Ohio gun laws have loosened considerably over the past few years, and a lot of people in Columbus and across Franklin County feel more confident about their firearm rights than ever before. That confidence is understandable. But in our experience working with clients facing weapons charges, that confidence sometimes leads people straight into federal court.
The gap between what Ohio permits and what federal law prohibits is wider than most gun owners realize. Understanding that gap matters, and if you are already facing charges, the overlap between state and federal law is exactly why you need to look at your situation through the lens of federal and state criminal charges simultaneously. Both systems can apply at the same time, and both carry serious consequences.
Ohio Opened the Door. Federal Law Did Not Move.
Since June 13, 2022, Ohio is a “permitless carry” state, meaning most adults 21 or older may carry a concealed handgun without a Concealed Handgun License, as long as they are not otherwise prohibited from possessing a firearm under state or federal law. That last clause is doing a lot of work, and it is the part people tend to gloss over.
Ohio relaxed its rules. Federal law did not. Ohio’s rules don’t exist in a vacuum. Federal law similarly prohibits certain persons from possessing firearms or ammunition. This dual system means that even if Ohio law provided a way around a restriction, a person could still face federal charges unless they fully comply with federal regulations.
So when someone in Columbus picks up a firearm they bought legally, from a licensed dealer, passed a background check, and walks out the door feeling fully within their rights, they may still be one traffic stop on I-270 away from a federal felony charge. The question is never just “did Ohio say I could do this?” The question is also “does federal law agree?”
What “Weapons Under Disability” Actually Means in Ohio
Ohio law uses the phrase “having weapons while under disability” to describe situations where a person is legally prohibited from possessing a firearm. Under Ohio law, unless relieved from disability under operation of law or legal process, no person shall knowingly acquire, have, carry, or use any firearm or dangerous ordnance if, among other things, the person is under indictment for or has been convicted of any felony offense of violence.
The following individuals are also prohibited from possessing firearms: fugitives from justice, people currently under indictment for a violent or drug-related felony, individuals who are considered drug-dependent or chronic alcoholics, and anyone who has been adjudicated as mentally incompetent or committed to a mental institution. That is a broader list than most people expect. Being under indictment, not convicted, can be enough to trigger a disability.
And the penalties are not minor. In Ohio, a convicted felon found to be in possession of a firearm can face a third-degree felony charge resulting in up to 36 months in prison and fines up to $10,000.
Federal Law Casts an Even Wider Net
Federal law goes further. Under federal law, anyone convicted of a crime punishable by imprisonment for a term exceeding one year cannot legally possess a firearm. That language sounds simple, but the implications are significant for Ohio residents.
Because federal law makes it illegal for an individual to possess a firearm when convicted of any crime punishable by a term of imprisonment exceeding one year, any criminal conviction in Ohio where the offense is more serious than a fifth-degree felony would constitute the federal disqualification. This essentially means any fourth-degree, third-degree, second-degree, or first-degree felony conviction for a criminal offense under Ohio law will trigger the federal disqualifier.
Federal law also reaches into misdemeanor territory in one specific area. Under federal law, people are generally prohibited from purchasing or possessing firearms if they have been convicted of a felony or some domestic violence misdemeanors, or if they are subject to certain court orders related to domestic violence or a serious mental condition. A misdemeanor domestic violence conviction, which might seem minor compared to a felony, can permanently eliminate a person’s right to possess a firearm under federal law.
The Constructive Possession Problem
Possession can be either actual or constructive. Constructive possession exists when an individual knowingly exercises dominion and control over an object. Courts look at access, proximity, and whether the person had any control over the space where the firearm was found. We have seen clients face serious charges in Franklin County and surrounding courts under exactly these circumstances.
Even accidental or unintentional possession of a firearm (like driving a car with a handgun in the glove compartment that you didn’t know about) can result in severe legal consequences, and ignorance of the law is not a valid defense. That is a hard reality, and it is one we share with clients early in our conversations.
Both Systems Can Prosecute You at the Same Time
The intersection of state and federal laws means that an individual could face prosecution in both state and federal court, leading to compounded legal consequences. Those are two entirely separate proceedings, with different prosecutors, different standards, and potentially different outcomes. Winning one does not automatically resolve the other.
Federal law forbids persons with felony convictions from buying, owning, using, or possessing firearms, ammunition, or explosives. Violation of these laws is a violation of probation, parole, or supervised release and could result in imprisonment and a new offense being filed against the person. So for someone already on supervision, a firearm charge does not just bring new charges. It can also revoke whatever release they currently have.
Restoring Rights Is Possible, But It Is Not Automatic
People sometimes assume that enough time passing will restore their gun rights. That is not how it works. Rights do not restore automatically over time. Ohio and federal law do not have an automatic time-based restoration of gun rights. Formal legal action is required.
Any person who 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. That process involves a petition, potentially a hearing, and judicial review. It is not guaranteed, and certain prior convictions may make a person ineligible for that relief entirely.
More precisely, even a successful state-level expungement does not automatically resolve the federal side of the equation. If the court grants an expungement, the conviction is sealed and the individual’s firearm rights may be restored. However, federal law may still impose restrictions, and it is essential to ensure that expungement will allow for lawful firearm possession under both state and federal law.
What People in Columbus Need to Understand Right Now
Ohio’s permitless carry law made gun ownership feel more accessible. And for many qualifying adults, it is. But while permitless carry expanded gun rights, it also increased the risk of unintentional violations. The law removed a permit requirement. It did not remove the underlying prohibitions that apply to people with certain criminal histories.
Even under permitless carry, certain individuals are still prohibited from possessing or carrying firearms. Being found in possession of a firearm under prohibited circumstances is a felony offense, regardless of whether the person believed they were exercising legal permitless carry rights.
