Post-Trial Motions
Motion for Relief from Weapons Disability
Pursuant to R.C. 2923.13, anyone indicted for or convicted of a felony drug offense or offense of violence is “disabled” from possessing a firearm or ammunition. However, a petition filed under R.C. § 2923.14 may restore Second Amendment Rights. Ohio law allows those under disability to petition the court for relief from the disability. The petitioner must be fully discharged from all post-release control and community supervision and the motion must sufficiently prove the petitioner is a rehabilitated, law-abiding citizen who is fit for relief. If successful, the prohibition preventing weapon ownership and possession is lifted and the petitioner’s Second Amendment Rights are restored.