2006 Ohio Revised Code - 2923.14. Relief from disability.

§ 2923.14. Relief from disability.
 

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

(B)  The application shall recite the following: 

(1) All indictments, convictions, or adjudications upon which the applicant's disability is based, the sentence imposed and served, and any release granted under a community control sanction, post-release control sanction, or parole, any partial or conditional pardon granted, or other disposition of each case; 

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

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

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

(1) The applicant has been fully discharged from imprisonment, community control, post-release control, and parole, or, if the applicant is under indictment, has been released on bail or recognizance. 

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

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

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

(F)  Relief from disability granted pursuant to this section: 

(1) Applies only with respect to indictments, convictions, or adjudications recited in the application; 

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

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

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

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

(G)  As used in this section: 

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

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

HISTORY: 134 v H 511. Eff 1-1-74; 149 v H 490, § 1, eff. 1-1-04.
 

The effective date is set by section 4 of HB 490. 

Not analogous to former RC § 2923.14 (GC § 13421-25; 108 v PtI, 189; Bureau of Code Revision, 10-1-53; 126 v 575), repealed 134 v H 511, § 2, eff 1-1-74.

Analogous to former RC § 2923.56 (133 v H 484), repealed 134 v H 511, § 2, eff 1-1-74.

 

Effect of Amendments

H.B. 490, Acts 2002, effective January 1, 2004, in (A), substituted "the person's disability" for "his disability" and "county in which the person resides" for "county in which he resides"; in (B)(1), substituted "any release granted under a community control sanction, post-release control sanction, or parole" for "probation" and substituted "any partial or conditional pardon grant" for "or partial or conditional pardon grant"; made minor stylistic changes in (C); in (D), substituted "community control, post-release control" for "probation" and substituted "the applicant" for "he"; in (F)(5), substituted "any offense set forth in" for "any offense embraced by" and "that section" for "such section"; and added (G). 

 

19xx Committee Report or Comment.

1974 Committee Comment to H 511

This section provides a procedure whereby a person otherwise prohibited from having firearms or dangerous ordnance under section 2923.13 may secure partial relief from such disability, based on his good behavior. If an application for relief is granted by the common pleas court, the applicant may lawfully acquire, have, carry, and use firearms, but not dangerous ordnance.