NEW OHIO EXPUNGEMENT LAW PASSED!

Senate Bill 337 was recently signed into law by Ohio Governor Kasich. The newly enacted law which takes effect this fall alters what can be sealed and who is able to apply for his/her record to be sealed. The bill changes the words “first offender” to “eligible offenders.” “First offender” was defined as a person who “previously or subsequently has not been convicted of the same or a different offense in this state or any other jurisdiction.” In contrast, “eligible offender” is defined as a person who “has not more than one felony conviction, not more than two misdemeanor convictions if the convictions are not of the same offense, or not more than one felony conviction and one misdemeanor conviction in this state or any other jurisdiction.” In other words, the courts are now able to seal either one felony and one misdemeanor or two misdemeanors if they are not of the same offense. In order to have a conviction sealed, there must be a hearing after the application is filed. The prosecutor from the original case may object to having the conviction sealed. The court then must have its regular probation officer, a state probation officer, or the department of probation of the county where the applicant lives “make inquiries and written reports as the court requires concerning the applicant.” If the judge rules in favor of the applicant, the offender’s previous convictions will be sealed. This could potentially help non repeat offenders to regain their constitutional rights, more specifically their 2nd Amendment rights, which would otherwise be denied to them. It is important that someone considering this process with regards to their firearm rights contact a qualified gun lawyer before proceeding as there are many nuances to not only the state law but also federal law.

Stand Your Ground / Castle Doctrine

With the recent outcry over the shooting of Trayvon Martin by George Zimmerman, resulting in an attack on Stand Your Ground laws, it is important for one to actually understand the law. Florida's Stand Your Ground law states, "A person is justified in the use of deadly force and does not have a duty to retreat if he or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony." In other words, if a person "reasonably believes" that he may die or be significantly harmed, he can use deadly force no matter where he is. In the Martin/Zimmerman case, Zimmerman explains that Martin violently attacked him (wounds suggest that his head was being banged against a curb) and that he only shot Martin because he feared for his life and to protect himself from "great bodily harm." If this is the case, then Zimmerman was potentially using deadly force correctly according to the Stand Your Ground law. The application of the law could possibly have saved his life. However, if Zimmerman's story is not true and he actually provoked Martin, then Zimmerman did not actually "reasonably believe" that deadly force was needed to protect himself. If this scenario is true, then the Stand Your Ground law is not applicable in this case because Zimmerman did not hold a reasonable belief that such force was necessary. Unlike Florida, Ohio does not have a Stand Your Ground law. However, Ohio has implemented the Castle Doctrine. Like the Stand Your Ground laws, there still must be a reasonable belief of imminent danger that requires deadly force to repel. The difference between the Castle Doctrine and Stand Your Ground laws is that the Castle Doctrine only applies to one's home or vehicle. The Martin/Zimmerman case is still pending. In addition, some are calling for the repeal of Stand Your Ground laws countrywide. It will be interesting to see how the case influences the fate of Stand Your Ground laws. As Ohio Gun Lawyers our office is well versed in criminal matters as it relates to these laws. Call today for a consultation.

FFLGuard

If you own or operate a Gun Dealership ensuring you are 100% on the right side of the law is always paramount. Our office has recently entered into a business relationship with FFLGuard. FFLGuard is the premiere representative of gun dealers across the country who maintain a federal firearms license. Our office is working hand in hand with FFLGuard to ensure our clients remain legal 100% of the time. From providing services such as on the spot checks to sending out FFLGuard representatives when the ATF decides to make a surprise audit FFLGuard is here to help. For more information please contact our office today for competitive rates.

JUSTICE SERVED: CANTON POLICE OFFICER FIRED

As an Ohio Gun Law Attorney and General Counsel for Ohioans for Concealed Carry I reported on the appalling case of a Canton Police Officer going beyond the Constitutional bounds of his badge back in July of 2011.

Police Officer Daniel Harless had threatened a law abiding concealed carry holder (William Bartlett) with physical violence and execution for no apparent reason (see video below: CAUTION EXTREME AND GRAPHIC LANGUAGE). Not long after Ohioans for Concealed Carry brought the case publicity and began to raise funds for Mr. Bartlett's defense did the City Council President publicly make his anti-gun bias known. Ohioans for Concealed Carry quickly went into action and invited the City Councilman to attend a shooting event with former Ohio Governor Strickland. The City Councilman has since taken a much different tune and we, as gun owners, applaud him for his reasonableness.

Mr. Bartlett's case, however, unbelievably was still prosecuted in the City of Canton while Officer Harless was placed on paid leave pending a disciplinary hearing. At trial the judge dismissed the gun charges against Mr. Bartlett in a clear victory for concealed carry holders across Ohio.

I am pleased to announce that as of this week Officer Harless will no longer be a threat to gun owners' rights here in Ohio. You can read the article here at Ohioans for Concealed Carry and here at Fox 8, Cleveland.

A History Lesson in Restricting Liberty.

The Hughes Amendment which brought to reality a severe restriction on our 2nd Amendment rights should teach us as gun owners of the reality of the battle we face as U.S. citizens in today's world. As we can see during debate on the bill (video below) our legislature was in complete disarray and such a devastating law that has little if any impact on violence in our country and that has severely restricted our liberties became law. As a Gun Law Attorney it is disheartening to see the path we have taken. This is why my office specializes in defense of our freedoms. If you or someone you know has had their 2A rights stripped away - there may be hope in the form of gun rights restoration. Call today for a consultation.

NRA Banquet!

It is that time of year again - time for the Friends of the NRA Banquet in Columbus, Ohio. The Law Office of Barney DeBrosse, LLC, attends annually and will be sponsoring an event this year. Attorney Derek DeBrosse will also be serving on the committee as a volunteer. Every year the banquet draws large crowds of gun owners willing to support the cause of gun rights through silent auctions, raffles, as well as a live auction. It is a ton of fun and a great place to meet great people. Hope to see you there!

NEW IMAGE!

As of January 1, 2012, The Law Office of Derek A. DeBrosse, LLC will become BARNEY DEBROSSE, LLC. This new law firm will have the unique background to cover a variety of legal issues from Criminal Defense & Gun Rights to Divorce, Dissolution and Business Matters. BARNEY DEBROSSE, LLC will have a unique focus on representing clients with specific firearms issues. In the coming days a new website is to be launched with great information about who the Firm is and what the Firm does. We are confident that this change will only further secure the trust that clientele have placed in The Law Office of Derek A. DeBrosse as the Firm will now be able to broaden its range of representation. Please call today to schedule a consultation regarding any legal matter you may be having!

Canton Case Victory!

Today William Bartlett's attorney did gun rights attorney's across the state proud. The case has been eyed closely by 2nd Amendment groups across the nation and has drawn nearly 1 million views on youtube (video below). Mr. Bartlett was accused of failing to notify a law enforcement officer that he was armed and a CHL holder. The evidence (see below) clearly shows otherwise and also shows why the law needs to be changed. Today a Criminal Rule 29 motion was made and granted at the close of evidence. The decision was so clearly obvious that the court simply dismissed the charges against Mr. Bartlett. It is wholly unacceptable that our elected officials are prosecuting people under such circumstances. It is imperative that concealed carry holders understand their rights as licensees and that they know a qualified gun attorney in case the need may ever arise.

Gun Laws and Divorce Proceedings

It is essential that gun owners ensure their rights are protected through various phases of life - this is especially true in divorce and custody proceedings. As an Ohio Gun Lawyer I experience clients with substantial gun related issues that occur during divorce and custody proceedings. Whether it be defense in domestic violence charges or ensuring one's rights are not denied in divorce decrees the opportunity for unknowingly losing one's 2A rights is high. Call an experienced Gun Lawyer today if you are proceeding in the area of divorce, dissolution or custody law.

New Laws Now in Effect!

As of September 30, 2011, the much anticipated "Restaurant Carry" law took effect here in the state of Ohio. Now citizens who have underwent the proper training and have procured their concealed handgun license ("CHL") may now carry into an establishment that serves alcohol for consumption on premises as long as they too are not consuming alcohol or are intoxicated. In conjunction with this new law the State Legislature has also passed laws that took effect the same day making vehicle carry more user friendly as well as a law that now makes firearm rights restoration laws in Ohio more in tune with Federal law. As an Ohio gun rights lawyer my office is ready to advise clients on issues dealing with these changes in Ohio. Call today for more information!

No more M9 for the Military!

Having served 6 years with the Army I was always frustrated and amazed at the devotion the military seemingly had for the Beretta M9 handgun. I never liked the M9 - from the first time I ever shot one I thought it was an inferior weapon. I was once told that the reason why we ever went to the M9 was to ensure that Italy would allow the US Military to maintain a base in their country (The M9 being manufactured in Italy).

As I was reading through yet another fantastic issue of Army Times today the headline reads "Army dumping M9". All I have to say is it is about time. My suggestion for the army is to go to the Glock .40 cal model 23. It is a far superior weapon in all respects.

New Website

The Law Office of Derek A. DeBrosse, LLC is going live with its new website Monday August 29th! The new website has been in the works for several months now and will feature fully integrated social networking and blogging as well as much more content with a strong emphasis on firearms law. Stay Tuned!

Gun Rights Attorney Derek DeBrosse on NRA NEWS!

UPDATE TO CANTON CASE!

On July 25, 2011, Canton City Council President Allen Schulman went on a tirade about the public outcry against the civil rights violations that recently occurred as a result of Canton Police Officer Daniel Harless' actions with concealed carry holder William Bartlett. Schulman clearly has no resepct for our civil rights and blames the incident on the fact that a law abiding citizen wanted to ensure he was protected. Ohioans For Concealed Carry has called for both Officer Harless and President Schulman's resignation. The ramblings can be listened to here.

Canton PD proves the point of the problem with "promptly" notifying.

There is currently a case arising out of Canton Ohio that has gun rights advocates angered. From what can be seen on the video it appears the Canton PD has violated the victim's Constitutional rights on many levels. As an Ohio Criminal Defense Attorney and Gun Lawyer this case is extremely disturbing to me. The Police Dash Cam Video can be viewed here: Canton Dash Cam Video.

Derek DeBrosse to be Regular Guest on Gun Talk Radio Show!

Ohio Gun Law Attorney, Derek A. DeBrosse, has made a few appearances this past year on Trigger Time with Joe which is broadcast from 55KRC in Cincinnati. Recently an invitation was offered to appear more regularly and it appears Derek will be making a bi-weekly appearance if not more often on the show. The next show is tonight at 7pm and can be tuned into live at 55KRC. The show is an hour long radio talk spot that is broadcast every Sunday evening at 7pm.

Restaurant Carry Passes!

On Thursday, June 30, 2011, Governor Kasich signed into law SB17 & HB54. Derek DeBrosse, Esq. was present at the signing ceremony as General Counsel for Ohioans for Concealed Carry. These bills are a huge achievement for the gun rights community in the State of Ohio. Now citizens will be able to protect themselves in establishments that serve alcohol. The bills also simplified motor vehicle carry doing away with some of the most restrictive criminal offenses regarding vehicle carry in the country. As an Ohio gun attorney the recent changes in the law have a special impact on many of my clients as they also restore law abiding citizens to their 2nd Amendment rights who may have lost those rights for minor criminal offenses. This is a huge step forward for the state of Ohio and the protection of these very important rights does not stop here - stay tuned for further goals an initiatives by organizations such as the NRA and Ohioans for Concealed Carry.

Derek DeBrosse on NRA News!

Gun Rights attorney Derek A. DeBrosse will be a guest speaker on the Cam Edwards show as part of NRA News this evening at 10:40pm. You can tune in to listen at NRA NEWS. He will be discussing the recent changes to Ohio law regarding restoration of rights and restaurant carry.

Restaurant Carry and Restoration Bills Pass!

Restaurant Carry and Restoration of Rights have been on the minds of Ohio Gun Owners for these past few years with much anticipation. Today it appears victory is near. As an Ohio Gun Attorney this has been an extremely personal goal for myself and my practice. Both bills have successfully passed the Ohio House and Senate and are on their way to Governor Kasich's office. For all concerned firearm owners a call to the Governor would assist in seeing that he signs these bills. His contact number is 614.466.3555.

The Importance of Knowing the Law.

As an Ohio Gun Law Attorney I make it my business to know and understand gun law. It is of the utmost importance that gun owners are well apprised of the various gun laws. There are many pitfalls that present legal risk to gun owners - risk not of intentionally committing a criminal act but rather risk of UNINTENTIONALLY committing a criminal act. It is essential that if you are not comfortable with gun law at both the state and federal level that you obtain competent legal counsel immediately.

For instance there are many lesser known or ambiguous laws in the state of Ohio alone. My office is routinely assisting clients who have been convicted of petty drug offenses defend their 2nd Amendment rights. Under Ohio law anyone convicted of ANY crime involving a drug of abuse may not possess firearms - even if it was possession of a small amount of marijuana when they were in their teens. Another example is that under Ohio law if a firearm is lost or stolen from your custody you MUST report it to law enforcement personnel.

Because of the complexity of the law my office has dedicated itself to the understanding of these pitfalls and ambiguities. If you are a gun owner and have yet to retain competent legal counsel - call today for a free consultation.