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Restoration of Rights: A case study (OH)
Buckey Firearms Association ^ | 7 December, 2010 | James Wheeler

Posted on 12/10/2010 5:51:54 AM PST by marktwain

There are decisions we face as humans that can and will define our lives. For me, that decision took place in March of 1999. I allowed another person to talk me into signing for a package of marijuana delivered to my apartment. Now, I knew exactly what was going to be in the package, and I also knew that it was against the law. For reasons that still to this day I do not understand, I allowed this event to take place, and I signed for the marijuana.

The entire thing was a setup. I was immediately arrested and taken to jail. I sat there alone and scared. I had never been in trouble before. Thoughts raced through my head, what was I going to tell my family? They would be so hurt and ashamed. I was embarrassed at what I had done, but I was still yet to fully understand the magnitude of one poor decision.

Five months later, I pleaded guilty to possession of marijuana, a felony of the third degree. Because I was a first offender, I was given 30 days in jail, a 5,000 dollar fine, and my driver's license was suspended for three years. I was also placed on three year probation. Being naïve and still not fully understanding the predicament I was in, I was taken to jail to serve my time.

Then it hit me. It was a nightmare. I still remember the first time I met my probation officer, which was about my second week in. He was preparing me for the rules of probation, and for what life would be like as a convicted criminal. I will never forget when he told me that I would have to give up my guns. At first I thought that this was only while on probation, but my stomach became sick, and I felt like crying when he reiterated that this was permanent.

As a convicted criminal, my rights were gone. What had I done? I was an honor student in high school, a varsity athlete in three sports. I was from a small Ohio town, brought up with solid family values and two loving parents. I grew up shooting and enjoying the outdoors with my grandfather. Now those were distant memories. I knew I had made a severe error in judgment, but I was not some horrific danger to society. That did not matter. I was now labeled a convicted criminal, and that is how I would be seen by anyone who did not know me.

After my short stint in the county jail, I moved back to my little home town to be with my family. I had no idea what I was going to do, or what if any future I might have. I saw that my life could go one of two ways. I could work hard, and go back to how I was raised, or I could sit around and make excuses for myself and go nowhere in life. I decided to go back to college, finish my degree, and make a future for myself. I may have had this conviction, but I knew it was out of character for me, and that I could rise above it. It would not define me as a person.

A few years later, I graduated from college. I then decided to move back to the city and begin studying engineering at another school. While I was taking classes I started working on campus as an IT analyst. I began to read everything I could about Ohio law. I was determined to find a way to get my gun rights back.

I knew that I lived in a great country and a great state and that if I worked hard enough, there must be away to get my rights back. America is the land of opportunity, and a place for second chances. Because of where I worked, I had access to legal professionals and all sorts of legal research documents. It had been eight years since my conviction; I was no longer on probation. I could drive, but I still could not own guns.

After a crash course in legal research from some coworkers, I found Ohio Revised Code section 2923.14, which outlined the procedure for getting my firearm rights back. It gives a judge and a prosecutor the authority to either grant or refuse a request for reinstatement of firearms rights. I checked around and saw that this does not happen very often - only in cases where it was truly warranted. I felt like I had a solid chance and that my judge and the prosecutor would look on my petition favorably based on what I had done since my conviction.

I took this to a criminal defense attorney who had never heard of this the procedure, but was more than happy to help me. I petitioned the court, and with the concurrence of the prosecutor, I was granted relief from disability pursuant to O.R.C 2923.14. I was elated. The judge even told me that the reason Ohio had laws like this on the books was for people like me: people who had made a mistake, but had proven it was a one-time event and had taken great strides to move past it. Like I stated before, receiving an Ohio restoration of firearms rights is not easy. It must be earned. And I had earned it. After so long, I finally had my rights back. Or so I thought.

I went to buy my first gun, and I was immediately denied by NICS. I was embarrassed and confused. I had done everything Ohio said I needed to do! I called NICS and was informed that due to a Supreme Court decision (US vs. Caron, 1998) firearm rights must be completely restored for the federal government to recognize a state's restoration. Because Ohio's law did not apply to "dangerous ordinance" (items that all citizens have been prohibited from owning since 1939 without a special license from the ATF), my restoration was not worth the paper it was printed on.

I began to search and talk to legal professionals and read everything I could about this topic and the Supreme Court case. At times I was frustrated and it looked like it was never going to happen. I talked to several pro-gun groups to try and get someone to listen. No one did, until I came to Buckeye Firearms Association. They listened and understood the problem with the law. Finally, I had help!

I was tired of living under the cloud of my mistake. In December of 2008, I was contacted by Buckeye Firearms and asked to come and testify about the need for a fix in Ohio's restoration law. I gladly accepted, and I spoke in front of the Senate Judiciary Committee on Criminal Justice. They listened. They understood the problem, and they promised me that they would fix it soon. With no other irons in the fire, I waited and waited for a bill to address my issue.

Finally, in May of 2010, I was once again contacted by Buckeye Firearms. I was told that a bill had been introduced by Senator Jason Wilson. It was Senate Bill 247, and would completely fix Ohio's restoration of firearm rights. I was thrilled. It passed the Senate and headed to the House in June. I was that much closer!

Throughout the fall, the bill was sitting in the House. As the elections came and went, it appeared that once again, the efforts of myself and Buckeye Firearms would be delayed again. I called and had friends call, and emailed, and written letters trying to get the House to move on this bill. I know a lot of you reading this have also, and I thank you. For all the other people out there in my situation, it is a travesty that Ohio has still not corrected the flawed law.

In the meantime, in the winter of 2008, I applied for a pardon from the Governor of Ohio. Even though it was a long shot, I poured my heart and soul into it. I asked people to write letters of recommendation for me. The parole board unanimously recommended that I be granted a pardon. I had everything going for me, but a pardon still seemed like dream to me.

I was notified on November 23rd that Governor Ted Strickland had granted me a full pardon. I was beside myself. I cried for almost an hour. My criminal record was gone. I was no longer a "bad guy." I felt such a sense of relief, and I will forever be indebted to Governor Strickland. He gave me my rights back and lifted a huge burden that I had carried for over a decade. I had worked hard to overcome one big mistake, and someone finally noticed.

Folks, never take your rights for granted, especially your right to keep and bear arms. I know what it is like to lose them and have to fight with everything I have for many years to get them back. It is a right that I cherish, and will never lose again. I was granted a pardon. However, there are many others in Ohio in the same position I was and they deserve a chance to get their gun rights back. Senate Bill 247 is very important. The House needs to act on this bill and fix an Ohio law that has worked for decades.

They need to act now, so that others do not have to go through what I did.


TOPICS: Constitution/Conservatism; Culture/Society; News/Current Events; US: Ohio
KEYWORDS: banglist; gun; oh; restoration
Everyone should read this account to understand the consequences of nanny state enforecement.
1 posted on 12/10/2010 5:51:57 AM PST by marktwain
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To: marktwain
I was convicted of a felony in 1962, at the age of 20, and placed on probation. Seven years later I was granted a full pardon. I thought my life had changed. I can't tell you what a hassle that conviction is. Every time I apply for something that requires a background check it comes up. I wanted to work in the school system. Nope, Florida law says if you are arrested on a charge for which the penalty is a year or more in jail you are not eligible to work in the school system, full and complete pardon or not. I wanted to work at the race track. Same thing. It's been nearly 50 years and it's still hung around my neck like the proverbial albatross.

Last year I decided to take the bull by the horns and apply for a CCW license. I knew the conviction would come up so I attached a copy of the pardon to my application. A couple of weeks after I sent in the application I got a letter telling me they had found a bad check charge against me in 1965 and a removing property under lien charge that same year. I had to go back to the counties involved and get certified proof that the penalty for the charges would not have been a year more in jail.

States are now passing laws that penalize you on the basis of the severity of the charge, not the outcome.

I finally got my CCW license. But I know even now that I am still a marked man. I never know when one of those three or four charges will pop up to haunt me.

I can't second your statement to take your rights seriously too loudly! Once they are taken you have an uphill battle to ever return to anything that even resembles a normal life.

My felony arrest was in the pre-Miranda days. I had no attorney until several years after the arrest, incarceration, conviction and sentencing. An attorney would probably have not let me plead guilty to the charge. I was wrong and guilty but legal advice would have helped me a whole lot.

It's sad that it takes an experience like the one you had to make us realize how precious our rights are!

2 posted on 12/10/2010 6:16:03 AM PST by jwparkerjr (It's the Constitution, Stupid!)
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To: marktwain
Regardless of how one feels about the current laws, this guy knowingly broke the law. It's no different from someone who crosses the border illegally. They KNOW it's illegal, but they do it anyway.

So no, I don't feel sorry for this guy. He can go on and on about what a terrific person he is and how he made just one tiny mistake. But he did it - knowingly - and now he's experiencing the consequences.

3 posted on 12/10/2010 7:03:53 AM PST by MEGoody (Ye shall know the truth, and the truth shall make you free.)
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To: marktwain

in before the WOsD statist declare the guy a menace and deserving of life w/o parole...


4 posted on 12/10/2010 7:08:35 AM PST by Gilbo_3 (Gov is not reason; not eloquent; its force.Like fire,a dangerous servant & master. George Washington)
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To: MEGoody

You’re sick.


5 posted on 12/10/2010 7:13:53 AM PST by coloradan (The US has become a banana republic, except without the bananas - or the republic.)
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To: MEGoody
So no, I don't feel sorry for this guy

I don't think he's asking us to feel sorry for him. He made a mistake, admitted it, did his time and then started the long march up the hill to restore his rights. He found problems with the system and worked constructively to change them. He freely admits that what he is going though is the consequence of he prior actions.

I wish him well.

6 posted on 12/10/2010 7:34:27 AM PST by super7man
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To: super7man

Actually, I think the real point of the article is that we must be very careful to protect our rights, by not doing something stupid. The wall between you and your 2nd Ammendment rights can be very high if you end up on the wrong side.


7 posted on 12/10/2010 7:38:28 AM PST by super7man
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To: jwparkerjr

There’s nothing like some grey hair to make a man fully understand what is important and what’s not. Our Rights are all important but without the 2nd the rest of them could be snatched away from us without so much as a two inch newspaper clip or a moment on the TV evening news.

“God created all men, but Sam Colt made them equal.”


8 posted on 12/10/2010 10:01:45 AM PST by B4Ranch (Do NOT remain seated until this ride comes to a full and complete stop! We're going the wrong way!)
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To: coloradan
You’re sick.

I'm sick because I don't feel sorry for people who broke the law and are now experiencing the consequences of that choice? Really?

I guess that means you think we should feel sorry for all the illegals who get caught by ICE. Well, I don't.

9 posted on 12/10/2010 1:07:28 PM PST by MEGoody (Ye shall know the truth, and the truth shall make you free.)
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To: MEGoody

You’re sickness is not being able to distinguish the crime of signing a piece of paper vs. organizing your life to enter another country illegally, as the first step out of many other criminal actions.


10 posted on 12/10/2010 4:32:12 PM PST by coloradan (The US has become a banana republic, except without the bananas - or the republic.)
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To: coloradan
You’re sickness is not being able to distinguish the crime of signing a piece of paper vs. organizing your life to enter another country illegally.

"Signing a piece of paper". Come on, the guy KNEW he was signing for an illegal substance. He even admits that he knew it was wrong when he did it. Those coming across the border KNOW they are breaking the law as well. There is no difference.

If you don't like the laws against marijuana, work to change them. But if you are going to excuse this guy for ignoring a law, then it would be hypocritical not to also excuse the illegals.

11 posted on 12/13/2010 6:34:00 AM PST by MEGoody (Ye shall know the truth, and the truth shall make you free.)
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To: MEGoody

What I can’t excuse is your failure to distinguish between someone whose transgression started and ended with a single signature (even knowing it was wrong) vs. people who organize their lives and those of their children and potentially grandchildren, around violating not just one law but many, day in, day out, for the rest of their lives. How long does a signature take? 5 seconds? That’s the duration of the man’s dastardly act.


12 posted on 12/13/2010 5:41:05 PM PST by coloradan (The US has become a banana republic, except without the bananas - or the republic.)
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To: coloradan
people who organize their lives and those of their children and potentially grandchildren, around violating not just one law but many, day in, day out, for the rest of their lives.

I agree they violate all their lives (unless they eventually go back home), but when you say they violate "many laws", what laws besides the immigration law are they violating?

How long does a signature take? 5 seconds? That’s the duration of the man’s dastardly act.

Actually, his wrongdoing continued until he was found out and arrested. He was a fugitive of the law as much as an illegal immigrant. If he hadn't been arrested, he would have continued his whole life as well. (Unless you choose to believe he would have suddenly had an attack of conscience and turned himself in.)

What I can’t excuse. . .

Well, of course not. I wouldn't expect a pro-druggie to accept the truth when it comes to drugs.

13 posted on 12/14/2010 6:47:08 AM PST by MEGoody (Ye shall know the truth, and the truth shall make you free.)
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To: MEGoody
I agree they violate all their lives (unless they eventually go back home), but when you say they violate "many laws", what laws besides the immigration law are they violating?

Laws like, you can't work legally, you can't send your kids to school legally, you can't drive legally, you can't vote legally, etc.

Actually, his wrongdoing continued until he was found out and arrested. He was a fugitive of the law as much as an illegal immigrant. If he hadn't been arrested, he would have continued his whole life as well. (Unless you choose to believe he would have suddenly had an attack of conscience and turned himself in.)

From the article: "The entire thing was a setup. I was immediately arrested and taken to jail." Immediately as in, right after he signed for the package.

Well, of course not. I wouldn't expect a pro-druggie to accept the truth when it comes to drugs.

And I apparently shouldn't expect a drug warrior to comprehend a simple article.

14 posted on 12/15/2010 2:03:05 AM PST by coloradan (The US has become a banana republic, except without the bananas - or the republic.)
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