COLUMBUS — The Ohio Supreme Court on June 2 ruled that Patrick Heffley, a man with a criminal history of domestic violence, can petition a state court to have his gun rights restored. The 6-1 decision held that state law grants courts discretionary authority to restore firearm rights if the petitioner has led a law-abiding life and appears likely to continue doing so.
Heffley was convicted of fourth-degree felony domestic violence in 2006 and served a year in prison. He also had misdemeanor domestic violence convictions in 2000 and 2004. In 2023, he filed a request to restore his gun rights, but the trial court denied it, citing a federal law that prohibits firearm possession by individuals convicted of felony domestic violence.
Heffley appealed and won a reversal in the appellate court. The Allen County prosecutor then appealed that reversal to the Ohio Supreme Court. Justice Pat DeWine authored the majority opinion, which concluded that while federal law bars Heffley from possessing firearms, Ohio law still permits him to petition for restoration of his gun rights under certain conditions.
Justice Jennifer Brunner dissented from the ruling. "Undermines the public trust, creates a result that is more likely to cause continued harm to victims, and sets the stage for more serious repeat crimes to occur," Brunner wrote in her dissenting opinion.
Under federal law, individuals lose gun rights upon conviction of misdemeanor domestic violence or if subject to a protection order. Ohio state law, however, does not explicitly address whether misdemeanor domestic violence convictions result in loss of firearm rights. The court’s decision does not automatically restore Heffley’s gun rights but allows him to pursue a petition in state court.