CCW and Firearm Purchase w/ Treatment in Lieu of Conviction

[FireDawg77]

Can anyone tell me whether or not having a felony drug possession charge that has been dismissed for Treatment in Lieu of Conviction (meaning there was no conviction) will prevent me from obtaining an Ohio CCW permit or prevent me fromn passing the background check for purchasing new firearms?

[SeanC]

A TLC disposition is a dismissal, not a conviction, so there is no federal firearms disability under 18 USC 922(d)(1) or state disability under 2923.13(A)(2).

If your TIL entry required you to admit drug/alcohol dependence or addiction, it MAY be a state disability under R.C. 2923.13(A)(4) (alcohol and/or drugs) or a federal disability under 18 USC 922(d)(3) (drug only). Most prosecutors will not take that position, provided you are no longer abusing and some meaningful period of time has passed such that relapse is not likely.

[Werz]

A TLC disposition is a dismissal, not a conviction, so there is no federal firearms disability under 18 USC 922(d)(1) or state disability under 2923.13(A)(2).

If your TIL entry required you to admit drug/alcohol dependence or addiction, it MAY be a state disability under R.C. 2923.13(A)(4) (alcohol and/or drugs) or a federal disability under 18 USC 922(d)(3) (drug only). Most prosecutors will not take that position, provided you are no longer abusing and some meaningful period of time has passed such that relapse is not likely.

Technically, there must be abstinence for a year to complete intervention in lieu of conviction. Some courts are lax about that, but that's what the statute requires. R.C. 2951.041(D).

It's also beneficial to mention that intervention in lieu of conviction is a one-shot deal. You cannot do it twice; therefore, it's a good idea to take advantage of the opportunity and stay clean and sober.