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Kinda confused. Advice or opinions?

Posted: Fri Sep 01, 2017 4:23 am
by Repoguy
So I applied for my CCW in Butler County on Monday. Yesterday I received two letters from the sheriffs office. One contained my CCW ID card (Butler County mails them now), and the other contained a letter of denial for a charge I recieved when I was 14, sixteen years ago, that I thought had been sealed. Why would they send both?

I have to try to get ahold of the deputy handling my application today, but I dont know what to expect. Would they deny me over a charge when I was that young, so long ago? Ive not been in any legal trouble since, and none prior to that.

If my application is denied, should I appeal it? If so, has anyone here done that? What can I expect? What should I do next if it is denied.

The deputy was gone for the day by the time my mail ran but it has been on my mind since. Ive not been able to sleep because I am so confused and upset that a charge that old, when I was that young could stop me from getting my CCW, and why did they mail my card if I was denied?

I've purchased many guns from FFL's and only once have I been delayed and we got the proceed the next day.

Any advice or opinions are appreciated. I dont know what to expect when I make this call today. Thanks

Re: Kinda confused. Advice or opinions?

Posted: Fri Sep 01, 2017 6:34 am
by JustaShooter
I can only speculate on why they sent both your license and a denial letter. Who knows exactly what happened, maybe your call to the sheriff will clear that part up.

To answer your questions:
Repoguy wrote:Would they deny me over a charge when I was that young, so long ago?
Yes, the law is worded so that some convictions don't have a timeframe where they stop being cause for denial, so even if they happened while a minor they still count.
Repoguy wrote:If my application is denied, should I appeal it?
If the conviction was actually something that should have been cause for denial and was never sealed / expunged, then no, don't appeal - you'll lose the appeal and then have to wait a year before reapplying. Better to get the record sealed and re-apply.

Without knowing the exact section of Ohio law you were convicted under, it's hard to say if it should have denied you or not. If you were to post the exact section here one of us can check to see. Also, if you think it had already been sealed or expunged, you should check with the county it happened in to find out for sure if it was or not.
Repoguy wrote:I've purchased many guns from FFL's and only once have I been delayed and we got the proceed the next day.
There are many things that will prevent you from getting your license that won't cause you to get a denial when purchasing a firearm.

Re: Kinda confused. Advice or opinions?

Posted: Fri Sep 01, 2017 8:41 am
by Javelin Man
Welcome! No confusion over that! :D

Re: Kinda confused. Advice or opinions?

Posted: Sat Sep 02, 2017 6:17 pm
by MyWifeSaidYes
I'm gonna guess that the denial was written and mailed, then someone realized that you shouldn't have been denied then issued and mailed the license the same day.

Had the license been mailed first, the second letter would have been a revocation instead of a denial.

Again, just a guess.

Re: Kinda confused. Advice or opinions?

Posted: Sat Sep 02, 2017 7:44 pm
by JustaShooter
MyWifeSaidYes wrote:I'm gonna guess that the denial was written and mailed, then someone realized that you shouldn't have been denied then issued and mailed the license the same day.

Had the license been mailed first, the second letter would have been a revocation instead of a denial.
Or just a bureaucratic screw-up where clerk makes up a bunch of licenses & OP's name is on the "issue" list by mistake. Or clerk grabs OP's name from the wrong list by mistake. HArd to say - and here's hoping the OP reports back with more info.

Re: Kinda confused. Advice or opinions?

Posted: Tue Sep 05, 2017 11:25 am
by Repoguy
Alright, so I finally got ahold of the SO today and they advised me there was a delayed entry on my background and I was in fact denied after they mailed the license.

When I was 14 I was charged with a weapon on school grounds which is a felony 5 in the adult world. I thought this had been sealed. My own ignorance in not checking.
It was a bad situation all together... Knife in my jacket, took it to the office when I got to school and discovered it, assistant principle called police, I was arrested. After that happened the principle wrote a letter to the courts explaining I was in fact turning in the knife not trying to "bring it to school", and the courts suspended all sentencing and told me not to screw up again... and I didn't.

I went today to Hamilton County Juvenile Court and applied for an expungement. They said I should get a response within 30 days.

When I talked to the Sheriff's office they said I have to have that expunged within 30 days from the day I applied for my CCW or wait a year to reapply. I was confused by this so I called the Hamilton County Sheriffs office and the woman there stated she has never heard such a thing. Only time I should have to wait to reapply is if an appeal was denied. She suggested if it is after the 30 days, since I will have to pay again anyways I just go to the HCSO to apply.

Got the denial figured out and now I'm confused by the two deputies saying different things about reapplying. Any suggestions there? Can an individual county have their own rules such as that or are one of the deputies misinformed?

Re: Kinda confused. Advice or opinions?

Posted: Wed Sep 06, 2017 10:01 am
by Six Shooter
Repoguy wrote:Alright, so I finally got ahold of the SO today and they advised me there was a delayed entry on my background and I was in fact denied after they mailed the license.

When I was 14 I was charged with a weapon on school grounds which is a felony 5 in the adult world. I thought this had been sealed. My own ignorance in not checking.
It was a bad situation all together... Knife in my jacket, took it to the office when I got to school and discovered it, assistant principle called police, I was arrested. After that happened the principle wrote a letter to the courts explaining I was in fact turning in the knife not trying to "bring it to school", and the courts suspended all sentencing and told me not to screw up again... and I didn't.

I went today to Hamilton County Juvenile Court and applied for an expungement. They said I should get a response within 30 days.

When I talked to the Sheriff's office they said I have to have that expunged within 30 days from the day I applied for my CCW or wait a year to reapply. I was confused by this so I called the Hamilton County Sheriffs office and the woman there stated she has never heard such a thing. Only time I should have to wait to reapply is if an appeal was denied. She suggested if it is after the 30 days, since I will have to pay again anyways I just go to the HCSO to apply.

Got the denial figured out and now I'm confused by the two deputies saying different things about reapplying. Any suggestions there? Can an individual county have their own rules such as that or are one of the deputies misinformed?

Your best option, would be to contact and pay for a lawyer.

Opinions on the internet are just that.

Re: Kinda confused. Advice or opinions?

Posted: Wed Sep 06, 2017 11:59 am
by JustaShooter
Repoguy wrote: I'm confused by the two deputies saying different things about reapplying. Any suggestions there?
My suggestion? Don't ask law enforcement for legal advice. They are often as misinformed about details of the law as your average man on the street, etc.
Repoguy wrote:Can an individual county have their own rules such as that or are one of the deputies misinformed?
No, they cannot (legally) have different rules, one of them is misinformed (in my opinion, the one claiming if you wait past 30 days to re-apply you have to wait a year). Unfortunately, the truth of the matter is that some sheriff departments *think* they can make their own rules, and apply them, but since few people are aware enough of the law and willing to challenge them, they get away with it.