Permit denial

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Permit denial

Postby slidelock » Sun Jan 24, 2021 11:17 am

A coworker of mine was denied a permit by Sheriff Lavender of Ross County even tho my buddy has no convictions that rate a denial. No felonies, drugs or domestic violence. We may need MWSY or one of our attornies for this.
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Re: Permit denial

Postby JustaShooter » Sun Jan 24, 2021 1:06 pm

The sheriff is required to show cause in writing for any denial. Has your coworker received the denial letter?
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Re: Permit denial

Postby slidelock » Mon Jan 25, 2021 2:31 pm

No denial letter given. He was just told by the Sheriff, "I dont think you should have one.
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Re: Permit denial

Postby Cosmos » Mon Jan 25, 2021 10:10 pm

Go to an adjacent county to apply. (With the coronavirus, I believe all Ohio counties normally accept all CHL applications.)
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Re: Permit denial

Postby slidelock » Tue Jan 26, 2021 7:08 am

I will advise him of that option. I believe Sheriff Lavender should be held to the letter of the law. Could someone share the names and phone numbers of our attorneys?
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Re: Permit denial

Postby Jspit » Tue Jan 26, 2021 10:39 am

slidelock wrote:I will advise him of that option. I believe Sheriff Lavender should be held to the letter of the law. Could someone share the names and phone numbers of our attorneys?


I joined Uscca, they supposedly have access to attorneys specializing in CCW and self defense issues available for members.
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Re: Permit denial

Postby slidelock » Tue Jan 26, 2021 11:23 am

Update: Another coworker heard this discussion and related that he had been denied a ccw even tho he had a law enforcement certificate and a DD214. Is that legal or does he have to take the class?
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Re: Permit denial

Postby JustaShooter » Tue Jan 26, 2021 1:33 pm

slidelock wrote:Update: Another coworker heard this discussion and related that he had been denied a ccw even tho he had a law enforcement certificate and a DD214. Is that legal or does he have to take the class?

A DD214 may or may not qualify - different sheriffs view the requirement in Ohio law differently. ORC 2923.125 (B)(3)(d) says they need
(d) A document that evidences both of the following:

(i) That the applicant is an active or reserve member of the armed forces of the United States, has retired from or was honorably discharged from military service in the active or reserve armed forces of the United States, is a retired trooper of the state highway patrol, or is a retired peace officer or federal law enforcement officer described in division (B)(1) of this section or a retired person described in division (B)(1)(b) of section 109.77 of the Revised Code and division (B)(1) of this section;

(ii) That, through participation in the military service or through the former employment described in division (B)(3)(d)(i) of this section, the applicant acquired experience with handling handguns or other firearms, and the experience so acquired was equivalent to training that the applicant could have acquired in a course, class, or program described in division (B)(3)(a), (b), or (c) of this section.


So, if the DD214 doesn't show firearms quals, some own't accept it. Others require *handgun* quals, which does *not* follow the law in my opinion.

As to the "law enforcement certificate" it also depends on the details. For former law enforcement, it must have been issued within the past 10 years, and must comply with the following:

(b) An original or photocopy of a certificate of completion of a firearms safety, training, or requalification or firearms safety instructor course, class, or program that satisfies all of the following criteria:

(i) It was open to members of the general public.

(ii) It utilized qualified instructors who were certified by a national gun advocacy organization, the executive director of the Ohio peace officer training commission pursuant to section 109.75 or 109.78 of the Revised Code, or a governmental official or entity of another state.

(iii) It was offered by or under the auspices of a law enforcement agency of this or another state or the United States, a public or private college, university, or other similar postsecondary educational institution located in this or another state, a firearms training school located in this or another state, or another type of public or private entity or organization located in this or another state.

(iv) It complies with the requirements set forth in division (G) of this section.


If it is just an OPOTA certificate but they were not former law enforcement, the certificate must have been issued within the past 3 years.
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Re: Permit denial

Postby slidelock15 » Fri Jan 29, 2021 5:06 am

Does anyone have the name and number of our attorneys? I need them for my records and sharing with friends with problems like this.
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Re: Permit denial

Postby AzRanger » Mon May 24, 2021 7:35 am

slidelock wrote:A coworker of mine was denied a permit by Sheriff Lavender of Ross County even tho my buddy has no convictions that rate a denial. No felonies, drugs or domestic violence. We may need MWSY or one of our attornies for this.


Did he complete a CCW training class?
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Re: Permit denial

Postby slidelock » Mon May 24, 2021 4:34 pm

Yes, but he didn't get his paperwork back. I have given him the number of Derek Debrosse..
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Re: Permit denial

Postby docachna » Mon May 31, 2021 11:46 am

slidelock wrote:No denial letter given. He was just told by the Sheriff, "I dont think you should have one.


In case your friend hasn't already been so advised elsewhere, he should push the Sheriff to give him the required written cause for denial (I don't have the code section at hand requiring a written denial, but I'm sure someone can chime in). Any further communication with the Sheriff should be in writing, or put in writing to summarize a previous conversation. If he's playing fast-and-loose with the ORC, he'll play fast-and-loose with the truth on what your friend said.

It could be that if your friend backs him into a corner on the written denial, he'll suddenly "change his mind".

Or, like others said, perhaps your friend can just go to an adjoining county. Good luck.
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Re: Permit denial

Postby JustaShooter » Mon May 31, 2021 6:50 pm

docachna wrote:
slidelock wrote:No denial letter given. He was just told by the Sheriff, "I dont think you should have one.


In case your friend hasn't already been so advised elsewhere, he should push the Sheriff to give him the required written cause for denial (I don't have the code section at hand requiring a written denial, but I'm sure someone can chime in).

From ORC 2923.125 (D)(2)
(b) If a sheriff denies an application under this section because the applicant does not satisfy the criteria described in division (D)(1) of this section, the sheriff shall specify the grounds for the denial in a written notice to the applicant...

https://codes.ohio.gov/ohio-revised-cod ... n-2923.125

The sheriff has no discretion - either issue the license or deny *for cause* in writing.
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Re: Permit denial

Postby s2h_euclid » Wed Jul 14, 2021 7:44 pm

I was denied in writing by Mahoning County for "multiple drug convictions"
Every charge I had in the past has been expunged
My expungement attorney explained to me and to the Sherriff's dept that my expunged convictions are not disqualifying.
Bottom line, they quit talking to me..
They just didn't want to issue one to me.
I think this is more common than people realize.
I have an appointment with another county now.
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Re: Permit denial

Postby JustaShooter » Thu Jul 15, 2021 7:17 am

s2h_euclid wrote:I was denied in writing by Mahoning County for "multiple drug convictions"
Every charge I had in the past has been expunged
My expungement attorney explained to me and to the Sherriff's dept that my expunged convictions are not disqualifying.
Bottom line, they quit talking to me..
They just didn't want to issue one to me.
I think this is more common than people realize.
I have an appointment with another county now.

Given it is Mahoning County it doesn't really surprise me. Another option would have been to fight it there, possibly with a writ of mandamus or other legal means. That takes time and treasure, which is why most people don't. Unfortunately, fighting them is the only way to change them and compel them to follow the law.
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