Felony 5, doesn't forbid you from getting CHL

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seank
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Felony 5, doesn't forbid you from getting CHL

Post by seank »

Since an OHIO felony5 is only punishable for up to but not including 1 year in jail. This doesn't effect your ability to get a CHL.
(as long as it's not a drug related F5)
Proven by a student and confirmed by Sheriff (who issued the chl)

just a heads up.
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Post by oldmic »

IANAL and in the one instance you mentioned it may have been issued, but the law sure doesn't seem to read that way:


"2923.125 Application and licensing process.
(d) The applicant is not under indictment for or otherwise charged with a felony; 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; a misdemeanor offense of violence; or a violation of section 2903.14 or 2923.1211 of the Revised Code."

It doesn't say anything about a sentence of less than a year, only that the applicant cannot be under indictment or charged with a felony.

And here's the question on the application:

"(7) Are you under indictment for or otherwise charged with a felony, have you ever been convicted of or pleaded guilty to a felony, or have you ever been adjudicated a delinquent child for committing an act that would be a felony if committed by an adult? YES or NO"

Isn't it possible the license was issued improperly?
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Post by Javelin Man »

Isn't there something about felons not allowed to possess firearms?
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Post by Thug Hunter »

I don't handle CHL applications, but I am surprised to hear someone with a felony 5 conviction getting a CHL. I think this may be a mistake. Ohio's Weapons under disability law mentions specific crimes, mostly violence related. Federal law says something like convicted of a crime that has a possible sentence of a year in prison, even if no time is served.
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Post by seank »

oldmic wrote: "2923.125 Application and licensing process.
(d) The applicant is not under indictment for or otherwise charged with a felony; 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; a misdemeanor offense of violence; or a violation of section 2903.14 or 2923.1211 of the Revised Code."

"(7) Are you under indictment for or otherwise charged with a felony, have you ever been convicted of or pleaded guilty to a felony, or have you ever been adjudicated a delinquent child for committing an act that would be a felony if committed by an adult? YES or NO"

Isn't it possible the license was issued improperly?
Concerned at the time, I called the Sheriff's Dept's LT who issued said license, The issue was valid.
In Ohio an F5 is not punishable for a year or more.. this DOES matter as you can purchase and own firearms.
Don't get caught up in the word "Felony" as it's the length of the maximum sentence in jail that matters.
Last edited by seank on Sun Jun 01, 2008 11:47 am, edited 1 time in total.
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Post by seank »

Thug Hunter wrote:I don't handle CHL applications, but I am surprised to hear someone with a felony 5 conviction getting a CHL. I think this may be a mistake. Ohio's Weapons under disability law mentions specific crimes, mostly violence related. Federal law says something like convicted of a crime that has a possible sentence of a year in prison, even if no time is served.
I wouldn't be surprised if I was you.. you gave the answer to the puzzle in you post! lol
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Post by oldmic »

A semi-colon is used to join together two or more independent clauses - I drive a Hupmobile; you drive a Maserati.

The language appears to be about 3 different things: a felony; drug sales; domestic violence. And I believe we would agree that DV would make you ineligible for a concealed carry license. So, the part regarding the felony stands alone in my opinion as well.

And as far as sentence for the felony is concerned, a fifth degree felony can receive punishment of 12 months (a year), as seen below:

2929.14 Definite prison terms.

(A) Except as provided in division (C), (D)(1), (D)(2), (D)(3), (D)(4), (D)(5), (D)(6), (G), or (L) of this section and except in relation to an offense for which a sentence of death or life imprisonment is to be imposed, if the court imposing a sentence upon an offender for a felony elects or is required to impose a prison term on the offender pursuant to this chapter, the court shall impose a definite prison term that shall be one of the following:


2929.14 Definite prison terms.
(1) For a felony of the first degree, the prison term shall be three, four, five, six, seven, eight, nine, or ten years.

(2) For a felony of the second degree, the prison term shall be two, three, four, five, six, seven, or eight years.

(3) For a felony of the third degree, the prison term shall be one, two, three, four, or five years.

(4) For a felony of the fourth degree, the prison term shall be six, seven, eight, nine, ten, eleven, twelve, thirteen, fourteen, fifteen, sixteen, seventeen, or eighteen months.

(5) For a felony of the fifth degree, the prison term shall be six, seven, eight, nine, ten, eleven, or twelve months.

Of course I could be wrong - that's just the way I read it.
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seank
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Post by seank »

Thankfully your interpretation is different from that of the Sheriff's Dept and the County District Attorney, or the student wouldn't have been issued a CHL to defend himself. :)
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Post by SMMAssociates »

Hmmm.....

Isn't there a "timer" here, too, in other than DV or Assault on a Police Officer?

(Other than drugs, too?)

I.e., "within the last xx years"?

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Post by oldmic »

seank wrote:Thankfully your interpretation is different from that of the Sheriff's Dept and the County District Attorney, or the student wouldn't have been issued a CHL to defend himself. :)
True, indeed. My only interest, and the interest of this forum, is making sure people get accurate information. Perhaps you can share the name of the Sheriff that has that opinion.
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Post by Thug Hunter »

seank wrote:
Thug Hunter wrote:I don't handle CHL applications, but I am surprised to hear someone with a felony 5 conviction getting a CHL. I think this may be a mistake. Ohio's Weapons under disability law mentions specific crimes, mostly violence related. Federal law says something like convicted of a crime that has a possible sentence of a year in prison, even if no time is served.
I wouldn't be surprised if I was you.. you gave the answer to the puzzle in you post! lol
I mean I am surprised that Ohio law does not specifically say "No CHL for felons."
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Post by color of law »

A misdemeanor is 1 year or less under the Federal system.
ORC 2929.24 Definite jail terms for misdemeanors.

(A) Except as provided in section 2929.22 or 2929.23 of the Revised Code and unless another term is required or authorized pursuant to law, if the sentencing court imposing a sentence upon an offender for a misdemeanor elects or is required to impose a jail term on the offender pursuant to this chapter, the court shall impose a definite jail term that shall be one of the following:

(1) For a misdemeanor of the first degree, not more than one hundred eighty days;

(2) For a misdemeanor of the second degree, not more than ninety days;

(3) For a misdemeanor of the third degree, not more than sixty days;

(4) For a misdemeanor of the fourth degree, not more than thirty days.
Ohio rules of criminal procedures.
RULE 2. Definitions
As used in these rules:
(A) "Felony" means an offense defined by law as a felony.
(B) "Misdemeanor" means an offense defined by law as a misdemeanor.
(C) "Serious offense" means any felony, and any misdemeanor for which the penalty prescribed by law includes confinement for more than six months.
(D) "Petty offense" means a misdemeanor other than a serious offense.
Federal rules of criminal procedures.
Rule 7. The Indictment and the Information
(a) When Used.
(1) Felony. An offense (other than criminal contempt) must
be prosecuted by an indictment if it is punishable:
(A) by death; or
(B) by imprisonment for more than one year.
(2) Misdemeanor. An offense punishable by imprisonment for
one year or less may be prosecuted in accordance with Rule
58(b)(1).
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Post by spanishropes »

2923.125 D-1-e & f read (emphasis added):
(d) The applicant is not under indictment for or otherwise charged with a felony; 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; a misdemeanor offense of violence; or a violation of section 2903.14 or 2923.1211 of the Revised Code.
(e) 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; has not been adjudicated a delinquent child for committing an act that if committed by an adult would be a felony or would be 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; and has not been convicted of, pleaded guilty to, or adjudicated a delinquent child for committing a violation of section 2903.13 of the Revised Code when the victim of the violation is a peace officer, regardless of whether the applicant was sentenced under division (C)(3) of that section.
Paragraph 'd' addresses being charged with a felony, paragraph 'e' addresses being convicted of a felony. Read as written, a felony is a felony, regardless of degree.

If, in attempting to tie the word felony to only drug related charges and you chose to focus on the semi colon after the word 'felony' in paragraph 'd', versus the word "or" after the word 'felony' in paragraph 'e', then it would appear that being charged with a felony is a disqualifier but being convicted of a felony is not?

Just wouldn't make sense. I'm curious too...what county sheriff's office was it that issued a CHL to an applicant with a felony V conviction?
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Post by seank »

For the sake of the student I am definitely not saying where he got his CHL. Not even sure why you want to know except to bombard the Sheriff with phone calls, thus insuring the student will not be issued a renewal when the time comes.

I talked with the issuing LT. He said it was "close"...

So whatever that is supposed to mean.
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Post by oldmic »

seank wrote:For the sake of the student I am definitely not saying where he got his CHL. Not even sure why you want to know except to bombard the Sheriff with phone calls, thus insuring the student will not be issued a renewal when the time comes.

I talked with the issuing LT. He said it was "close"...

So whatever that is supposed to mean.
You're not sure why I want to know? All I know now is that some unknown student with an unknown felony applied in some unknown county, to an unknown sheriff, who approved his CHL, "but it was close". Not a whole lot to "hang a hat on" if you know what I mean.

The reason I asked is because you don't list your location, and it might help others who live in that area/county if they know the Sheriff is somewhat liberal in his interpretation, as most people understand it.
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