Ohio House approves Repeat Offender Act, increases penalties for repeat illegal firearm possession

COLUMBUS, Ohio — The Ohio House of Representatives on May 20 passed Substitute House Bill 5, the Repeat Offender Act, a measure that raises penalties for repeat illegal firearm possession and changes rules on sealing criminal records. The measure passed on a 71-24 roll call.

Supporters said the bill targets people who repeatedly possess firearms while under disability and will help curb violent crime. “This bill is designed to enhance public safety by removing those repeat offenders from our streets that continue to offend with firearms,” Representative Willis said on the floor.

The bill elevates a weapon-under-disability offense from a third-degree felony to a higher classification for repeat violent felons and creates a five-year repeat-offender specification. Sponsors said the specification can add years to sentences, with a possible 12-year term cited for the underlying felony plus the specification. The bill also tightens procedures for sealing records: if a prosecutor or victim objects and an offender does not appear at the sealing hearing, the court may deny sealing; denied applicants may reapply after 180 days.

Floor supporters pointed to research they said supports longer sentences for repeat offenders. “Research by the United States Sentencing Commission supports the efficacy of this approach,” Representative Willis said, citing a study the sponsor said showed sentences of 60 months or longer reduced recidivism compared with shorter sentences.

Opponents warned the bill imposes mandatory penalties that limit judge discretion. “Here’s the problem with this bill. It’s not going to do much of that,” Representative Isaacson said, urging a no vote and arguing mandatory minimums remove judicial discretion and risk disproportionate outcomes. Representative Cecil Thomas said mandatory sentencing has not been a deterrent in his experience and urged lawmakers to preserve judges’ ability to consider mitigating circumstances.

Supporters said the measure was negotiated with interested parties and includes provisions to make sealing records more accessible, including a future notice requirement that courts send eligible individuals a letter when they become presumptively eligible to seal a record and a waiver form for fees.

With the required constitutional majority, the House passed the bill and agreed to the title. The measure will move to the Ohio Senate for consideration.