Expert: n/a - 12/1/2008

Question
QUESTION: I'm from Ohio, I was arrested for domestic violence and charged with assault, 5th degre mis, 8-12-03  I took that plea because I had no money for a lawyer and to avoid family embarrassment.  I did everything I was order from the court. I later I was charged with a DUI, 11-24-04,I did everything I was ordered to do. It has been just over five years since the the assault. I also talked to the assist prosecutor and she said there would be no problems with gun ownership, that was why I pleaded to assault.  Well 2 years ago NICS delayed me and said I could not buy a shotgun.  I tried to have it expunged and the court said that I had the DUI and could not get it expunged. I want to hunt with a gun like I have ever since I was about 14 years old.  What if i was still in the Navy, I had to carry a weapon at times then.  I am confused, and upset.

ANSWER: Domestic violence convictions are a definate restriction on firearms even if you was in the Military.  That law was made by the Federal Gov't not the State.  I just got out of the Army this April, 08 they are strict with the domestic violence and no firearms regulations it's the law.  You have to get restoration of rights with no restrictons for both the DUI and the Domestic Violence case.  Never listen to the prosecutor this is the second time I'm hearing someone say they have a domestic violence case and someone told them it won't prevent them from owning a firearm. That is false information you will never pass the NICS check with that conviction until you get full restoration of rights and a firearm permit.  Ohio recognizes full restoration of rights for firearms.

GOOD LUCK

---------- FOLLOW-UP ----------

QUESTION: Well my question is that, I was actually charged with ASSAULT, The assit prosecutor said by pleading to that I would still have my weapons right. I just want to hunt again, can I with a firearm?

Answer
You was charged with assault against a family member that is considered domestic violence so if it was a felony or misdemeanor you are banned from firearms until you get full restoration of rights and obtain a firearm permit.  There is no way around it they are very strict with domestic cases now a days.  I don't know who this prosecutor is but he sold you a lie when he said your firearm rights was not taken away.  You will not pass a NICS check anywhere in this country until you get restoration of rights. If you are caught with a firearm you will be charged with posession of an illegal firearm by a convicted felon or domestic violence conviction.  You will be violating a Federal law.  It's not that hard to get restoration of rights especially if it's a misdemeanor.

Good Luck