Criminal Records, Expungement Conceal Carry Question in Ohio

[swlswl]

I think Shepard's would have picked up on those cases if they were federal cases or even state appellate cases. I'm guessing they may have been from superior courts, and at that, with poor legal representation.

I don't expect you to know the cases, but if you come across one in the future and happen to think of me, I'd like to know the case, just out of curiosity.

Later this week, I'll try to find such cases myself

I have to go have dinner and will enjoy talking with you again.

p.s.: I'll bet they're being charged under an identical state law. The Lopez case ruled only on federal law. Nothing in Lopez makes state gun free zones unconstitutional, and most, if not all states have such parallel statutes.

 

[farmergiles]

something i didn't see anyone address yet what you call "a felony" might not qualify under the federal law. For U.S. purposes a State conviction has to be punishable by "more than 2 years".

and then certain "white-collar" stuff is exempt, like antitrust or business violations.

also, all antique firearms as defined are excluded as well- don't know if that means any thing but a "black powder" weapon- i wonder if anyone knows if say a rifle or shotgun patterned on a model from the late 19th century is always 'black powder' or 'muzzle loaded'... i think there must be antique firearms (the law includes "modern replicas") that are breech loaded.

(i might know a little law but next to nothing about guns, so my apologies to the better informed)

 

[swlswl]

something i didn't see anyone address yet what you call "a felony" might not qualify under the federal law. For U.S. purposes a State conviction has to be punishable by "more than 2 years".

and then certain "white-collar" stuff is exempt, like antitrust or business violations.

also, all antique firearms as defined are excluded as well- don't know if that means any thing but a "black powder" weapon- i wonder if anyone knows if say a rifle or shotgun patterned on a model from the late 19th century is always 'black powder' or 'muzzle loaded'... i think there must be antique firearms (the law includes "modern replicas") that are breech loaded.

(i might know a little law but next to nothing about guns, so my apologies to the better informed)

The firearm must have been manufactured prior to a certain year (1898 or 1897 I think). Replicas of such guns are not exempt.

I believe you misread the federal statute regarding 2 years.