Cuyahoga County

If you have questions or know the answers to questions about the application and renewal process this forum is for you. Post your experiences or ask your new applicant questions here.

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JustaShooter
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Re: Cuyahoga County

Post by JustaShooter »

Brian D. wrote:One Ohio Attorney General stated for the record that the ORC language indeed meant 45 calendar days. I don't happen to recall which AG from the last 11 years said it.
I sure wish you had a cite for that.
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Re: Cuyahoga County

Post by djmac1964 »

Chuck wrote:Steve called me today and said his computer is broke and he still doesn't have his renewal
Tomorrow will be his 45th day, and he tells me that a very unpleasant lady at the sheriff's office told him that if you have an old ANYTHING on your record the law allows them an extra 30 days to make a determination.
I asked him to get her saying that on a recording and he is going back tomorrow

Steve asked me to make this post for him and apparently I'll be making an update for him about it tomorrow.
My advice to him was don't get arrested,,,,
Had the same conversation with Steve. He's not able to log in, and post on the forums right now, but said that he is able to read them. He would appreciate any help, or advice, that anyone could give him about how to go forward with this. He did mention something about talking to a lawyer.
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Re: Cuyahoga County

Post by Brian D. »

JustaShooter wrote:
Brian D. wrote:One Ohio Attorney General stated for the record that the ORC language indeed meant 45 calendar days. I don't happen to recall which AG from the last 11 years said it.
I sure wish you had a cite for that.
It was probably through these forums, when someone reported having trouble with one of the problem child counties. I believe when pressed the county asked for and got an opinion from the AG's office, which stated that 45 calendar days was indeed the correct interpretation.

Honestly that's nice and all but since each AG can have their own take on these subjects, not ultimately very helpful. Not like an actual court ruling would be, if someone had pressed the matter through the legal system.
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Re: Cuyahoga County

Post by Cruiser »

JustaShooter wrote:Having a very similar situation with a friend of mine and co-lead for the Medina gun shows. He's on day 47 (?) now, and the very unpleasant lady at the Summit County sheriff's office has told him that it is 45 business days not calendar days, and the clock doesn't start ticking until they begin processing the application.

Seems like there ought to be something we can do.
Where did they get this? :roll:
And this?
Chuck wrote:
Steve called me today and said his computer is broke and he still doesn't have his renewal
Tomorrow will be his 45th day, and he tells me that a very unpleasant lady at the sheriff's office told him that if you have an old ANYTHING on your record the law allows them an extra 30 days to make a determination.
I asked him to get her saying that on a recording and he is going back tomorrow

Steve asked me to make this post for him and apparently I'll be making an update for him about it tomorrow.
My advice to him was don't get arrested,,,,
Abandon ye all HOPE!
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Re: Cuyahoga County

Post by JustaShooter »

Cruiser wrote:
JustaShooter wrote:Having a very similar situation with a friend of mine and co-lead for the Medina gun shows. He's on day 47 (?) now, and the very unpleasant lady at the Summit County sheriff's office has told him that it is 45 business days not calendar days, and the clock doesn't start ticking until they begin processing the application.

Seems like there ought to be something we can do.
Where did they get this? :roll:
Good question! I can almost understand the 45 day controversy, but that bit about when the clock starts is completely wrong, no question. From ORC 2923.125 (D) (1)
(D)

(1) Except as provided in division (D)(3) of this section, within forty-five days after a sheriff's receipt of an applicant's completed application form for a concealed handgun license under this section, the supporting documentation, and, if not waived, the license fee, the sheriff shall make available through the law enforcement automated data system in accordance with division (H) of this section the information described in that division and, upon making the information available through the system, shall issue to the applicant a concealed handgun license that shall expire as described in division (D)(2)(a) of this section if all of the following apply:
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Re: Cuyahoga County

Post by WY_Not »

Still trying to figure out where they get this 45 business days crap. The code you cited says in black and white, "...within forty-five days after a sheriff's receipt...". It doesn't say 45 days from when processing starts. It doesn't say 45 business days from receipt. If people can't do their job as detailed in the law, they need to be fired. Whether you are a clerk in KY or a Sheriff in OH, leave your opinions at door and do your job as prescribed by law.
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Re: Cuyahoga County

Post by JustaShooter »

WY_Not wrote:Still trying to figure out where they get this 45 business days crap. The code you cited says in black and white, "...within forty-five days after a sheriff's receipt...". It doesn't say 45 days from when processing starts. It doesn't say 45 business days from receipt. If people can't do their job as detailed in the law, they need to be fired. Whether you are a clerk in KY or a Sheriff in OH, leave your opinions at door and do your job as prescribed by law.
I couldn't agree more - like I said, I can *almost* see it because it doesn't say one way or the other, but since it *doesn't* specify, the plain reading should be calendar days. (If you've never dealt with this person, she's a real piece of work and is doing this out of spite toward my friend. I'd love to be able to turn this around on her, but the process of filing a petition for a writ of mandamus allows her to dodge the issue by calling him up and saying "license is ready for pickup" as soon as she finds out.)
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Re: Cuyahoga County

Post by djthomas »

ORC 1.14 covers this issue rather thoroughly.

The only time anything coming close to a business day comes into play is if the final day to perform an act falls on a day in which the office is closed to the public, is a Sunday or legal holiday. Note also that the day you turn your application in does not count either. The clock starts the day after.
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Re: Cuyahoga County

Post by pirateguy191 »

^^^^ Nice.
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Re: Cuyahoga County

Post by steves 50de »

Computer crashed but i'am back in business now .

Here is the update of no issue of my chl i talked to my lawyer and we think it is better to file suit tuesday after the holiday to make sure they are past the 45 days. As the point made in dj thomas post you can't count the day you applied.
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Re: Cuyahoga County

Post by steves 50de »

I don't care if they issue next week and it comes in the mail this suit is going forward. :twisted:
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Re: Cuyahoga County

Post by WY_Not »

Hope you get your CHL soon but soooooo glad to hear that you are going forward with the lawsuit regardless.
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Re: Cuyahoga County

Post by steves 50de »

WY_Not wrote:Hope you get your CHL soon but soooooo glad to hear that you are going forward with the lawsuit regardless.
We have to show these people they are not above the law in court .

Case's like this need to be followed to the very end
if things are going to improve for all chl holders.
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Re: Cuyahoga County

Post by Brian D. »

Go get 'em Steve!
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Re: Cuyahoga County

Post by steves 50de »

Chl came saturday it was issued on sept 2 mailed on sept 4

They did issue before the 45 days but sat on the license for 2 more day before mailing :?: :roll:

They just pulled my chain to the limit they could get away with. :evil:
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