Application Question

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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dwright0723
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Application Question

Post by dwright0723 »

Hello,

I have a few questions about my application, before I turn it in. In section IV, it ask for all of your residence since you were 18. I lived in NC for several years, as I went down there for college, but I have always retained my Ohio address, and drivers license. I worked while I was down there, so I did file NC taxes. I moved around to several places, with friends from school and such, and I can't exactly remember the addresses. I'm sure I could find them, but is it necessary since I've always had my OH license, and my OH address?

In section III, it ask: Have you lived in Ohio for the past 5 years or more? Again, should I say yes, since I've maintained my Ohio address and license, or no since I was down there for many years?

Thanks!
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Cosmos
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Re: Application Question

Post by Cosmos »

My understanding is if you filed taxes in another state, especially a non-adjoining state, you cannot legally claim Ohio residence outside of the military. If this time period falls within the last five years, my advice would be to not claim you lived in Ohio. It is only a few extra dollars to stay legal on the application and avoid issues. As for the exact addresses, just put down the information to the best of your ability. They are really only interested in city, county and state anyway.
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dwright0723
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Re: Application Question

Post by dwright0723 »

Ahh really? I didn't know that. I always put down my Ohio address as my only address, on applications and other things requiring background checks. Whoops! Thanks for the info! Didn't want to do anything that would cause trouble in my app!
dwright0723
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Re: Application Question

Post by dwright0723 »

Just in case anyone else has a similar situation in the future, I asked the lady at the counter this question, and she asked if I maintained my Ohio license the whole time. I told her yes, and she said I was fine to just use my Ohio address, and I could check that I've been a resident for 5 or more years. App went through without a hitch!
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MyWifeSaidYes
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Re: Application Question

Post by MyWifeSaidYes »

dwright0723 wrote:...she said I was fine to just use my Ohio address, and I could check that I've been a resident for 5 or more years...
That was bad advice from her.
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dwright0723
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Re: Application Question

Post by dwright0723 »

Not sure why it was bad advice. She verified it with the sheriff standing next to her. Didn't cause any issues with the process. I'm sure thats not the first time they've dealt with something like this.
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BobK
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Re: Application Question

Post by BobK »

MyWifeSaidYes wrote:
dwright0723 wrote:...she said I was fine to just use my Ohio address, and I could check that I've been a resident for 5 or more years...
That was bad advice from her.
I have a different opinion.

It is already well established that students who reside temporarily elsewhere can and do maintain their residence at their parent's house. This is true whether in-state or out-of-state. For example, an Ashtabula youth attending The Ohio State University is not required to change the address on their Ohio driver license, nor register to vote in Franklin County. Their "residence" of record continues to be back home in Ashtabula.

Same principle applies if said student turns traitor and attends that school up north. No official change in residence required, even though that is a different state.

So lets look at the "State of Ohio Application for License to Carry a Concealed Handgun".

The relevant language is:
SECTION IV
YOU MUST COMPLETE THIS SECTION OF THE APPLICATION BY PROVIDING, TO THE BEST OF YOUR KNOWLEDGE, THE ADDRESS OF EACH PLACE OF RESIDENCE AT WHICH YOU RESIDED AT ANY TIME AFTER YOU ATTAINED 18 YEARS OF AGE AND UNTIL YOU COMMENCED YOUR RESIDENCE AT THE LOCATION IDENTIFIED IN SECTION II OF THIS FORM, AND THE DATES OF RESIDENCE AT EACH OF THOSE ADDRESSES. IF YOU NEED MORE SPACE, COMPLETE AN ADDITIONAL SHEET WITH THE RELEVANT INFORMATION, ATTACH IT TO THE APPLICATION, AND NOTE THE ATTACHMENT AT THE END OF THIS SECTION.
Since the OP maintained Ohio residency during those college years, his Ohio addresses are the only residency addresses that need to be reported. Since he has a continuous Ohio residency, then section III, questions 2 and 3 should be answered "Yes".
(2) Have you been a resident of Ohio for at least 45 days and a resident of the county of application (or an adjacent county) for at least 30 days?
(3) Have you lived in Ohio for the past five years or more?
Thus, I conclude the OP was properly instructed by the Sheriff office.
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Re: Application Question

Post by mreising »

I agree with BobK. One could maintain Ohio residency, attend school in another state and work in that state while there, thus owing taxes in that state if that is how their taxes are structured. I was doubly screwed when I was in school as I had to pay Missouri taxes, where I attended school and worked and also had to pay tax in Illinois. It was only in the tens of dollars but I put one staple for every dollar on the check I sent to Illinois. I'm sure I'm on a list somewhere, even after 40 years. Glad to get out of that state.
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MyWifeSaidYes
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Re: Application Question

Post by MyWifeSaidYes »

I don't know what definition of "residence" everyone else seems to be using (maybe IRS ?), but I'm using R.C. 2901.05(D)(3):
"Residence" means a dwelling in which a person resides either temporarily or permanently or is visiting as a guest.
I don't have any case law to support that usage under Chapter 2923, but it's likely as that seems to be the only place in Title 29 that defines "residence"

In the section that BobK quoted, he highlighted the word 'residence'.

In my opinion, the words "EACH" and "AT ANY TIME" are operative:
...THE ADDRESS OF EACH PLACE OF RESIDENCE AT WHICH YOU RESIDED AT ANY TIME AFTER YOU ATTAINED 18 YEARS OF AGE...
You may not be a CITIZEN of a state you are visiting, but you can be a RESIDENT.

AND, just because you RESIDE in another state temporarily, you haven't given up your Ohio RESIDENCE...you just have more than one...

...and EACH ONE needs to be put on your application.

But IANAL and I may be wrong, but I'll continue to recommend putting ALL your residency info on your application.
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