2019 Ohio 4798
Ohio Ct. App.2019Background:
- Appellant Nicholas Gill (convicted in 1994 of felony receiving stolen property, R.C. 2913.51) sought relief in 2017 under R.C. 2923.14 to remove a weapons prohibition so he could obtain a concealed carry license (CCL).
- A magistrate denied Gill’s petition after a hearing; the trial court overruled Gill’s objections and adopted the magistrate’s decision.
- Gill appealed, arguing that R.C. 2923.14 permits someone barred from obtaining a CCL under R.C. 2923.125 to seek relief.
- The legal question focused on whether a conviction that renders a person ineligible for a CCL (via R.C. 2923.125) constitutes a ‘‘disability’’ under R.C. 2923.13 that R.C. 2923.14 can remove.
- The court concluded Gill’s receiving-stolen-property conviction did not create a disability under R.C. 2923.13 (it is not an "offense of violence"), so there was no statutory disability for R.C. 2923.14 to remove; his CCL ineligibility arose from separate statutory provisions.
- The trial-court judgment denying relief was affirmed.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a person barred from obtaining a CCL under R.C. 2923.125 may seek relief under R.C. 2923.14 | Gill: R.C. 2923.14 restores firearm rights generally and therefore permits relief to remove CCL prohibitions | State: R.C. 2923.14 only applies to disabilities created by R.C. 2923.13; Gill’s conviction did not create such a disability | Court: R.C. 2923.14 is limited to statutory disabilities under R.C. 2923.13; Gill’s conviction did not create a R.C. 2923.13 disability, so R.C. 2923.14 relief was unavailable |
Key Cases Cited
- Runions v. Burchett, 117 N.E.3d 66 (Ohio App. 2018) (holding R.C. 2923.14 inapplicable where conviction did not create a R.C. 2923.13 disability)
- Klein v. Leis, 795 N.E.2d 633 (Ohio 2003) (recognizing Second Amendment interest but upholding legislature’s power to regulate firearm carrying)
- Dayton v. Whiting, 673 N.E.2d 671 (2d Dist. 1996) (trial court must independently review magistrate’s factual and legal conclusions under Civ.R. 53)
- State v. Hogan, 58 N.E. 572 (Ohio 1900) (legislature may validly regulate carrying of firearms)