Runions v. Burchett
117 N.E.3d 66
Ohio Ct. App.2018Background
- William Runions had three felony convictions in the 1980s (breaking & entering; receiving stolen property; uttering a forged check) and committed no further crimes thereafter.
- Governor Kasich granted Runions a full and unconditional pardon for all three felonies in August 2016; Runions attached the pardon to his CCL application.
- Runions applied for a concealed carry license (CCL) with the Clark County Sheriff in September 2016; the Sheriff denied the application based on his felony convictions.
- Runions administratively appealed; the Clark County Common Pleas Court upheld the Sheriff’s denial. Runions appealed to this Court.
- Central statutory framework: R.C. 2923.125 (CCL eligibility), R.C. 2923.13 (firearm disabilities), and R.C. 2923.125(D)(4) (when a sheriff shall not consider prior convictions).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether an unconditional gubernatorial pardon requires the sheriff to disregard prior felonies when deciding a CCL application under R.C. 2923.125(D)(4) | Runions: a pardon "relieves from disability by operation of law," so pardoned convictions must be excluded from CCL consideration | Sheriff: R.C. 2923.125(D)(4) only excludes convictions sealed/expunged or where the disability imposed by R.C. 2923.13 has been removed by operation of law or legal process; a pardon is not such relief here | Held: No — the pardon did not trigger the R.C. 2923.125(D)(4) exception; sheriff properly considered the felonies |
| Whether the phrase "under operation of law" in R.C. 2923.125(D)(4) should be read independently to encompass pardons | Runions: statutory construction (last antecedent) supports reading "operation of law" separately so a pardon suffices | Sheriff: statutory context and expressio unius show the phrase qualifies relief from the specific firearm disability regime in R.C. 2923.13 | Held: Court reads the phrase as tied to R.C. 2923.13; last antecedent inapplicable; pardon not encompassed |
| Whether Runions’s pardoned felonies imposed a firearm "disability" under R.C. 2923.13 such that relief under R.C. 2923.125(D)(4) could apply | Runions: pardon removes disabilities generally, so he is relieved | Sheriff: the statutory firearm disability is limited to convictions defined in R.C. 2923.13 (not all felonies) | Held: Runions’s offenses are not "offenses of violence" under R.C. 2901.01(A)(9), so they never created a R.C. 2923.13 disability; nothing to remove |
| Whether Runions could seek relief under R.C. 2923.14 to restore firearm rights for CCL purposes | Runions (relying on Third District): R.C. 2923.14 relief restores civil firearm rights including CCL eligibility | Sheriff: R.C. 2923.14 addresses statutory firearm disabilities under R.C. 2923.13, not collateral CCL-ineligibility that is separately defined | Held: R.C. 2923.14 is inapplicable because Runions was not subject to a R.C. 2923.13 disability; Reed/Mullins (Third Dist.) were distinguished and rejected |
Key Cases Cited
- State v. Boykin, 138 Ohio St.3d 97 (Ohio 2013) (defines effect of an unconditional pardon; an unconditional pardon relieves a person of disabilities arising from the conviction)
- State v. Radcliff, 142 Ohio St.3d 78 (Ohio 2015) (a pardon forgives but does not erase the fact of conviction)
- Bartchy v. State Bd. of Edn., 120 Ohio St.3d 205 (Ohio 2008) (common pleas court review of administrative decisions requires deference to agency factual findings and de novo review of legal questions)
- Indep. Ins. Agents of Ohio v. Fabe, 63 Ohio St.3d 310 (Ohio 1992) (discusses last antecedent rule of statutory construction)
- Carlesi v. New York, 233 U.S. 51 (U.S. 1914) (a pardon does not preclude consideration of past offenses as aggravating circumstances)
- Burdick v. United States, 236 U.S. 79 (U.S. 1915) (a pardon carries an imputation of guilt; acceptance implies confession)
- Angle v. Chicago, St. Paul, Minneapolis & Omaha Ry. Co., 151 U.S. 1 (U.S. 1894) (pardon relieves public punishment but not civil liability)