45 days?

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Pukindog12
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45 days?

Post by Pukindog12 »

From what I can ascertain the state of Ohio has up to 45 days to let you know about your applied/renewal CCW status but I can't seem to find if it is actual calendar days or business days.

Which is it?

Thanks.
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pirateguy191
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Re: 45 days?

Post by pirateguy191 »

It's calendar days. Someone smarter will be along to tell you why.
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JediSkipdogg
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Re: 45 days?

Post by JediSkipdogg »

1.14 Excluding first and including last day - legal holidays.

The time within which an act is required by law to be done shall be computed by excluding the first and including the last day; except that, when the last day falls on Sunday or a legal holiday, the act may be done on the next succeeding day that is not Sunday or a legal holiday.

When a public office in which an act, required by law, is to be performed is closed to the public for the entire day that constitutes the last day for doing the act or before its usual closing time on that day, the act may be performed on the next succeeding day that is not a Sunday or a legal holiday as defined in this section.



That says nothing about business days so it must be done in 45 consecutive days, they actually may take 46 or 47 days if the final two days happen to be holidays (thinking Christmas.)

The slight issue I've heard is one minor interpretation of....

(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:

I've heard there is one county in Ohio that claims they have 45 days from the day they receive the background check back. Granted, it should be near instant, as in same day they ran it, unless one has bad hands, but that little clause could be the kicker in some counties. If they get a delay on NICS or I have a some borderline crime on my record, when does the time start? After all, they do not have all "supporting documentation" to start the clock.
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catfish86
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Re: 45 days?

Post by catfish86 »

Boiled down, add 45 days to the current date or date in question and if that falls on a weekend you have the first business day after the weekend (usually Monday but not always).

As a practical matter I have a "Julian Calendar" pinned up on my desk (see link below). There is a second page for leap year because there is a 29th day in February that year. It simply is a chart with the day number of the month on one axis and the month name on the other. When you pinpoint a date/month, for example Feb 19 is the 50th day of the year. Add 45 to that and you end up with 95 days which is April 5th. However for this year, it is leap year and that means that the 95th day of the year is April 4th.

http://www.fs.fed.us/fire/partners/fepp ... lendar.pdf
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MyWifeSaidYes
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Re: 45 days?

Post by MyWifeSaidYes »

JediSkipdogg wrote:...
The slight issue I've heard is one minor interpretation of....

(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:

I've heard there is one county in Ohio that claims they have 45 days from the day they receive the background check back. Granted, it should be near instant, as in same day they ran it, unless one has bad hands, but that little clause could be the kicker in some counties. If they get a delay on NICS or I have a some borderline crime on my record, when does the time start? After all, they do not have all "supporting documentation" to start the clock.
Where have you heard of this happening? Which county?

:?
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pirateguy191
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Re: 45 days?

Post by pirateguy191 »

That was Summit County wasn't it?
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JustaShooter
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Re: 45 days?

Post by JustaShooter »

I'm familiar with one incident with Summit county where someone was told on a renewal that the 45 days didn't start until they got the results of the background check back. Same incident, person was told that the 45 days was business days.
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Re: 45 days?

Post by catfish86 »

JustaShooter wrote:I'm familiar with one incident with Summit county where someone was told on a renewal that the 45 days didn't start until they got the results of the background check back. Same incident, person was told that the 45 days was business days.
The People Republic of Summit County is rather unique in Ohio in a lot of ways, I call them the Louisiana of Ohio...

They don't have a County Recorder...Fiscal Officer.
Instead of a County Officer...FIscal Officer.

The list goes on...

I have dealt with their legal system personally and professionally and I can't tell you the number of times I ran into REALLY different interpretations of basic laws that I have not seen anywhere else.
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Grant me the serenity to accept the things I cannot change,
the courage to change the things I can
and the Wisdom to know the difference.

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Re: 45 days?

Post by Brian D. »

pirateguy191 wrote:That was Summit County wasn't it?
Too bad OFCC doesn't have someone in Summit County that could help straighten them out on matters like this.
Quit worrying, hide your gun well, shut up, and CARRY that handgun!

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Re: 45 days?

Post by NavyChief »

Just pulled from a facebook thread (as if the "business days" b-s wasn't bad enough):
Okay, here is an update on our “situation”. Once having the specific legal code and verbiage I contacted the Richland County Sheriff’s office again. I was told by the secretary that although the code reads receipt of the completed application form it is actually based on the application process which is not complete until the background checks and fingerprint results are received. From that point the 45 days begins. I argued based on the legal code verbiage but she was firm with her stance. I then spoke with a supervisor named Sargent Gunder. He indicated the local and state background checks came back fine but the next check, which checks with Interpol and the FBI, came back with a hit. He said the FBI hit then had to be resolved. I assume this is related to a previous identity theft case but the Sargent was unable to confirm. He explained that all this was resolved on May 2nd and, therefore, they were unable to begin the application process until then. He declared that the starting date of the 45 days would have begun May 2nd; therefore they are within the allotted time period by law. He estimated the license should be processed and available by the end of the week. I certainly hope it is as the woman I spoke with prior to him indicated he would be leaving for vacation next week.
Still very frustrated, but hopefully moving forward; even if at a snail’s pace.
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Re: 45 days?

Post by JustaShooter »

NavyChief wrote:Just pulled from a facebook thread (as if the "business days" b-s wasn't bad enough):
Okay, here is an update on our “situation”. Once having the specific legal code and verbiage I contacted the Richland County Sheriff’s office again. I was told by the secretary that although the code reads receipt of the completed application form it is actually based on the application process which is not complete until the background checks and fingerprint results are received. From that point the 45 days begins. I argued based on the legal code verbiage but she was firm with her stance. I then spoke with a supervisor named Sargent Gunder. He indicated the local and state background checks came back fine but the next check, which checks with Interpol and the FBI, came back with a hit. He said the FBI hit then had to be resolved. I assume this is related to a previous identity theft case but the Sargent was unable to confirm. He explained that all this was resolved on May 2nd and, therefore, they were unable to begin the application process until then. He declared that the starting date of the 45 days would have begun May 2nd; therefore they are within the allotted time period by law. He estimated the license should be processed and available by the end of the week. I certainly hope it is as the woman I spoke with prior to him indicated he would be leaving for vacation next week.
Still very frustrated, but hopefully moving forward; even if at a snail’s pace.
emphasis added
See also this thread: 65 days and counting which appears to be posted by the same individual as the FB post.
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Re: 45 days?

Post by MyWifeSaidYes »

Can someone confirm that Summit county still does that?
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Re: 45 days?

Post by JustaShooter »

MyWifeSaidYes wrote:Can someone confirm that Summit county still does that?
I'll check with Chris and verify it happened to him on his most recent renewal and will let you know.
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Re: 45 days?

Post by MyWifeSaidYes »

JustaShooter wrote:
MyWifeSaidYes wrote:Can someone confirm that Summit county still does that?
I'll check with Chris and verify it happened to him on his most recent renewal and will let you know.
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Re: 45 days?

Post by JustaShooter »

MyWifeSaidYes wrote:
JustaShooter wrote:
MyWifeSaidYes wrote:Can someone confirm that Summit county still does that?
I'll check with Chris and verify it happened to him on his most recent renewal and will let you know.
Image
Yes, Chris confirmed that Officer Munday told him at his renewal late last year that not only was it 45 business days, that the days didn't start counting until they got the results back. He said he might still have an email where she said that, but that it might have been a verbal exchange, he can't remember.
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