Chicago, IL asked in Criminal Law and Civil Rights for Ohio

Q: Can I own a gun with a sealed record

I was convicted of a felony 5 complicity to breaking and entering 20 years ago I have had my record sealed do you know if I can own a gun

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2 Lawyer Answers
Hunter G. Cavell
Hunter G. Cavell

A: I may have answered your question before, suggesting that you seal your record. I would simply call a criminal attorney near you and ask. They will know the requirements.

Matthew Williams
Matthew Williams
  • Criminal Law Lawyer
  • Cleveland, OH
  • Licensed in Ohio

A: Assuming it was an Ohio felony 5 (your location says Chicago, IL), then yes, you can legally own a gun. But you may have trouble getting that through to a seller. Ohio law prohibits a person from possessing a firearm if he or she has been convicted of a felony drug offense, or a felony offense of violence. The B section "breaking and entering" in the burglary statute is not a crime of violence though the A section "burglary" is. So, you are not prohibited from possession by Ohio law. Federal law prohibits any person who has been convicted of an offense punishable by more than a year in prison, or a misdemeanor offense of domestic violence from possessing a firearm. Ohio F5s are punishable by up to, not more than, one year. The Ohio F5 may well be the only felony in the country, however, that is not punishable by more than one year, which is why the conventional wisdom is always "felons" cannot posses firearms.

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