I am a victim of domestic violence and the abuser has a gun. Is that legal?
Ohio state law says that a person cannot have or buy a gun if s/he:
- is under 18 years of age –or under 21 for a handgun– but there are certain exceptions for military and law enforcement officers;1
- is a fugitive from justice;
- has been indicted or convicted of any felony drug offense, or has been found to have committed such an offense as a minor;
- has a drug dependency, is in danger of drug dependency, or has chronic alcoholism;
- has been committed to a mental institution or has otherwise been found to be a person with mental illness or incompetent by a court;2
- is a violent career criminal, meaning s/he has been convicted of two or more unrelated violent felonies in the prior eight years;3 or
- has been indicted or convicted of one of the following “violent felonies,” or has been found to have committed such an offense as a minor:
- aggravated murder;
- murder;
- voluntary manslaughter;
- involuntary manslaughter;
- felonious assault;
- aggravated assault;
- kidnapping;
- abduction;
- making terroristic threat;
- robbery;
- aggravated robbery;
- has been indicted or convicted of one of the following crimes but only as a felony, not as a misdemeanor, or has been found to have committed such an offense as a minor:
- burglary;
- rape;
- sexual battery;
- unlawful sexual conduct with minor;
- gross sexual imposition;
- terrorism;
- domestic violence.4
Additionally, a judge in Ohio can include gun restrictions as part of a protection order. The law allows a judge to order any relief that is “equitable and fair” to protect the victim of abuse.5 If the judge includes gun restrictions in your temporary or final protection order, then it may be unlawful for the abuser to have or buy a gun. You can read more in the Guns and Protective Orders section.
If any of these situations apply to the abuser, it may be illegal for him/her to have a gun. Also, federal laws, which apply to all states, may restrict an abuser’s right to have a gun. Go to Federal Gun Laws to get more information.
1 Ohio Rev. Code § 2923.211(A)-(B)
2 Ohio Rev. Code § 2923.13(A)
3 Ohio Rev. Code § 2923.132
4 Ohio Rev. Code § 2923.132(A)(2)
5 Ohio Rev. Code § 3113.31(E)(1)(h)




