Expert: Dan Haynes - 11/17/2011

Question
I have a felony conviction for Failure to Pay Child Support in Ohio. It is a 5th degree felony, meaning the maximum sentence is 1 year. I have completed everything (years ago!). I am unable to get a definitive answer as to if I am under Federal disability for firearms or not. The Missouri (where I am now) Attorney General said that for CCW purposes, they only count the normal violent crimes and anything with a sentence of over 1 year, so I am good since an Ohio 5th Degree is a max of 1 year. I am just concerned as to whether a felony with a max sentence of 1 year is a disability on the Federal level, since it is a felony, after all.

Is there any way for me to tell if I am under disability? I would hate to get the training and try for a CCW and find out I am committing a crime.

Answer
Mark,

Thanks for asking. Under federal law a felony prohibits owning firearms. The nature of your felony makes it a good candidate for pardon or record expungement. This would require legal assistance however if you really want your CCW then it would be in your interest to pursue it.

Best regards,

Dan