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As Introduced
136th
General Assembly
Regular
Session
S. B. No. 98
2025-2026
Senators Craig, Weinstein
A
BILL
To
amend sections 2923.13 and 2923.14 of the Revised Code
to
prohibit a person who is charged with or has been convicted of first
degree misdemeanor domestic violence from possessing a firearm or
dangerous ordnance.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections 2923.13 and 2923.14 of the Revised Code be amended to read
as follows:
Sec.
2923.13.
(A)
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 any of the following apply:
(1)
The person is a fugitive from justice.
(2)
The person is under indictment for or has been convicted of any
felony offense of violence or has been adjudicated a delinquent child
for the commission of an offense that, if committed by an adult,
would have been a felony offense of violence.
(3)
The person is under indictment for or has been convicted of any
felony offense involving the illegal possession, use, sale,
administration, distribution, or trafficking in any drug of abuse or
has been adjudicated a delinquent child for the commission of an
offense that, if committed by an adult, would have been a felony
offense involving the illegal possession, use, sale, administration,
distribution, or trafficking in any drug of abuse.
(4)
The person has a drug dependency, is in danger of drug dependence, or
has chronic alcoholism.
(5)
The person is under adjudication of mental incompetence, has been
committed to a mental institution, has been found by a court to be a
person with a mental illness subject to court order, or is an
involuntary patient other than one who is a patient only for purposes
of observation. As used in this division, "person with a mental
illness subject to court order" and "patient" have the
same meanings as in section 5122.01 of the Revised Code.
(6)
The person is charged with or has been convicted of a violation of
section 2919.25 of the Revised Code that is a misdemeanor of the
first degree.
(B)
Whoever violates this section is guilty of having weapons while under
disability, a felony of the third degree.
(C)
For the purposes of this section, "under operation of law or
legal process" shall not itself include mere completion,
termination, or expiration of a sentence imposed as a result of a
criminal conviction.
Sec.
2923.14.
(A)(1)
Except as otherwise provided in division (A)(2) of this section, 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.
(2)
Division (A)(1) of this section does not apply to a person who has
been convicted of or pleaded guilty to a violation of section
2923.132 of the Revised Code or to a person who, two or more times,
has been convicted of or pleaded guilty to a felony and a
specification of the type described in section 2941.141, 2941.144,
2941.145, 2941.146, 2941.1412, or 2941.1424 of the Revised Code.
(B)
The application shall recite the following:
(1)
All indictments, convictions, or adjudications upon which the
applicant's disability is based, the sentence imposed and served, and
any release granted under a community control sanction, post-release
control sanction, or parole, any partial or conditional pardon
granted, or other disposition of each case, or, if the disability is
based upon a factor other than an indictment, a conviction, or an
adjudication, the factor upon which the disability is based and all
details related to that factor;
(2)
Facts showing the applicant to be a fit subject for relief under this
section.
(C)
A copy of the application shall be served on the county prosecutor.
The county prosecutor shall cause the matter to be investigated and
shall raise before the court any objections to granting relief that
the investigation reveals.
(D)
Upon hearing, the court may grant the applicant relief pursuant to
this section, if all of the following apply:
(1)
One of the following applies:
(a)
If the disability is based upon an indictment, a conviction, or an
adjudication, the applicant has been fully discharged from
imprisonment, community control, post-release control, and parole,
or, if the applicant is under indictment, has been released on bail
or recognizance.
(b)
If the disability is based upon a factor other than an indictment, a
conviction, or an adjudication, that factor no longer is applicable
to the applicant.
(2)
The applicant has led a law-abiding life since discharge or release,
and appears likely to continue to do so.
(3)
The applicant is not otherwise prohibited by law from acquiring,
having, or using firearms.
(E)
Costs of the proceeding shall be charged as in other civil cases, and
taxed to the applicant.
(F)
Relief from disability granted pursuant to this section restores the
applicant to all civil firearm rights to the full extent enjoyed by
any citizen, and is subject to the following conditions:
(1)
Applies only with respect to indictments, convictions, or
adjudications, or to the other factor, recited in the application as
the basis for the applicant's disability;
(2)
Applies only with respect to firearms lawfully acquired, possessed,
carried, or used by the applicant;
(3)
May be revoked by the court at any time for good cause shown and upon
notice to the applicant;
(4)
Is automatically void upon commission by the applicant of any offense
set forth in division (A)(2)
or
,
(3)
,
or (6)
of section 2923.13 of the Revised Code, or upon the applicant's
becoming one of the class of persons named in division (A)(1), (4),
or (5) of that section.
(G)
As used in this section:
(1)
"Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.
(2)
"Post-release control" and "post-release control
sanction" have the same meanings as in section 2967.01 of the
Revised Code.
Section
2.
That
existing sections 2923.13 and 2923.14 of the Revised Code are hereby
repealed.