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Ohio Domestic Violence

Firearms are prohibited


Plea bargains to a non-domestic still

carry the prohibition against weapons

INCLUDING DISORDERLY CONDUCT


Pursuant to the United States 2009 Supreme Court case United States v. Hayes (available here), any reduction from a charge of domestic violence to disorderly conduct, assault or any other crime prohibits the defendant from ever possessing a weapon.  You cannot be a police officer.  You cannot hunt.  You can't own a gun for personal protection.

Plea Bargains

It has been suggested that if the original offense was dismissed, a new offense can then be made which does not include domestic violence.

IF

1.  If the new charge has as an element the use or attempted use of physical force, or the threatened use of a deadly weapon.

AND

2.  If the new charge was committed by a person who has a specified domestic relationship with the victim.

THEN

It does not matter that the original domestic violence charge is dismissed and another, non-domestic offense is later charged.  The facts upon which the new charge are based have in them the element of domestic violence.

WHAT ABOUT DISORDERLY CONDUCT?

This has resulted in numerous courts stating that a conviction of disorderly conduct is a predicate offense and imposes a prohibition against having a weapon.


That being said ...

we have a 2012 case from our United States Sixth Circuit Court of Appeals

In United States v. Castleman, the Sixth Circuit Court of Appeals determined that a Tennessee domestic violence statute did not impose a federal firearms disqualification.  The court said that because it is possible for any amount of harm, including trivial harm, to trigger the Tennessee statute, that Tennessee domestic violence statute did not rise to the level of harm that the federal disqualification requires.  It appears that the Ohio law is like the Tennessee law.  Any harm, however slight, defines violence.  Hence the Ohio law is likely not a disqualifier.

Maybe.

Know that if a law enforcement agency decides your Ohio domestic violence conviction is a disqualifier and charges you, you have a good argument at least to the federal disqualifier.  However, your defense will be costly and likely require a second costly appeal.

 

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