OhioMike wrote:I was denied a CWP in Ohio due to a Felony conviction over 25 years ago. I
since had my record sealed (Expunged) but Ohio mandates that a sheriff look
at a sealed record when granting a license. Today that same offense would be
a misdemeanor in Ohio.
I think your bigger problem is that unless I am mistaken, it is illegal for you to own a firearm in Ohio anyway because of the felony.
mikebaby
Nope. He had his civil rights restored through the miracle of something called expungement. It's a wonderful thing really (and no, I'm not being sarcastic) - if someone has led a life as an upright productve citizen, the criminal record can be made to go away. Except in Ohio, it doesn't really - it only "sort of" seals the court records. And for some reason, the powers that be slipped a little verbiage into the final version of HB12 that mandates unsealing those records for a little "look-see," and if you've been convicted of something someone finds particularly repulsive, you're application for a CHL is denied, notwithstanding the full restoration of your civil rights.
I'm not sure why this is such a sore point with me - I don't have a dog in this hunt. But it is. It just don't seem right. I've researched it some, and all I've come up with is prior to '87 Ohio had true expungement. The law was changed in that year to what it is currently. I can't figure out why, which is probably the key to any change...
Total repeal of ALL firearms/weapons laws at the local, state and federal levels. Period. Wipe the slate clean.
robbeaudin wrote:Mike go for a Utah Permit you will likely get approved if it happened a long time ago. I had a Criminal Trespassing as a Juvenile and a consumption charge when I was an adult. I was told Ohio would likely deny me. I applied for a Utah Permit and sure enough it was in my mailbox in seven days. Unlike Ohio Utah weighs how long it has been since your last offense as well as circumstances and pattern of infractions. Unless of course you are a felon trying to get a permit. Utah BCI looks at the whole picture not just at the fact that you had an infraction.
These convictions should not deny you an Ohio CHL. I'm assuming by consumption you are talking about alcohol, right? Both of those are misdemeanors, are not drug charges, and are not domestic violence charges. You should be good to go.
NavyChief wrote:And for some reason, the powers that be slipped a little verbiage into the final version of HB12 that mandates unsealing those records for a little "look-see," . . .
I must correct myself. Current ORC (applicable is 2923.125(D)(1)(e) & (f) ) does not mandate unsealing said records. This is solely an AG opinion. It actually gets pretty complicated, and I'm not going to post all the relevant links. If you look into expungement/sealing, you find that they can be opened "for investigative purposes." So, even though a person's rights have been restored, and they are allowed to answer "No" to any questions regarding a possible prior conviction, "No" doesn't really mean "No."
Total repeal of ALL firearms/weapons laws at the local, state and federal levels. Period. Wipe the slate clean.
Start by getting your record "Sealed". I do not know your exact details but once
you get this you can legally purchase firearms in Ohio. If you have a Felony
do not even go to a gun show to wander around as you could be in for a hard time.
I have my record "Sealed" and have an attorney working on getting my Ohio license. I
have been granted a "Non Resident" CWP from 2 other states that have reciprocity
with Ohio. When I filed for both licenses I checked that I was convicted of a Felony
and described the issue in detail. I also included a copy of the original arrest
record and my Ohio "Expungement" documents. I had no problem getting these licenses
and I made sure that all details were documented in my applications.
Ohio seems to be the ONLY state that takes this stance. We really have some [expletive deleted] laws.
I guess we need to PAY ATTENTION to the politicians who had a hand in any of the goofy
Ohio laws and simply VOTE THEM OUT when they come up for election.
What is really sad is that the Federal Government looks at me now as if my offense
"Never Happened" and is actually retroactive. If I could shave a few years off of myself
I could apply for a position in the FBI but I could not be a State Trooper
OhioMike wrote:
I could apply for a position in the FBI but I could not be a State Trooper
Pretty bizarre when you think about it
You would not want to be an FBI agent,would you? They only kill women and children then show us pictures of Hi Jackers two hours after they crash airplanes. Not a respectable occupation if you ask me.
OhioMike wrote:I guess we need to PAY ATTENTION to the politicians who had a hand in any of the goofy Ohio laws and simply VOTE THEM OUT when they come up for election.
Mike -
I'd say it's a safe bet they're all long gone by now, since it was '86-'87 time frame when this whole sealing/expungement thing got hosed up. BTW, I really don't know where else to go with this right now. Somewhere I'm sure there's some type of history on why this was changed. I'm sure that's key to understanding it, and perhaps changing it. But if it ain't on the internet (and it doesn't appear to be) I'm pretty much at a dead end from down here...
Total repeal of ALL firearms/weapons laws at the local, state and federal levels. Period. Wipe the slate clean.
NavyChief wrote:I'm pretty much at a dead end from down here...
Floriday often seems to be that way, but at least the weather's nice...
TunnelRat
"Applying the standard that is well established in our case law, we hold that the Second Amendment right is fully applicable to the States." ~ McDonald v. Chicago
When your only tools are a hammer and sickle, every problem starts to look like too much freedom.
mikebaby wrote:
I think your bigger problem is that unless I am mistaken, it is illegal for you to own a firearm in Ohio anyway because of the felony.
mikebaby
You are totally wrong
Once you are granted an "Expungement" (Read Sealed Record in Ohio) your
firearms rights are REINSTATED. You can legally purchase and own a firearm.
The problem is that Ohio has seen fit to create legislation that basically
nullifies any "Expungement" when it comes to obtaining an Ohio CWP
What, you have not read any other threads in this forum?
I missed being born in Tampa by about 50 days. My mom got sick of the bugs and headed back to the hills. My dad was a foreman in a plywood factory there and he loved it,lots of hunting and fishing back then. This is as close to Florida as I have ever been.
