By Larry W. Zukerman, Esq. and Adam M. Brown, Esq.
In a 6-1 decision handed down on June 2, 2026, the Supreme Court of Ohio opened the door for certain individuals with felony convictions to petition for restoration of their firearm rights under state law. The case, State v. Heffley, centered on Patrick Heffley, an Allen County man whose single 2006 domestic violence conviction triggered both a state and a federal ban on possessing firearms. In practical terms, this meant that the one conviction created overlapping legal barriers, under both Ohio and federal rules, effectively prohibiting him from legally possessing a firearm, or even ammunition, under either system. He sought relief from the state disability more than 17 years later.
Ohio Revised Code Section 2923.14 allows eligible persons to apply to a court of common pleas for relief from a firearms disability. A key requirement is that the applicant must not be “otherwise prohibited by law” from acquiring, having, or using firearms. The Court’s majority opinion, written by Justice R. Patrick DeWine, interpreted the phrase “otherwise prohibited by law” to mean a prohibition arising in a different way or from a separate conviction. Because Heffley’s state and federal disabilities stemmed from the same Ohio conviction, the federal bar did not independently block his ability to seek state relief. Further, the federal firearm disqualifier against Heffley would no longer apply if his State rights to possess a firearm were restored.
Accordingly, the Court held that Heffley was not “otherwise prohibited by law” from possessing a firearm by virtue of the federal disqualifier, and thus he was eligible to seek the restoration of his firearm rights in Ohio.
This decision however does not automatically restore convicted felons’ firearm rights. Applicants must still demonstrate to the trial court that they meet all statutory criteria, including evidence of rehabilitation and that granting relief would not pose a risk to public safety. The process involves a formal petition, notice to the prosecutor, and a hearing.
Supporters of the ruling highlight its alignment with principles of rehabilitation and second chances. They point out that after many years without reoffending, individuals deserve an opportunity to petition for restored rights, with courts retaining discretion to protect the community. This approach, they argue, respects the balance between individual rights and public safety without allowing automatic restoration.
Critics, including some law enforcement groups and victims’ advocates, worry that the decision could weaken safeguards, especially in cases involving domestic violence or other serious offenses. They emphasize that federal prohibitions under laws like the Gun Control Act of 1968 exist to reduce gun violence risks. Ohio continues to face significant challenges with firearm-related incidents, making any changes to restoration processes a matter of careful scrutiny.
The ruling highlights the roles of both the legislative process, and judicial interpretation, in shaping outcomes. By interpreting the existing statute’s “otherwise prohibited by law” provision narrowly, the Court has clarified eligibility for those with overlapping state and federal disabilities from a single conviction. Observers note that any further adjustments to this framework would likely require action by the Ohio General Assembly to amend the law, rather than through judicial reinterpretation.
The decision comes amid ongoing national discussions about balancing Second Amendment rights with efforts to prevent gun violence. In Northeast Ohio, where communities grapple with both crime concerns and personal safety, the practical effects will depend on how trial courts apply the clarified standard moving forward.
Whether this statutory clarification leads to more successful restorations or prompts legislative updates to the statute remains to be seen, but communities across the State will continue to weigh the competing interests of rehabilitation, accountability, safety and the constitutional right to bear arms.
