
Headline: Ohio Supreme Court rules some with federal restrictions could have gun rights restored
The Ohio Supreme Court on June 2 ruled 6-1 that people who are federally prohibited from possessing firearms because of a prior criminal conviction could petition the state for restored gun rights.
According to NBC4i, the court found that a federal firearm prohibition does not automatically prevent a person from having state firearms rights reinstated, providing the state and federal prohibitions are the result of the same conviction.
From the article:
The case stems from Allen County, where Patrick Heffley was convicted of felony domestic violence in 2006, leading to a state and federal firearm prohibition, according to court documents.
Federal law bans citizens convicted of a crime punishable by a prison term exceeding one year from owning a firearm, and Ohio law bans those convicted of violent felonies from owning a firearm. Under federal law, a person’s firearms rights can be restored if the state restores them. …
The high court ultimately sided with Heffley. In a majority opinion, Justice Patrick DeWine explained that “otherwise” means “in a different way or manner.”
“In this case, Heffley’s state and federal firearms disabilities arise from a single state conviction – his 2006 domestic-violence conviction — which is the subject of his application for relief,” DeWine wrote. “Heffley has only one disabling conviction. He is not otherwise prohibited by law from having a firearm.”
Justice Jennifer Brunner, the court's only Democrat, was the only dissenter.
Read the full article at nbc4i.com.
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