CCW Denial Questions.....

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CCW Denial Questions.....

Postby dmolique » Sun Oct 03, 2010 10:32 pm

I am curious if anybody knows why my application got denied for CCW. The letter stated that it was denied because of a F4 Theft Felony back on 10/2000. At the time i was a juvenile and age 15. I never got charged with the crime, but now it has been denied. I am now 25 and have not been in trouble since. I also went to the local gun shop and purchased a Smith and Wesson 40 Cal handgun. I also have done ride-along programs with 3 local police departments and they never denied me at all. I thought that if you had a felony, you could not purchase a firearm? How did i go on the ride-alongs and pass a background check? Please Help.....
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Re: CCW Denial Questions.....

Postby Morne » Sun Oct 03, 2010 10:43 pm

dmolique wrote:I never got charged with the crime, but now it has been denied.

Never got charged or never got convicted? Either way, you should be able to appeal the denial. But then again, the juvenile court system is a bit different...

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Re: CCW Denial Questions.....

Postby BobK » Sun Oct 03, 2010 11:29 pm

I see it is your first post, so WELCOME!

dmolique wrote:The letter stated that it was denied because of a F4 Theft Felony back on 10/2000. At the time i was a juvenile and age 15. I never got charged with the crime, but now it has been denied......

The letter from your sheriff was required to communicate your appeal options and procedure. You can also review that in the statutes at R.C. 2923.125 (D)(2)(b) and R.C. 2923.127.

Many juveniles at age 15 do not necessarily have a complete picture of the legal situation, and we have seen countless cases where people thought they had one thing but it turned out they were mistaken. I would suggest that you start with contacting the juvenile court and getting a certified copy of your case record.

If your case record shows you were convicted and that it your only offense, you can get your record sealed and then expunged. If it shows you were charged but not convicted, you can get the charge sealed and then expunged. If it shows you were never charged, then that is grounds for your challenge.

The only valid reasons for denying your CHL would be either a conviction, or something that showed you were still technically charged (case never closed or dismissed).

Anyway, you need to start with getting an accurate record from the original juvenile court.
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Re: CCW Denial Questions.....

Postby dmolique » Tue Oct 05, 2010 12:09 pm

UPDATE: I went to the juvenile court and they told me that i was charged and convicted of the crime. News to me after 10 years. I got a copy of the record and applyed for a sealed record and expungment. They said it takes 30 days. I also went and talked to the local sheriffs department and they stated that when i receive the letter from court, that they will issue the licsense. Thank you for the two replys on the subject. I will keep you informed. Thank You.
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Re: CCW Denial Questions.....

Postby willbird » Tue Oct 05, 2010 10:12 pm

How the heck can you be charged and convicted and not know it ?? I got in some trouble when I was a kid (breaking windows) and I had to go in front of the Judge.


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Re: CCW Denial Questions.....

Postby cashman966 » Tue Oct 05, 2010 11:02 pm

dmolique wrote:UPDATE: I went to the juvenile court and they told me that i was charged and convicted of the crime. News to me after 10 years. I got a copy of the record and applyed for a sealed record and expungment. They said it takes 30 days. I also went and talked to the local sheriffs department and they stated that when i receive the letter from court, that they will issue the licsense. Thank you for the two replys on the subject. I will keep you informed. Thank You.


Not trying to burst your bubble. While the Sheriff said they will issue your license, I'm not sure they have that discretion. Once the application has been properly denied the law states that you must wait a year to reapply. Since there was no error in the background check, you actually should lose the appeal.

2923.127 Challenging denial of license.

(A) If a sheriff denies an application for a license to carry a concealed handgun, denies the renewal of a license to carry a concealed handgun, or denies an application for a temporary emergency license to carry a concealed handgun as a result of the criminal records check conducted pursuant to section 311.41 of the Revised Code and if the applicant believes the denial was based on incorrect information reported by the source the sheriff used in conducting the criminal records check, the applicant may challenge the criminal records check results using whichever of the following is applicable:


Sealing the record after the fact seems not to meet the letter of the law since it states the sheriff should not consider the sealed records in making a determination. The determination has already been made.

2923.125(D)(5) 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 or sections 2953.31 to 2953.36 of the Revised Code or a court has granted the applicant relief pursuant to section 2923.14 of the Revised Code 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 temporary emergency license to carry a concealed handgun submitted under section 2923.1213 of the Revised Code, in making a determination under division (B)(2) of that section.


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Re: CCW Denial Questions.....

Postby willbird » Wed Oct 06, 2010 7:57 am

cashman966 wrote:
dmolique wrote:UPDATE: I went to the juvenile court and they told me that i was charged and convicted of the crime. News to me after 10 years. I got a copy of the record and applyed for a sealed record and expungment. They said it takes 30 days. I also went and talked to the local sheriffs department and they stated that when i receive the letter from court, that they will issue the licsense. Thank you for the two replys on the subject. I will keep you informed. Thank You.


Not trying to burst your bubble. While the Sheriff said they will issue your license, I'm not sure they have that discretion. Once the application has been properly denied the law states that you must wait a year to reapply. Since there was no error in the background check, you actually should lose the appeal.



Sherrifs seem to give themselves discretions all the time that they do not have, when it works out in our favor I'm all for it, but I worry that in the end, if you did have to use your gun, would a civil court case find that your license had been improperly issued ?? For instance some Sherrifs seem to feel they have the discretion to decide than people with NRA Instructor credentials do not need a CCW class, I know of one (Fulton) who does so, and we have heard of others here too that do. The law apparently is more flexible from the other side of the desk.



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