Ohio Weapon Restrictions

Ohio restricts firearm possession on two axes. The first axis is person: fugitives, persons under indictment for or convicted of any felony offense of violence, persons under indictment for or convicted of any felony drug offense, drug-dependent persons and chronic alcoholics, and persons under adjudication of mental incompetence or commitment cannot acquire, have, carry, or use firearms or dangerous ordnance. Ohio Rev. Code § 2923.13 ("Having weapons while under disability") is the operative statute and is graded as a felony of the third degree. The second axis is item: dangerous ordnance - automatic firearms, sawed-off firearms, zip-guns, ballistic knives, explosive devices, incendiary devices, high explosives, military weapons and ammunition for them, firearm mufflers or suppressors, and combinations of parts intended for conversion into the same - is categorically restricted unless the possessor falls into one of the eight exceptions in Ohio Rev. Code § 2923.17(C). Federal law at 18 U.S.C. § 922(g) runs in parallel and reaches several categories Ohio does not directly criminalize at § 2923.13, including drug users who are not drug-dependent, illegal aliens, dishonorably discharged servicemembers, persons who have renounced citizenship, and certain misdemeanor crime of domestic violence (MCDV) convictions.

This section is the person-and-item companion to PROHIBITED_PLACES, which covers the place-based bans.

Person-Based Prohibitions: § 2923.13 Disability Categories

Section 2923.13 ("Having weapons while under disability") defines five disqualifying categories. Each is a lifetime bar absent relief from disability under § 2923.14. Subsection (C) is emphatic: "under operation of law or legal process" does not include the mere completion, termination, or expiration of a sentence imposed as a result of a criminal conviction. Serving the prison time, paying the fine, and finishing parole does not lift the § 2923.13 disability - Ohio runs the disability indefinitely until a court of common pleas grants relief. The statutory verb list - "acquire, have, carry, or use" - reaches every interaction with a firearm or dangerous ordnance.

The five categories

§ 2923.13(A)(1) - Fugitive from justice. Barred for as long as the fugitive status persists. Federal § 922(g)(2) is parallel.

§ 2923.13(A)(2) - Felony offense of violence. A person under indictment for or convicted of any felony offense of violence is barred. The trigger is either the indictment or the conviction - a person awaiting trial is already prohibited before any guilty verdict. The disability also reaches juveniles adjudicated for an offense that would have been a felony of violence if committed by an adult.

§ 2923.13(A)(3) - Felony drug offense. A person under indictment for or convicted of any felony offense involving the illegal possession, use, sale, administration, distribution, or trafficking of any drug of abuse is barred - broader than § 922(g)(1) because it activates upon indictment. Also reaches juveniles adjudicated for a drug-felony equivalent.

§ 2923.13(A)(4) - Drug dependence or chronic alcoholism. A person who has a drug dependency, is in danger of drug dependence, or has chronic alcoholism is barred. This is a status bar - no indictment or predicate proceeding required. Federal § 922(g)(3) is parallel but distinct: it reaches "unlawful users" of any controlled substance regardless of dependency, while § 2923.13(A)(4) requires dependency or imminent danger of dependency (or chronic alcoholism). A casual marijuana user is exposed federally under § 922(g)(3) without falling within § 2923.13(A)(4); a person with diagnosed alcohol use disorder is exposed under § 2923.13(A)(4) without necessarily being exposed under § 922(g)(3).

§ 2923.13(A)(5) - Mental health. A person is barred if: under adjudication of mental incompetence; committed to a mental institution; found by a court to be a person with a mental illness subject to court order (defined in § 5122.01); or an involuntary patient other than one held only for purposes of observation. Federal § 922(g)(4) is parallel.

Penalty and scope

A violation of § 2923.13 is a felony of the third degree under § 2923.13(B); each separate possession event during the disability period is a separate offense. Constructive possession applies: a prohibited person who lives in a household with firearms titled to a non-prohibited spouse or roommate has unlawful "having" if those firearms are accessible. The standard remedy is a locked safe with the combination held only by the non-prohibited owner.

§ 2923.14 Relief from Disability

Ohio is unusual among states with permanent firearm disabilities in that it provides a clean state-court pathway to restoration. Section 2923.14 lets a person prohibited under § 2923.13 apply to the court of common pleas in the county of residence for relief.

Eligibility limits (§ 2923.14(A)(2)). Two categories of applicants are categorically ineligible: a person convicted of or who has pleaded guilty to § 2923.132 (the "violent career criminal" weapons offense); and a person who, two or more times, has been convicted of or pleaded guilty to a felony and a firearm specification under § 2941.141, § 2941.144, § 2941.145, § 2941.146, § 2941.1412, or § 2941.1424. Everyone else under § 2923.13 disability may apply, including (A)(4) drug-dependency and (A)(5) mental-health disabilities.

Application and process (§ 2923.14(B), (C)). The application must recite all indictments, convictions, adjudications, sentences, community control or post-release control or parole, partial or conditional pardons, and other dispositions underlying the disability - or, if the disability is based on a non-conviction factor, that factor and all related details - plus facts showing the applicant to be a fit subject for relief. A copy is served on the county prosecutor, who must investigate and raise any objections.

Court findings (§ 2923.14(D)). The court may grant relief only if all three of the following apply: (1) the applicant has been fully discharged from imprisonment, community control, post-release control, and parole (or, if under indictment, has been released on bail or recognizance), or - for non-conviction factor disabilities - that factor is no longer applicable; (2) the applicant has led a law-abiding life since discharge or release and appears likely to continue to do so; and (3) the applicant is not otherwise prohibited by law from acquiring, having, or using firearms (including no independent § 922(g) federal disability).

Effect of relief (§ 2923.14(F)). Relief restores the applicant to all civil firearm rights "to the full extent enjoyed by any citizen," subject to four conditions: it applies only to the factors recited in the application; it applies only to firearms lawfully acquired, possessed, carried, or used; it may be revoked at any time for good cause shown; and it is automatically void if the applicant commits any (A)(2) or (A)(3) offense, or becomes one of the (A)(1), (A)(4), or (A)(5) classes.

Federal interaction. Under 18 U.S.C. § 921(a)(20), a state conviction for which a person has had civil rights restored is generally not a "conviction" for § 922(g)(1) purposes unless the restoration expressly forbids firearms. ATF generally treats § 2923.14 relief as a qualifying restoration for the Ohio conviction recited in the application. A § 2923.14 grant lifts § 2923.13 statewide and lifts § 922(g)(1) for the specific Ohio conviction(s) recited; it does not lift federal disabilities arising from federal or out-of-state predicates.

§ 2923.15 Intoxicated Possession

Section 2923.15: no person, while under the influence of alcohol or any drug of abuse, shall carry or use any firearm or dangerous ordnance. Violation is a misdemeanor of the first degree. The statute is narrower than § 2923.13 in that it reaches only "carry" and "use," not "acquire" or "have." It applies to everyone - CHL holder, non-resident reciprocity carrier, or permitless carrier under § 2923.111 alike. Section 2923.20(A)(1) cross-references § 2923.15: a seller who recklessly furnishes a firearm to a person under the influence commits a separate offense.

Item-Based Prohibitions: § 2923.17 Dangerous Ordnance

Section 2923.17 prohibits any person from knowingly acquiring, having, carrying, or using any dangerous ordnance. The definition of "dangerous ordnance" is at § 2923.11(K) and reaches:

Exclusions (§ 2923.11(L))

Several categories are excluded from "dangerous ordnance": black-powder and obsolete-ignition firearms; ordinary sporting pistols, rifles, and shotguns (including military weapons as issued or modified, and their ammunition) unless automatic or sawed-off; pre-1887 black-powder cannons; small-arms propellant powder, primers, and percussion caps; inoperable trophy, souvenir, curio, or museum pieces; items excepted from the federal "destructive device" definition under 18 U.S.C. § 921(a)(4); and firearms with overall length at least 26 inches approved for sale by ATF under 18 U.S.C. § 921(a)(3) and found by ATF not to be regulated under 26 U.S.C. § 5845(a) - the carve-out that reaches firearms like the Mossberg Shockwave that ATF has determined are neither short-barreled shotguns nor "any other weapons."

NFA-registered carve-out (§ 2923.17(C)(5))

The most important practical exception is the NFA registration carve-out. Owners of dangerous ordnance registered in the National Firearms Registration and Transfer Record under 26 U.S.C. § 5841 are exempt from § 2923.17(A). A federally registered Title II machine gun, SBR, SBS, destructive device, suppressor, or "any other weapon" lawfully held under 26 U.S.C. ch. 53 is lawful in Ohio. The carve-out is registration-keyed, not item-keyed. An unregistered DIAS, an unlawfully manufactured auto-sear, or a converted Glock with an aftermarket switch is unlawful in Ohio under § 2923.17(A) regardless of what its owner believes about it. A suppressor built on a Form 1 that has not yet been approved is unlawful pre-approval - possession before ATF stamps the Form 1 is § 2923.17(A) exposure.

Other § 2923.17(C) exceptions

Section 2923.17(C) also exempts: officers, members of the armed forces or organized militia, and law enforcement officers acting within scope of duty ((C)(1)); federal explosives licensees under 18 U.S.C. § 843 ((C)(2)); federal destructive-device dealers under 18 U.S.C. § 923 ((C)(3)); recipients of surplus ordnance from the Secretary of the Army ((C)(4)); carriers and warehouses ((C)(6)); holders of a § 2923.18 license or permit ((C)(7)); and owners of a federally registered firearm muffler or suppressor attached to a gun authorized for hunting under § 1533.16 and used under § 1533.04 ((C)(8)).

Grading. Violation of § 2923.17(A) is a felony of the fifth degree under § 2923.17(D). Violation of § 2923.17(B) (illegally manufacturing or processing explosives without a state fire-marshal license) is a felony of the second degree under § 2923.17(E).

§ 2923.20 Unlawful Transactions in Weapons

Section 2923.20 targets the transfer side of weapons offenses and reaches both licensed dealers and private sellers.

The (A)(3)-(A)(5) anti-straw-purchase provisions are felonies of the third degree - the same grade as § 2923.13 disability possession - and do not apply to a law-enforcement officer acting within scope of duty or to a person acting in accordance with directions given by such an officer (§ 2923.20(B)). The (A)(7) loss-or-theft reporting requirement is one of the few affirmative duties on lawful firearm owners under chapter 2923; the duty is "forthwith."

§ 2923.21 Improperly Furnishing Firearms to a Minor

Section 2923.21 is the adult-side furnishing prohibition. It bars: selling any firearm to a person under 18 ((A)(1)); selling any handgun to a person under 21 ((A)(2)); furnishing any firearm to a person under 18 or any handgun to a person under 21 ((A)(3)), except for lawful hunting, sporting, or educational purposes, including instruction in firearms or handgun safety, care, handling, or marksmanship under the supervision or control of a responsible adult - the supervised-instruction carve-out that is critical for instructors running youth firearm-safety classes; and selling, furnishing, or purchasing a firearm with the knowledge or intent that it will be resold or furnished to a minor in violation of (A)(1)-(A)(3) ((A)(4)-(A)(7)) - the straw-purchase-to-minor offense.

Subsections (A)(1) and (A)(2) do not apply (§ 2923.21(B)) when the buyer is: a person 18-20 who is a properly appointed or employed law enforcement officer with firearms training approved by the Ohio Peace Officer Training Council (or equivalent); or an active-duty member of the U.S. armed forces with firearms training meeting or exceeding the requirements at § 2923.125(G)(1). A violation of § 2923.21 is a felony of the fifth degree under § 2923.21(C).

§ 2923.211 Underage Purchase

Section 2923.211 is the buyer-side companion to § 2923.21. § 2923.211(A) bars any person under 18 from purchasing or attempting to purchase a firearm - violation is a delinquent act that would be a felony of the fourth degree if committed by an adult. § 2923.211(B) bars any person under 21 from purchasing or attempting to purchase a handgun - violation is a misdemeanor of the second degree. The (B) handgun bar does not apply to LEOs 18-20 with OPOTC-approved training, or to active/reserve U.S. armed forces or Ohio National Guard members (or honorably discharged veterans) with armed-forces or national-guard firearms training or equivalent.

The 18-to-20 handgun gap is real. Federal § 922(b)(1) bars FFLs from selling handguns to anyone under 21; Ohio § 2923.211(B) bars 18-to-20-year-olds from purchasing them (LEO/military carve-outs aside). The practical effect: an 18-to-20-year-old Ohio resident generally cannot acquire a handgun from any FFL. Long-gun purchases at 18+ remain lawful and are not barred by § 2923.211.

Federal § 922(g) Overlay

18 U.S.C. § 922(g) prohibits firearm or ammunition possession (and shipment, transport, and receipt in or affecting interstate commerce) by:

Four federal-overlay scenarios Ohio instructors see often:

1. Out-of-state felonies. § 2923.13(A)(2) and (A)(3) reach felony convictions under any jurisdiction; § 922(g)(1) reaches the same. A § 2923.14 relief grant does not lift § 922(g)(1) for an out-of-state or federal felony.
2. Marijuana users. Recreational and medical marijuana users (including Ohio medical marijuana program cardholders) are unlawful users under § 922(g)(3) regardless of state legalization. Ohio § 2923.13(A)(4) reaches drug dependency, which is narrower. A casual cannabis user may be federally barred without being state-barred.
3. MCDV. § 922(g)(9) bars anyone convicted of a misdemeanor crime of domestic violence under § 921(a)(33). A first-offense Ohio domestic violence conviction is generally a § 921(a)(33) MCDV. Ohio § 2923.13 does not directly bar MCDV-only misdemeanants, but federal § 922(g)(9) does, and the bar is permanent absent expungement, set-aside, pardon, or restoration of civil rights under § 921(a)(33).
4. Protective orders. Ohio § 2923.13 does not include a protective-order subcategory. Federal § 922(g)(8) operates independently and reaches qualifying intimate-partner civil protection orders (CPOs) issued under R.C. § 3113.31 or comparable statutes meeting the federal due-process and findings requirements. An Ohio CPO respondent not otherwise under § 2923.13 disability remains subject to § 922(g)(8) for the duration of the order.

CHL Eligibility and Restoration

PERMIT_BASICS walks through the CHL eligibility test at § 2923.125(D)(1). Several prongs map directly onto § 2923.13 disabilities and § 922(g) bars: no felony of violence indictment or conviction, no felony drug indictment or conviction, no § 922(g) federal disability, no mental-defective adjudication, no current domestic-violence CPO. A person prohibited under § 2923.13 will fail § 2923.125(D)(1) and cannot obtain or retain a CHL.

Ohio offers four practical paths out of a § 2923.13 disability: (1) § 2923.14 relief - the state-court petition described above, effective for Ohio convictions and (A)(4)/(A)(5) factor disabilities, but not reaching federal or out-of-state predicates for § 922(g)(1); (2) gubernatorial pardon - restores state firearm rights and generally lifts § 922(g)(1) under § 921(a)(20) unless the pardon expressly restricts firearms; (3) expungement or sealing - effect depends on the order's specific terms; and (4) federal § 925(c) relief - currently unfunded and unavailable to most applicants. A federal felony or federal MCDV requires federal restoration; an Ohio § 2923.14 grant or Governor's pardon does not lift a federal disability arising from a federal conviction.

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