I have my federal explosive license, type 54

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I have my federal explosive license, type 54

Postby Jbags091992 » Sun Dec 03, 2017 11:06 am

Hey guys, I’ve gotten into trouble when I was younger. I’ve got a DV against my father and a marijuana charge. But I applied for my type 54 explosive license and the federal government deemed me a responsible person to handle and posses explosives. I was shocked. So do you think I would have the same luck getting my ccw I don’t see why not?
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Re: I have my federal explosive license, type 54

Postby JustaShooter » Sun Dec 03, 2017 1:35 pm

The marijuana charge may or may not be an issue depending on what it was, but a DV is a Federal disqualifier for firearms possession, and will disqualify you for getting a CHL. Just because the Feds didn't catch something when determining that you are a responsible person for an explosives license doesn't really matter.
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Re: I have my federal explosive license, type 54

Postby JediSkipdogg » Sun Dec 03, 2017 3:18 pm

Jbags091992 wrote:Hey guys, I’ve gotten into trouble when I was younger. I’ve got a DV against my father and a marijuana charge. But I applied for my type 54 explosive license and the federal government deemed me a responsible person to handle and posses explosives. I was shocked. So do you think I would have the same luck getting my ccw I don’t see why not?


On the DV....we're you the arrested or the victim? "Against my father" is confusing to me.
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Re: I have my federal explosive license, type 54

Postby JustaShooter » Sun Dec 03, 2017 5:17 pm

JediSkipdogg wrote:
Jbags091992 wrote:Hey guys, I’ve gotten into trouble when I was younger. I’ve got a DV against my father and a marijuana charge. But I applied for my type 54 explosive license and the federal government deemed me a responsible person to handle and posses explosives. I was shocked. So do you think I would have the same luck getting my ccw I don’t see why not?


On the DV....we're you the arrested or the victim? "Against my father" is confusing to me.

Interesting question - I read it as having a DV for violence against his father. Not sure why it would have been mentioned otherwise.
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Re: I have my federal explosive license, type 54

Postby Stryker74 » Mon Dec 04, 2017 11:09 am

The DV situation for this individual was discussed here in depth: viewtopic.php?t=89309

Sounds like the relationship factor might be an influence in the decision process.
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Re: I have my federal explosive license, type 54

Postby JustaShooter » Mon Dec 04, 2017 1:03 pm

Stryker74 wrote:The DV situation for this individual was discussed here in depth: viewtopic.php?t=89309

Sounds like the relationship factor might be an influence in the decision process.

For the Federal disqualification, yes. But not for an Ohio CHL, it is an automatic disqualifier. From ORC 2923.125 (D)(1)(s)

http://codes.ohio.gov/orc/2923.125
(s) The applicant has not been convicted of, pleaded guilty to, or adjudicated a delinquent child for committing a violation of section 2919.25 of the Revised Code or a similar violation in another state.


Likewise, the marijuana charge is a disqualifier under Ohio law (based on the other thread that shows it is a conviction under 2925.11.A) From ORC 2923.125 (D)(1)(e)
(e) Except as otherwise provided in division (D)(4) or (5) of this section, the applicant has not been convicted of or pleaded guilty to a felony or an offense under Chapter 2925., 3719., or 4729. of the Revised Code that involves the illegal possession, use, sale, administration, or distribution of or trafficking in a drug of abuse;
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Re: I have my federal explosive license, type 54

Postby Tru-Heathen » Mon Dec 04, 2017 9:38 pm

JustaShooter wrote:

Likewise, the marijuana charge is a disqualifier under Ohio law (based on the other thread that shows it is a conviction under 2925.11.A) From ORC 2923.125 (D)(1)(e)
(e) Except as otherwise provided in division (D)(4) or (5) of this section, the applicant has not been convicted of or pleaded guilty to a felony or an offense under Chapter 2925., 3719., or 4729. of the Revised Code that involves the illegal possession, use, sale, administration, or distribution of or trafficking in a drug of abuse;


But section (D) (4) provides for a minor misdemeanor drug charge to be sealed & allows a CHL to be issued.

Been There,Done That.


(4) If an applicant has been convicted of or pleaded guilty to an offense identified in division (D)(1)(e), (f), or (h) of this section or has been adjudicated a delinquent child for committing an act or violation identified in any of those divisions, and if a court has ordered the sealing or expungement of the records of that conviction, guilty plea, or adjudication pursuant to sections 2151.355 to 2151.358, sections 2953.31 to 2953.36, or section 2953.37 of the Revised Code or the applicant has been relieved under operation of law or legal process from the disability imposed pursuant to section 2923.13 of the Revised Code relative to that conviction, guilty plea, or adjudication, the sheriff with whom the application was submitted shall not consider the conviction, guilty plea, or adjudication in making a determination under division (D)(1) or (F) of this section or, in relation to an application for a concealed handgun license on a temporary emergency basis submitted under section 2923.1213 of the Revised Code, in making a determination under division (B)(2) of that section.


And section (D) (5) seems to extend this to minor misdemeanors even without their being sealed.

(5) If an applicant has been convicted of or pleaded guilty to a minor misdemeanor offense or has been adjudicated a delinquent child for committing an act or violation that is a minor misdemeanor offense, the sheriff with whom the application was submitted shall not consider the conviction, guilty plea, or adjudication in making a determination under division (D)(1) or (F) of this section or, in relation to an application for a concealed handgun license on a temporary basis submitted under section 2923.1213 of the Revised Code, in making a determination under division (B)(2) of that section.


IANAL ,etcetera,etcetera,ad infinitum.
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