A conviction for a number of Ohio misdemeanors can affect your ability to get or keep your a concealed carry license (concealed holder / CCW) in Ohio and/or your ability to own a firearm (R.C. 2923.125 & R.C. 2923.128).
Felonies will also affect your ability to obtain a CCW or to own a firearm, but this post addresses exclusively misdemeanors that will affect your firearm rights.
Offenses that Will Prevent You from Owning a Firearm and/or From Obtaining an Ohio CCW
Marijuana Possession / Paraphernalia Conviction
A marijuana possession or paraphernalia conviction in Ohio may prevent you from obtaining an Ohio CCW.
- A pending misdemeanor drug charge under R.C. 2925 that involves a drug of abuse (including marijuana) will prevent you from obtaining an Ohio CCW.
- A M1-M4 misdemeanor drug conviction under R.C. 2925 (including marijuana) will prevent you from obtaining an Ohio CCW.
- A minor misdemeanor marijuana conviction will not prevent you from obtaining an Ohio CCW.
Domestic Violence (R.C. 2919.25)
Federal law prohibits anyone with a domestic violence conviction from owning a firearm.
- Fourth degree misdemeanor (M4) domestic violence means causing a family/household member to believe that the offender will cause imminent physical harm. An M4 domestic violence charge is expungeable in Ohio.
- First degree misdemeanor (M1) domestic violence means knowingly causing or attempting to cause physical harm to a family harm or recklessly causing serious harm. An M1 domestic violence charge is not expungeable in Ohio.
- Note that if you were charged with domestic violence and it was reduced to a disorderly conduct plea involving some threat of harm or violence (e.g. R.C. 2917.11(A)(1)), you may still face a federal weapons disability even if the disorderly conduct charge was expunged.
Misdemeanor Offense of Violence
Being convicted of or charged with certain “offenses of violence” will prevent you from obtaining a CCW in Ohio. Being convicted of attempt or conspiracy to commit one of the below offenses of violence will also bar you from obtaining a CCW in Ohio.
A misdemeanor offense of violence is any offense (other than traffic) committed purposely or knowingly involving physical harm to someone or a risk of serious physical harm to someone.
If you are convicted of any offense of violence, you are barred from obtaining an Ohio CCW for 3 years following the conviction.
Examples of offenses of violence that can prevent you from obtaining an Ohio CCW for 3 years include:
Assault (R.C. 2903.13) (when victim is not a peace officer)
Menacing (R.C. 2903.22)
Child Endangerment (R.C. 2919.22(B)(1))
- Misdemeanor (M1) child endangerment under (B)(1) is child abuse in which the defendant has never before been convicted of child and abuse and the child is not seriously injured. Conviction of misdemeanor child endangerment can prevent you from obtaining an Ohio CCW unless the charge is expunged.
Negligent Assault (2903.14)
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If you have a pending negligent assault charge, you are barred from obtaining an Ohio CCW. A conviction, however, will not affect your ability to obtain a CCW.
Resisting Arrest (R.C. 2903.13)
If you have been convicted of resisting arrest, you are barred from obtaining an Ohio CWW for 10 years after the date of the conviction.
Assault (R.C. 2903.13) Where Victim is a Peace Officer
If you have been convicted of assault where the victim was a police officer or other peace officer, you are barred from obtaining an Ohio CWW for 10 years after the date of the conviction.
If you have any pending misdemeanors or misdemeanor convictions in Columbus and are concerned about how the charge / conviction affects your firearm rights, talk to one of our Columbus attorneys. We can advise you on your options and whether you are eligible for expungement of the particular disqualifying misdemeanor convictions. We can be reached at (614) 361-2804.
