Virginia, USA
This is what I found at one site:

http://suite101.com/article/gun-ownership-by-convicted-felons-a71729

Federal law forbids a convicted felon from owning or otherwise possessing firearms or ammunition.

That particular site lists an exception, but it has been my understanding that you would have to get the BATFE to clear your record also. I'm not very clear on the exception or the BATFE thing.

If the state felony conviction is expunged, then under federal law that conviction no longer disables you from carrying firearms. Assuming the state also treats expunged felonies as no longer disabling you from carrying firearms, then you could legally carry firearms.

The same is true even if your state conviction is not expunged, but your civil rights are restored as a matter if state law - your core civil rights are the right to vote, hold office, and serve on a jury.
 

Travis Baughman

New member
Joined
Jun 20, 2012
Messages
3
Location
Columbus, OH.
Hello all, For what its worth, I am yellow2004gto's nephew and I posted this discussion under his name. I had his permission to do so. I am a convicted felon and I am trying everything I can to get rid of it. It was from 12 years ago and I have not had any troubles since then, not to mention, I was 17 when the crime was committed and arrested after I turned 18. I was a minor when said crime was done. My uncle has never had any trouble with the law what so ever. I am not a troller as you put it, stupid saying by the way. I just would like to get the right answer from someone who knows what they are talking about. I have been told that all I need to do is get it expunged by the courts, others have told me I needed to get it expunged AND get a lawyer to contact the ATF about it being removed which would cost alot of money. I would just like the right answer. I feel that my right as an american to own a firearm to protect my wife and 2 children should not be taken away from me. It WAS NOT a violent crime in any, way, shape or form. No children where involved, there was no sexual crime or drug related offense committed. I paid my dues with jail time and probation, I feel it is complete ******** that I have to pay for it the rest of my life because I was a kid who made a mistake. and all over $4.09 cents and I had a public pretender. What am I supposed to do if a BAD GUY comes in my house to hurt me and my family?? Ask him to wait for the cops to get there or kill him with harsh language?? I know some of you will say, Oh, you did the crime so do the time, I did that already.
 

Travis Baughman

New member
Joined
Jun 20, 2012
Messages
3
Location
Columbus, OH.
Here's the deal...

REGARDLESS of whether or not you have a felony, or whether or not it has been expunged. if you "CCW", you will probably be arrested, and lose you rpermit and your gun.

"CCW" is an abreviation for the CRIME of Carrying a Concealed Weapon. Nowhere in the laws of any state in the USA is the term "CCW" used to describe a lawful mode of carry, or the card that represents the permit/license itself. This term is ONLY used in law to describe a CRIME.

Please, please, please stop using "CCW" to talk about a licence/permit to carry concealed. You live in Ohio, and your license is called a "License to Carry a Concealed Handgun" (or LCCH for short).

http://www.usacarry.com/ohio_concealed_carry_permit_information.html

Calling a legal, valid permit to carry concealed a "CCW" is like calling lawful marriage "white slavery". They are NOT even remotely the same thing, in the eyes of the law...

A CCW is what it was called in the local newspaper and even at the local gun shop so, sorry for quoting someone who has no idea what they are talking about.
 
H

Herr Heckler Koch

Guest
I have been told that all I need to do is get it expunged by the courts, others have told me I needed to get it expunged AND get a lawyer
Under this section, you are not disabled.
2923.13 Having weapons while under disability.

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

(1) The person is a fugitive from justice.

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

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

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

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

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

Amended by 129th General Assembly File No. 30, HB 54, § 1, eff. 9/30/2011.
.
 

Travis Baughman

New member
Joined
Jun 20, 2012
Messages
3
Location
Columbus, OH.
Thanks Herr, I appericate it. I already talked to the proscuting attorney in the county about getting it done, The only problem is getting the information I need to include on the paperwork. It will be done this weekend.
 

Big Gay Al

Michigan Moderator
Joined
Aug 27, 2006
Messages
1,944
Location
Mason, Michigan, USA
A CCW is what it was called in the local newspaper and even at the local gun shop so, sorry for quoting someone who has no idea what they are talking about.
While I sort of understand why some people get ticked about the usage of the abbreviation "CCW," sometimes, I think some people need to take a good look around. I've seen "CCW" used in police stations. Usually on a sign pointing you in the direction you have to go to get finger printed, or have a background check done, or whatever else is necessary to get your concealed license.

To some, it's like the usage of the term "clip" when you should say "magazine." In the end, who cares, as long as you know what they're talking about.

And this little discussion is a prime example of why everyone needs to use their own account. Otherwise, large misunderstandings get started that are sometimes difficult to clear up. (Besides, accounts are free to create and use. :) ) Frankly, I'm getting too old to worry about this stuff.

I'd suggest asking a lawyer. Usually some are willing to grant an initial interview for free. This way you can describe your problem, they can tell you whether or not your conviction can be expunged, how much it will cost, and if it will restore your rights to own and/or carry a gun.

Good Luck.
 

DrakeZ07

Regular Member
Joined
Mar 26, 2011
Messages
1,080
Location
Lexington, Ky
*Snippers~*
Calling a legal, valid permit to carry concealed a "CCW" is like calling lawful marriage "white slavery". They are NOT even remotely the same thing, in the eyes of the law...

That made me laugh.

I will now forever call, and/or refer to marriage, as "White slavery", for the humor and epicness derived from you.

You sir, win fourteen internets, and a basket of muffins.
 

bigdaddy1

Regular Member
Joined
May 7, 2009
Messages
1,320
Location
Southsider der hey
Here's the deal...

REGARDLESS of whether or not you have a felony, or whether or not it has been expunged. if you "CCW", you will probably be arrested, and lose you rpermit and your gun.

"CCW" is an abreviation for the CRIME of Carrying a Concealed Weapon. Nowhere in the laws of any state in the USA is the term "CCW" used to describe a lawful mode of carry, or the card that represents the permit/license itself. This term is ONLY used in law to describe a CRIME.

Please, please, please stop using "CCW" to talk about a licence/permit to carry concealed. You live in Ohio, and your license is called a "License to Carry a Concealed Handgun" (or LCCH for short).

http://www.usacarry.com/ohio_concealed_carry_permit_information.html

Calling a legal, valid permit to carry concealed a "CCW" is like calling lawful marriage "white slavery". They are NOT even remotely the same thing, in the eyes of the law...

Thats why we (Wisconsin folk anyway) call it a CCL. Conceald Carry License.
 

lockman

State Researcher
Joined
Aug 19, 2006
Messages
1,193
Location
Elgin, Illinois, USA
Even if successful at getting relief under federal law by going through the ATF procedure to have your rights restored, this will not lift any restriction imposed under state law for a state or local offense.

Expungement through local courts is the best remedy for state convictions.
 

Tucker6900

Regular Member
Joined
Jul 10, 2008
Messages
1,279
Location
Iowa, USA
Even if successful at getting relief under federal law by going through the ATF procedure to have your rights restored, this will not lift any restriction imposed under state law for a state or local offense.

Expungement through local courts is the best remedy for state convictions.

+1.

If it was a state conviction, go to the state. It also worked well for me because I was given the same judge that sentenced me.
 

riklite

New member
Joined
Aug 6, 2014
Messages
2
Location
AL
Hi, I stumbled upon this post of your's when I googled information about getting a conceal carry permit with a felony arrest on my record. 15 years ago, I plead guilty to a felony charge but I only agreed to the plea because my attorney told me he could get me "non-adjudicated" probation. It sounds like you went through something similar. I completed the terms of my probation and do not have a felony on my record. Anyway, fast forward to today. I recently purchased a Glock 26 with no problems other than a 3 day delay due to the ATF looking into the arrest. I applied for my CCP but was told that they needed something saying how my case was resolved. The felony arrest shows in my record but not a felony conviction. Did you have any issues like that? I just don't really know where to start. I don't have much paper work from the courts. It was 15 years ago so I anticipate some issues trying to deal with court clerks and whatnot. Anyway, if you have any advice or feedback, that would be great. Thanks!

I have had a felony expunged. Let me put it to you like my lawyer, and the judge, put it to me.

An expunged felony is like never having one. It can never be used against you in future issues. It cannot be used against you for anything. Its like you were never convicted. The file goes away and gets locked up in a basement somewhere.
My biggest concern was firearms ownership. When I went to apply for my Michigan cpl, I decided to turn back due to my felony. Then I stared looking into it. And when I realized what "expunged" meant. I went and applied. The sheriff did not find a felony. The gun board didn't find a felony. And I received my permit.

I am pretty sure that the expungment rules are universal, but you may do some checking first.

And to add.....Don't go to the atf. Save some money, get a lawyer, and apply through the court. That is Tue best way to do it. One of the conditions of my sentencing was that upon completion of probation, it would be expunged.
 
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