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| To amend section 2923.14 of the Revised Code to | 1 |
| conform the restoration of civil firearm rights | 2 |
| with federal law and U.S. Supreme Court case law | 3 |
| and to allow restoration of civil firearm rights | 4 |
| for firearms that are dangerous ordnance. | 5 |
| Section 1. That section 2923.14 of the Revised Code be | 6 |
| amended to read as follows: | 7 |
| Sec. 2923.14. (A) Any person who, solely by reason of the | 8 |
| person's disability under division (A)(2) or (3) of section | 9 |
| 2923.13 of the Revised Code, is prohibited from acquiring, having, | 10 |
| carrying, or using firearms, may apply to the court of common | 11 |
| pleas in the county in which the person resides for relief from | 12 |
| such prohibition. | 13 |
| (B) The application shall recite the following: | 14 |
| (1) All indictments, convictions, or adjudications upon which | 15 |
| the applicant's disability is based, the sentence imposed and | 16 |
| served, and any release granted under a community control | 17 |
| sanction, post-release control sanction, or parole, any partial or | 18 |
| conditional pardon granted, or other disposition of each case; | 19 |
| (2) Facts showing the applicant to be a fit subject for | 20 |
| relief under this section. | 21 |
| (C) A copy of the application shall be served on the county | 22 |
| prosecutor. The county prosecutor shall cause the matter to be | 23 |
| investigated and shall raise before the court any objections to | 24 |
| granting relief that the investigation reveals. | 25 |
| (D) Upon hearing, the court may grant the applicant relief | 26 |
| pursuant to this section, if all of the following apply: | 27 |
| (1) The applicant has been fully discharged from | 28 |
| imprisonment, community control, post-release control, and parole, | 29 |
| or, if the applicant is under indictment, has been released on | 30 |
| bail or recognizance. | 31 |
| (2) The applicant has led a law-abiding life since discharge | 32 |
| or release, and appears likely to continue to do so. | 33 |
| (3) The applicant is not otherwise prohibited by law from | 34 |
| acquiring, having, or using firearms. | 35 |
| (E) Costs of the proceeding shall be charged as in other | 36 |
| civil cases, and taxed to the applicant. | 37 |
| (F) Relief from disability granted pursuant to this section | 38 |
| restores the applicant to all civil firearm rights to the full | 39 |
| extent enjoyed by any citizen, and is subject to the following | 40 |
| conditions: | 41 |
| (1) Applies only with respect to indictments, convictions, or | 42 |
| adjudications recited in the application; | 43 |
| (2) Applies only with respect to firearms lawfully acquired, | 44 |
| possessed, carried, or used by the applicant; | 45 |
| (3) | 46 |
| | 47 |
| shown and upon notice to the applicant; | 48 |
| | 49 |
| of any offense set forth in division (A)(2) or (3) of section | 50 |
| 2923.13 of the Revised Code, or upon the applicant's becoming one | 51 |
| of the class of persons named in division (A)(1), (4), or (5) of | 52 |
| that section. | 53 |
| (G) As used in this section: | 54 |
| (1) "Community control sanction" has the same meaning as in | 55 |
| section 2929.01 of the Revised Code. | 56 |
| (2) "Post-release control" and "post-release control | 57 |
| sanction" have the same meanings as in section 2967.01 of the | 58 |
| Revised Code. | 59 |
| Section 2. That existing section 2923.14 of the Revised Code | 60 |
| is hereby repealed. | 61 |
| Section 3. It is the intent of the General Assembly in | 62 |
| amending section 2923.14 of the Revised Code to apply the | 63 |
| amendments to that section retroactively to any restoration of | 64 |
| rights granted previously to any applicant under section 2923.14 | 65 |
| of the Revised Code or under any previous version of that section. | 66 |
| The General Assembly is explicitly making this amendment to | 67 |
| clarify that relief from a weapons disability granted under | 68 |
| section 2923.14 of the Revised Code restores a person's civil | 69 |
| firearm rights to such an extent that the uniform federal ban on | 70 |
| possessing any firearms at all, 18 U.S.C. 922(g)(1), does not | 71 |
| apply to that person, in correlation with the U.S. Supreme Court's | 72 |
| interpretation of 18 U.S.C. 921(a)(20) in Caron v. U.S. (1998), | 73 |
| 524 U.S. 308. | 74 |