SB 98

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  1
  Revised Code to prohibit a person who is charged        2
  with or has been convicted of first degree  3
  misdemeanor domestic violence from possessing a  4
  firearm or dangerous ordnance.  5
 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
     Section 1. That sections 2923.13 and 2923.14 of the  6
Revised Code be amended to read as follows:  7
     Sec. 2923.13. (A) Unless relieved from disability under  8
operation of law or legal process, no person shall knowingly  9
acquire, have, carry, or use any firearm or dangerous ordnance,  10
if any of the following apply:  11
     (1) The person is a fugitive from justice.  12
     (2) The person is under indictment for or has been  13
convicted of any felony offense of violence or has been  14
adjudicated a delinquent child for the commission of an offense  15
that, if committed by an adult, would have been a felony offense  16
of violence.  17
     (3) The person is under indictment for or has been  18
S. B. No. 98  Page 2
As Introduced
convicted of any felony offense involving the illegal  19
possession, use, sale, administration, distribution, or  20
trafficking in any drug of abuse or has been adjudicated a  21
delinquent child for the commission of an offense that, if  22
committed by an adult, would have been a felony offense  23
involving the illegal possession, use, sale, administration,  24
distribution, or trafficking in any drug of abuse.  25
       (4) The person has a drug dependency, is in danger of drug  26
dependence, or has chronic alcoholism.  27
       (5) The person is under adjudication of mental  28
incompetence, has been committed to a mental institution, has  29
been found by a court to be a person with a mental illness  30
subject to court order, or is an involuntary patient other than  31
one who is a patient only for purposes of observation. As used  32
in this division, "person with a mental illness subject to court  33
order" and "patient" have the same meanings as in section  34
5122.01 of the Revised Code.  35
       (6) The person is charged with or has been convicted of a  36
violation of section 2919.25 of the Revised Code that is a  37
misdemeanor of the first degree.  38
       (B) Whoever violates this section is guilty of having  39
weapons while under disability, a felony of the third degree.  40
       (C) For the purposes of this section, "under operation of  41
law or legal process" shall not itself include mere completion,  42
termination, or expiration of a sentence imposed as a result of  43
a criminal conviction.  44
       Sec. 2923.14. (A)(1) Except as otherwise provided in  45
division (A)(2) of this section, any person who is prohibited  46
from acquiring, having, carrying, or using firearms may apply to  47
S. B. No. 98  Page 3
As Introduced
the court of common pleas in the county in which the person  48
resides for relief from such prohibition.  49
       (2) Division (A)(1) of this section does not apply to a  50
person who has been convicted of or pleaded guilty to a  51
violation of section 2923.132 of the Revised Code or to a person  52
who, two or more times, has been convicted of or pleaded guilty  53
to a felony and a specification of the type described in section  54
2941.141, 2941.144, 2941.145, 2941.146, 2941.1412, or 2941.1424  55
of the Revised Code.  56
       (B) The application shall recite the following:  57
       (1) All indictments, convictions, or adjudications upon  58
which the applicant's disability is based, the sentence imposed  59
and served, and any release granted under a community control  60
sanction, post-release control sanction, or parole, any partial  61
or conditional pardon granted, or other disposition of each  62
case, or, if the disability is based upon a factor other than an  63
indictment, a conviction, or an adjudication, the factor upon  64
which the disability is based and all details related to that  65
factor;  66
       (2) Facts showing the applicant to be a fit subject for  67
relief under this section.  68
       (C) A copy of the application shall be served on the  69
county prosecutor. The county prosecutor shall cause the matter  70
to be investigated and shall raise before the court any  71
objections to granting relief that the investigation reveals.  72
       (D) Upon hearing, the court may grant the applicant relief  73
pursuant to this section, if all of the following apply:  74
       (1) One of the following applies:  75
S. B. No. 98  Page 4
As Introduced
       (a) If the disability is based upon an indictment, a  76
conviction, or an adjudication, the applicant has been fully  77
discharged from imprisonment, community control, post-release  78
control, and parole, or, if the applicant is under indictment,  79
has been released on bail or recognizance.  80
       (b) If the disability is based upon a factor other than an  81
indictment, a conviction, or an adjudication, that factor no  82
longer is applicable to the applicant.  83
       (2) The applicant has led a law-abiding life since  84
discharge or release, and appears likely to continue to do so.  85
       (3) The applicant is not otherwise prohibited by law from  86
acquiring, having, or using firearms.  87
       (E) Costs of the proceeding shall be charged as in other  88
civil cases, and taxed to the applicant.  89
       (F) Relief from disability granted pursuant to this  90
section restores the applicant to all civil firearm rights to  91
the full extent enjoyed by any citizen, and is subject to the  92
following conditions:  93
       (1) Applies only with respect to indictments, convictions,  94
or adjudications, or to the other factor, recited in the  95
application as the basis for the applicant's disability;  96
       (2) Applies only with respect to firearms lawfully  97
acquired, possessed, carried, or used by the applicant;  98
       (3) May be revoked by the court at any time for good cause  99
shown and upon notice to the applicant;  100
       (4) Is automatically void upon commission by the applicant  101
of any offense set forth in division (A)(2) or, (3), or (6) of  102
section 2923.13 of the Revised Code, or upon the applicant's  103
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As Introduced
becoming one of the class of persons named in division (A)(1),  104
(4), or (5) of that section.  105
       (G) As used in this section:  106
       (1) "Community control sanction" has the same meaning as  107
in section 2929.01 of the Revised Code.  108
       (2) "Post-release control" and "post-release control  109
sanction" have the same meanings as in section 2967.01 of the  110
Revised Code.  111
       Section 2. That existing sections 2923.13 and 2923.14 of  112
the Revised Code are hereby repealed.  113