ORC 2925.11

[pirateguy191]

I had a student come through class this weekend that had a roach in his vehicle and plead guilty to a minor misdemeanor 2925.11 back in 1999. He received a ticket. Is this an automatic denial for an Ohio CHL?

(7A) Are you under indictment for, or otherwise charged with, or have you been convicted of, or pleaded
guilty to an offense under ORC 2925, 3719, or 4729, that involves illegal possession, use, sale,
administration, distribution of, or trafficking in a drug of abuse?

[glocksmith]

FWIW....SWIM got one of these "pot tickets" and still was able to get their CHL....although IIRC the time elapsed between the conviction and their application for a CHL was more like 20 years. Might be a discretionary thing for the Sheriff.

[JediSkipdogg]

FWIW....SWIM got one of these "pot tickets" and still was able to get their CHL....although IIRC the time elapsed between the conviction and their application for a CHL was more like 20 years. Might be a discretionary thing for the Sheriff.

There is no discretion for the sheriff. They either meet the qualifications or they do not.

I had a student come through class this weekend that had a roach in his vehicle and plead guilty to a minor misdemeanor 2925.11 back in 1999. He received a ticket. Is this an automatic denial for an Ohio CHL?

(7A) Are you under indictment for, or otherwise charged with, or have you been convicted of, or pleaded
guilty to an offense under ORC 2925, 3719, or 4729, that involves illegal possession, use, sale,
administration, distribution of, or trafficking in a drug of abuse?

2923.125(D)(5)...

(5) If an applicant has been convicted of or pleaded guilty to a minor misdemeanor offense or has been adjudicated a delinquent child for committing an act or violation that is a minor misdemeanor offense, the sheriff with whom the application was submitted shall not consider the conviction, guilty plea, or adjudication in making a determination under division (D)(1) or (F) of this section or, in relation to an application for a concealed handgun license on a temporary basis submitted under section 2923.1213 of the Revised Code, in making a determination under division (B)(2) of that section.

So one still answers yes, but when the background check returns the sheriff cannot deny.

[pirateguy191]

Thanks Jedi.

[djthomas]

There is no discretion for the sheriff. They either meet the qualifications or they do not.

Except that when it comes to drugs there is some discretion to deny under 2923.125 (D)(2)(b) if the sheriff believes that the applicant is in fact an unlawful user of or addicted to a controlled substance, notwithstanding the applicant's certification in (D)(1)(o). A weed ticket from 20 years ago? Meh, probably not. But he might have a case if you've had a couple, especially anything recent. Bonus points if you stumble into the office smelling like Lakewood's Daystar Botique.

As you correctly note though, if the applicant has a statutorily prohibiting conviction the sheriff has no discretion to ignore that.

[JustaShooter]

So one still answers yes, but when the background check returns the sheriff cannot deny.

No, one answers "No" if it is an MM or has been sealed, etc, and it is not a disqualifier:

From the application:

FOR THE FOLLOWING QUESTIONS 6, 7A, 7B, DO NOT INCLUDE ANY CONVICTION FOR WHICH A COURT HAS
ORDERED SEALED OR EXPUNGED OR RELATIVE TO WHICH A COURT HAS GRANTED RELIEF FROM DISABILITY
PURSUANT TO ORC 2923.14, OR A CONVICTION FOR A MINOR MISDEMEANOR LEVEL OFFENSE.

[JediSkipdogg]

So one still answers yes, but when the background check returns the sheriff cannot deny.

No, one answers "No" if it is an MM or has been sealed, etc, and it is not a disqualifier:

From the application:

FOR THE FOLLOWING QUESTIONS 6, 7A, 7B, DO NOT INCLUDE ANY CONVICTION FOR WHICH A COURT HAS
ORDERED SEALED OR EXPUNGED OR RELATIVE TO WHICH A COURT HAS GRANTED RELIEF FROM DISABILITY
PURSUANT TO ORC 2923.14, OR A CONVICTION FOR A MINOR MISDEMEANOR LEVEL OFFENSE.

Thanks for pointing that out. I haven't read an application in a while and was going by just what was posted originally from that question not knowing there was more to it (which even has the answer.)

[pirateguy191]

By the way, he's a 65 year old gent that finally wants to carry legally.