ccw denial

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mike8541
Posts: 3
Joined: Mon May 05, 2014 11:28 am

ccw denial

Post by mike8541 »

HI,

IM NEW TO THE FORUM SO ANY HELP WOULD BE APPRECIATED. I HAD MY CCW (SUMMIT COUNTY) FOR ABOUT 3 YRS WHEN IT WAS AUTOMATICALLY SUSPENDED 3YRS FOR AGGRAV. MENACING. I WENT DOWN AND APPLIED FOR A NEW ONE AT THE END OF MARCH AND WAITED. GAVE IT ABOUT 5 WEEKS AND CALLED THE SHERIFFS DEPT AND THEY SAID I HAD A LETTER WAITING TO BE PICKED UP. I HAD BEEN DENIED FOR : WEAPONS WHILE INTOXICATED.

IS SAYS I HAVE A NOTICE OF APPEAL FILED WITH THE SHERIFF AND THE COURT WITHIN 15 DAYS.

THE QUESTION IS, HOW DO I FILE WITH THE COURT AND WHAT DO I NEED? AND ALSO SHOULD I HAVE AN ATTORNEY DO IT FOR ME? DOES ANYONE KNOW OF ONE IN THE AKRON AREA THAT HAS DEALT WITH THESE ISSUES?
A_F
Posts: 361
Joined: Tue Jun 28, 2011 6:51 pm

Re: ccw denial

Post by A_F »

I'd say your chances are slim and none, and slim just left town.

If you want to go for it, go ahead though. I would use an attorney so it's done right.

So you were intoxicated at the time you were charged with aggravated menacing? What made it aggravated?
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JediSkipdogg
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Re: ccw denial

Post by JediSkipdogg »

A_F wrote:I'd say your chances are slim and none, and slim just left town.

If you want to go for it, go ahead though. I would use an attorney so it's done right.

So you were intoxicated at the time you were charged with aggravated menacing? What made it aggravated?
The ORC is very strict on what can and a cannot be denied. So it's not up to an appeals judge or even the sheriff really.

To Mike....what exactly have you all been convicted of in your life? Do you know the Ohio Revised Code section numbers associated with such convictions?
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I am not a lawyer. My answers are based on research, knowledge, and are generally backed up with facts, the Ohio Revised Code, or the United States Code.
mike8541
Posts: 3
Joined: Mon May 05, 2014 11:28 am

Re: ccw denial

Post by mike8541 »

HI EVERYONE,

THANKS FOR THE RESPONSES. I HAVENT CHECKED THIS SINCE I POSTED ORGINALLY SO I APOLOGIZE.
AS FOR MY OTHER STUPID THINGS IN THE PAST I HAD A DUI IN 2000, AND LOUD MUSIC CHARGE IN 2006 BOTH IN CALIFORNIA. AND THEN THE ONLY OTHER THING IS WHAT IVE ALREADY TOLD YOU ABOUT.
I JUST TALKED TO THE butt. PROS. OFFICE TODAY AND HE TOLD ME THAT IT WAS UNLIKELY BUT HE WOULD CONTACT THE SHERIFF AND GET THEIR TAKE ON IT.
I TOLD HIM THAT I HAVENT DRANK SINCE THE INCIDENT OCCURED, ALSO THAT IM NOW AN ORDAINED MINISTER, NRA CCW INSTRUCTOR AND RECENTLY GOT MY FFL 03. SO I GUESS ILL JUST HAVE TO WAITE AND SEE.

THE AGGRAVATED PART WAS BECAUSE THE FACT THAT I COULD HAVE INFLICTED BODILY HARM , ETC.
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BobK
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Location: Houston TX (formerly Franklin County)

Re: ccw denial

Post by BobK »

I see it is your first post, so welcome to the forum.

There are people here who will do our best to help you.

These issues are very picky and the devil is in the details. I agree with JediSkipdogg that you need to list the exact convictions and conviction dates if our input is to be useful.

For example, R.C. 2923.15(A) would be the conviction for using weapons while intoxicated.

Exact statute references and conviction dates. It doesn't matter what you have been charged with, it is convictions that count. You can look your own record up on the county clerk website for most counties if you do not remember the exact statute or date.
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mike8541
Posts: 3
Joined: Mon May 05, 2014 11:28 am

Re: ccw denial

Post by mike8541 »

I TALKED TO THE ASST. PROS. ATT. TODAY AND HE TOLD ME THAT THERE WAS NOTHING HE COULD DO. THE SHERIFFS DEPT HAS THE RIGHT NOT TO ISSUE BASED ON THE INTOXICATED CHARGE. HE SAID THAT ONLY IF I GET IT EXPUNGED OR FILE FOR A WEAPONS DISABILITY RELIEF, IM STUCK.
BUT THE PROBLEM IS THAT I HAVE 3 SEPERATE CONVICTIONS OVER THE YEARS SO WITH EXPUNGEMENT YOU CAN ONLY HAVE A TOTAL OF 2 AND I THOUGHT THE DISABILITY RELIEF WAS ONLY FOR FELONS.
CAN ANYONE HELP?
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