Posted on January 1, 2012
Ohio has no law:
• Prohibiting individuals convicted of domestic violence misdemeanors from purchasing or possessing firearms or ammunition, although federal law applies;
• Requiring the removal or surrender of firearms at the time a domestic violence protective order is issued.
When a court issues a domestic violence order of protection, Ohio law requires the court to provide the parties to the order with the following notice, orally or in a form:
As a result of this order or consent agreement, it may be unlawful for you to possess or purchase a firearm, including a rifle, pistol, or revolver, or ammunition pursuant to federal law under 18 U.S.C. 922(g)(8). If you have any questions whether this law makes it illegal for you to possess or purchase a firearm or ammunition, you should consult an attorney.”2
Ohio law requires a police officer who is responding to the scene of an alleged incident of domestic violence or a violation of a protection order to seize any weapon used, brandished, or threatened to be used in the incident.3 Seized firearms must be given permanently to law enforcement, sold at public auction or to a federally licensed firearms dealer, or destroyed.4
See our Domestic Violence and Firearms policy summary for a comprehensive discussion of this issue.
- As part of granting a domestic violence protection order or agreement, a court may grant any appropriate and equitable relief, but state law does not specify whether a firearm prohibition is permissible. See Ohio Rev. Code Ann. § 3113.31(E)(1)(h). [↩]
- Ohio Rev. Code Ann. §§ 2151.34(F)(2), 2903.214(F)(2), 3113.31(F)(2). [↩]
- Ohio Rev. Code Ann. § 2935.03(B)(3)(h). [↩]
- Ohio Rev. Code Ann. § 2981.12(A)(2). [↩]