Jump to content
Sign in to follow this  
Skippy4547

Owning a gun

Recommended Posts

The Texas statute for the crime of forgery is Texas Penal Code section 32.21. That crime may either be a misdemeanor offense or a felony offense depending on the details of the crime. Under federal law it is illegal for you to possess any firearm or firearm ammunition if you were convicted of a felony offense or a misdemeanor crime of domestic violence. 18 U.S.C. § 922(g). So if it was a felony crime, under federal law you are prohibited from possessing a firearm.

 

Ohio law only appears to prohibit felons convicted of violent offenses and persons convicted of a felony drug charge from possessing firearms. O.R.C. § 2923.13. It would therefore appear that a forgery charge, whether a felony or not, would not prevent you from possessing a gun under Ohio law.

 

You need to determine exactly what the conviction was for in Texas and whether it was a felony or misdemeanor charge. Then you may want to take that information to an Ohio attorney familiar with firearms rights to ensure you qualify to have a gun and what permits, etc., you might need before you go out and get one.

Share this post


Link to post
Share on other sites

Tax, if it's prohibited by federal law, the state can't override that.  CA law allows persons convicted of misdemeanor domestic violence to get gun rights back after 10 years.  Federal law prohibits it so they can't get a gun.  That's the supremacy clause at work.

Share this post


Link to post
Share on other sites
4 hours ago, LegalwriterOne said:

Tax, if it's prohibited by federal law, the state can't override that.  CA law allows persons convicted of misdemeanor domestic violence to get gun rights back after 10 years.  Federal law prohibits it so they can't get a gun.  That's the supremacy clause at work.

 

I'm well aware of that. But when considering one’s ability to possess a firearm, one must consider both federal and state law since while he may be allowed to possess under one of them it is possible that the other denies him the right to have a gun. Here, federal law would seem to be what may deny him a gun if the forgery conviction in Texas was a felony. If it was not a felony, then it appears he is not denied the right to own a gun under either federal or Ohio state law. Even then, he’d want to check with an attorney since it may be that local law might pose a problem for him and of course I don’t know in what city/county he resides.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...
Sign in to follow this  

×
×
  • Create New...