Ohio Supreme Court Says Federal Gun Ban Does Not Automatically Block State Rights Restoration

The Ohio Supreme Court has ruled that a federal firearms prohibition does not automatically prevent an Ohio trial court from considering whether to restore a person’s state firearm rights.

In a 6 to 1 decision, the Court affirmed a Third District Court of Appeals ruling involving Patrick Heffley of Allen County.

Heffley was convicted of domestic violence in 2006. That conviction led to both a state and federal prohibition on possessing firearms.

Heffley filed an application in 2023 in common pleas court to have his firearm disability removed. The trial court denied the request, finding that Heffley was still prohibited under federal law.

The Third District Court of Appeals sided with Heffley, finding that because the state and federal firearm restrictions came from the same conviction, the federal restriction did not prevent the trial court from considering his application.

The Ohio Supreme Court agreed.

Writing for the majority, Justice R. Patrick DeWine said Heffley was not “otherwise prohibited by law” from possessing a firearm because both prohibitions came from the same conviction.

The Court said a trial court may consider restoring state firearm rights if the federal restriction is based only on the same state conviction. However, the decision does not automatically restore Heffley’s gun rights.

The case now returns to the trial court for further proceedings. The trial court still has discretion to decide whether Heffley meets the legal requirements for restoration, including whether he has led a law abiding life since his release and appears likely to continue doing so.

Justice Jennifer Brunner dissented. She argued the federal ban should still count as a separate legal prohibition under Ohio law and should block the restoration request unless removed first.