SB 98: Prohibit firearm possession - certain domestic violence offenses
The bill aims to prohibit individuals who have been charged or convicted of first-degree misdemeanor domestic violence from possessing firearms or dangerous ordnance. These individuals include those with a history of violence, drug addiction, mental health issues, or have been convicted of certain misdemeanors. To address this, the bill establishes a process for these individuals to apply to the court for relief from their disability, which can be granted if they have led a law-abiding life, are not prohibited from acquiring firearms by law, and have completed their sentence. The relief granted is subject to certain conditions, including only applying to indictments, convictions, or adjudications, and being automatically void if the individual commits certain offenses or becomes a prohibited person.
| Feb. 12, 2025 | Referred to committee: Judiciary |
| Feb. 10, 2025 | Introduced |
As Introduced
136th General Assembly Regular Session 2025-2026
S. B. No. 98
Senators Craig, Weinstein
A B I L L
To amend sections 2923.13 and 2923.14 of the 1
Revised Code to prohibit a person who is charged 2
with or has been convicted of first degree 3
misdemeanor domestic violence from possessing a 4
firearm or dangerous ordnance. 5
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2923.13 and 2923.14 of the 6
Revised Code be amended to read as follows: 7
Sec. 2923.13. (A) Unless relieved from disability under 8
operation of law or legal process, no person shall knowingly 9
acquire, have, carry, or use any firearm or dangerous ordnance, 10
if any of the following apply: 11
(1) The person is a fugitive from justice. 12
(2) The person is under indictment for or has been 13
convicted of any felony offense of violence or has been 14
adjudicated a delinquent child for the commission of an offense 15
that, if committed by an adult, would have been a felony offense 16
of violence. 17
he person is under indictment for or has been 18
S. B. No. 98 As Introduced
convicted of any felony offense involving the illegal 19
possession, use, sale, administration, distribution, or 20
trafficking in any drug of abuse or has been adjudicated a 21
delinquent child for the commission of an offense that, if 22
committed by an adult, would have been a felony offense 23
involving the illegal possession, use, sale, administration, 24
distribution, or trafficking in any drug of abuse. 25
(4) The person has a drug dependency, is in danger of drug 26
dependence, or has chronic alcoholism. 27
(5) The person is under adjudication of mental 28
incompetence, has been committed to a mental institution, has 29
been found by a court to be a person with a mental illness 30
subject to court order, or is an involuntary patient other than 31
one who is a patient only for purposes of observation. As used 32
in this division, "person with a mental illness subject to court 33
order" and "patient" have the same meanings as in section 34
5122.01 of the Revised Code. 35
(6) The person is charged with or has been convicted of a 36
violation of section 2919.25 of the Revised Code that is a 37
misdemeanor of the first degree. 38
(B) Whoever violates this section is guilty of having 39
weapons while under disability, a felony of the third degree. 40
(C) For the purposes of this section, "under operation of 41
law or legal process" shall not itself include mere completion, 42
termination, or expiration of a sentence imposed as a result of 43
a criminal conviction. 44
Sec. 2923.14. (A)(1) Except as otherwise provided in 45
division (A)(2) of this section, any person who is prohibited 46
from acquiring, having, carrying, or using firearms may apply to 47
S. B. No. 98 As Introduced
the court of common pleas in the county in which the person 48
resides for relief from such prohibition. 49
(2) Division (A)(1) of this section does not apply to a 50
person who has been convicted of or pleaded guilty to a 51
violation of section 2923.132 of the Revised Code or to a person 52
who, two or more times, has been convicted of or pleaded guilty 53
to a felony and a specification of the type described in section 54
2941.141, 2941.144, 2941.145, 2941.146, 2941.1412, or 2941.1424 55
of the Revised Code. 56
(B) The application shall recite the following: 57
(1) All indictments, convictions, or adjudications upon 58
which the applicant's disability is based, the sentence imposed 59
and served, and any release granted under a community control 60
sanction, post-release control sanction, or parole, any partial 61
or conditional pardon granted, or other disposition of each 62
case, or, if the disability is based upon a factor other than an 63
indictment, a conviction, or an adjudication, the factor upon 64
which the disability is based and all details related to that 65
factor; 66
(2) Facts showing the applicant to be a fit subject for 67
relief under this section. 68
(C) A copy of the application shall be served on the 69
county prosecutor. The county prosecutor shall cause the matter 70
to be investigated and shall raise before the court any 71
objections to granting relief that the investigation reveals. 72
(D) Upon hearing, the court may grant the applicant relief 73
pursuant to this section, if all of the following apply: 74
(1) One of the following applies: 75
S. B. No. 98 As Introduced
(a) If the disability is based upon an indictment, a 76
conviction, or an adjudication, the applicant has been fully 77
discharged from imprisonment, community control, post-release 78
control, and parole, or, if the applicant is under indictment, 79
has been released on bail or recognizance. 80
(b) If the disability is based upon a factor other than an 81
indictment, a conviction, or an adjudication, that factor no 82
longer is applicable to the applicant. 83
(2) The applicant has led a law-abiding life since 84
discharge or release, and appears likely to continue to do so. 85
(3) The applicant is not otherwise prohibited by law from 86
acquiring, having, or using firearms. 87
(E) Costs of the proceeding shall be charged as in other 88
civil cases, and taxed to the applicant. 89
(F) Relief from disability granted pursuant to this 90
section restores the applicant to all civil firearm rights to 91
the full extent enjoyed by any citizen, and is subject to the 92
following conditions: 93
(1) Applies only with respect to indictments, convictions, 94
or adjudications, or to the other factor, recited in the 95
application as the basis for the applicant's disability; 96
(2) Applies only with respect to firearms lawfully 97
acquired, possessed, carried, or used by the applicant; 98
(3) May be revoked by the court at any time for good cause 99
shown and upon notice to the applicant; 100
(4) Is automatically void upon commission by the applicant 101
of any offense set forth in division (A) $(2)\to\mathtt{e x}_{\underline{{\imath}}}$ (3), or (6) of 102
section 2923.13 of the Revised Code, or upon the applicant's 103
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becoming one of the class of persons named in division (A)(1), 104
(4), or (5) of that section. 105
(G) As used in this section: 106
(1) "Community control sanction" has the same meaning as 107
in section 2929.01 of the Revised Code. 108
(2) "Post-release control" and "post-release control 109
sanction" have the same meanings as in section 2967.01 of the 110
Revised Code. 111
Section 2. That existing sections 2923.13 and 2923.14 of 112
the Revised Code are hereby repealed. 113