April 1, 2025 | Gun Laws
Imagine going to buy a firearm in Ohio only to learn you’ve been denied after a routine background check. That denial might come from an old criminal charge, a clerical mistake, or another legal roadblock. Whatever the cause, it can feel frustrating—especially if you believe you’re eligible to own a gun. Fortunately, there are steps you can take to challenge this denial and possibly secure your right to own a firearm.
Below, we’ll break down the most common reasons for firearm denials, how you can appeal or correct them, and key tips for successfully restoring your gun rights in Ohio. Given the complexity of both state and federal regulations, it’s wise to consult an experienced attorney who understands Ohio’s gun laws and the legal appeals process.
Common Reasons for a Firearm Denial in Ohio
If you’re denied a firearm, it’s often because your background check shows something disqualifying under state or federal law. Common reasons include:
- Certain felony convictions: Individuals convicted of violent or drug crimes punishable by more than a year in prison generally aren’t allowed to own guns.
- Protective or restraining orders: Having an active protective order against you can also result in a firearm denial, depending on its terms.
- Clerical or identity errors: Sometimes, a simple mistake or data mix-up flags you incorrectly in the system.
Pinpointing why you were denied is crucial. Review any letters or documentation you received with the denial, and consider obtaining your court records to see if there’s an issue to correct.
Steps To Challenge the Denial
There are certain steps you can take to contest the denial, especially with help from a lawyer. These include:
- Request a written explanation: Under federal law, you can ask for the reason behind your denial in writing, often from the FBI’s National Instant Criminal Background Check System (NICS).
- Review your records: Once you know the reason, gather relevant court documents, expungement papers, or any evidence that shows you shouldn’t be disqualified. Make sure everything is up to date and accurate.
- File an appeal: For federal denials, you can submit an appeal through the FBI. If Ohio’s system initiated the denial, the state may have its own appeal procedures. Timeliness matters, so meet any appeal deadlines and follow instructions carefully.
- Consider expungement or record sealing: If you have a qualifying criminal record, getting it expunged (or sealed) can remove the disqualification. Not every offense is eligible, but if yours is, an expungement could restore your firearm rights under state law.
Your lawyer can evaluate the facts of your case and determine which of the above options are available to you.
Get Legal Help From an Ohio Criminal Defense Lawyer
Ohio’s firearm laws—and their interplay with federal regulations—can be confusing, especially if you have an old criminal conviction, a past restraining order, or a clerical error in your record. If you’ve been denied a firearm, don’t navigate this alone. An experienced Ohio criminal defense attorney can review your background, file the proper appeals or motions, and guide you through the process of restoring your gun rights if it’s legally possible.
By acting quickly and seeking professional advice, you give yourself the best chance of overturning a wrongful denial. Reach out to a skilled lawyer today for an initial consultation. With the right legal strategy, you can work toward protecting your rights and complying with all state and federal firearm requirements.
Contact the Cincinnati Criminal Defense Attorneys at Suhre & Associates DUI and Criminal Defense Lawyers For Help Today
For more information, contact the criminal defense attorneys at Suhre & Associates DUI and Criminal Defense Lawyers give us a call today at (513) 333-0014 or visit us at our Cincinnati Law Office.
Suhre & Associates DUI and Criminal Defense Lawyers – Cincinnati
600 Vine Street, Suite 1004
Cincinnati, OH 45202
United States
