BCI delaying CCW APPS

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ohiopicker
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BCI delaying CCW APPS

Post by ohiopicker »

I turned my CCW APP in on 6/21/21 to the Pickaway County Sheriff Dept, on 8/27 I went to PCSO in person as they never returned my call about delay, I was told by the officer in charge of CCW that BCI was at fault and not PCSO, I was told by Officer that when she calls BCI about delays they actually hang up on her. She also stated PCSO checks on me were clean as ive never been arrested for anything 100% law abiding citizen.Im stumped on what to do next, Is anybody else having this issue? What also stumps me is two folks showed up to pick thier lisence up while i was waiting on 8/27. Any advice would be greatly appreciated.
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Re: BCI delaying CCW APPS

Post by JustaShooter »

I've heard similar reports from others - but somehow, other counties are able to issue licenses within the timeframe specified in Ohio law.

My only suggestion is to go back and tell them the law doesn't give them an exception for delayed results from BCI. They are required to issue the license or deny for legal cause in writing within 45 calendar days of you submitting the application.

The relevant section of Ohio law is from ORC 2923.125
(D)(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:
https://codes.ohio.gov/ohio-revised-cod ... n-2923.125" onclick="window.open(this.href);return false;
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Re: BCI delaying CCW APPS

Post by Brian D. »

Welcome to our forums, ohiopicker. There is a legal remedy known as a writ of mandamus, which in situations like this force officials to perform their duties under the Ohio Revised Code. You might mention this to the sheriff's office. Ask for directions to the Clerk of Courts office, and for good measure the county prosecutor's office.

Whether you'll need to follow through the process should be evident by how the sheriff's office reacts to this idea.
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ohiopicker
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Re: BCI delaying CCW APPS

Post by ohiopicker »

Thanks fellas, well it didnt go to well when i went back to PCSO wasnt treated very well rolling of eyes sighs etc, basically they told me to take it up with BCI since its thier fault according to them, now they the PSCO will prolly blacklist me for letting them know they are breaking the law and technically putting my life in danger. Now i was told it would take 75 business days which im not far from guess ill wait till then, Wondering if this isnt some sort of political persecution sure seems odd.Stay safe out there folks.
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Re: BCI delaying CCW APPS

Post by WY_Not »

Why wait? They have 45 days, period. No ifs, ands, or buts. At that point they are either supposed to issue or provide written cause for denial. Might just be me but if a Sheriff and his office can't follow the law then that needs to be broadcast far and wide as loudly as possible. As soon as you left, you should have gone to the Clerk of Courts.
ohiopicker wrote:Thanks fellas, well it didnt go to well when i went back to PCSO wasnt treated very well rolling of eyes sighs etc, basically they told me to take it up with BCI since its thier fault according to them, now they the PSCO will prolly blacklist me for letting them know they are breaking the law and technically putting my life in danger. Now i was told it would take 75 business days which im not far from guess ill wait till then, Wondering if this isnt some sort of political persecution sure seems odd.Stay safe out there folks.
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Re: BCI delaying CCW APPS

Post by JustaShooter »

WY_Not wrote:Why wait? They have 45 days, period. No ifs, ands, or buts. At that point they are either supposed to issue or provide written cause for denial. Might just be me but if a Sheriff and his office can't follow the law then that needs to be broadcast far and wide as loudly as possible. As soon as you left, you should have gone to the Clerk of Courts.
Another option would be to talk to the Sheriff himself and let him know his clerk isn't following Ohio law. Don't know if that will get you any farther, but it's an option.
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Re: BCI delaying CCW APPS

Post by WY_Not »

Maybe but if the Deputy/clerk is behaving in such a manner it is generally because they are in an environment/culture that allows/encourages such behavior. That environment/culture is created and guided from the top down.
JustaShooter wrote:
WY_Not wrote:Why wait? They have 45 days, period. No ifs, ands, or buts. At that point they are either supposed to issue or provide written cause for denial. Might just be me but if a Sheriff and his office can't follow the law then that needs to be broadcast far and wide as loudly as possible. As soon as you left, you should have gone to the Clerk of Courts.
Another option would be to talk to the Sheriff himself and let him know his clerk isn't following Ohio law. Don't know if that will get you any farther, but it's an option.
Learn how Project Appleseed is supporting freedom through Marksmanship and Heritage clinics.
Samuel Adams wrote:If ye love wealth better than liberty, the tranquility of servitude better than the animating contest of freedom, go home from us in peace. We ask not your counsels or your arms. Crouch down and lick the hands which feed you. May your chains set lightly upon you, and may posterity forget that you were our countrymen.
ohiopicker
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Re: BCI delaying CCW APPS

Post by ohiopicker »

well mine finally came through , stay safe out there folks...
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Re: BCI delaying CCW APPS

Post by JustaShooter »

WY_Not wrote:Maybe but if the Deputy/clerk is behaving in such a manner it is generally because they are in an environment/culture that allows/encourages such behavior. That environment/culture is created and guided from the top down.
Often, but not always the case. I know of an instance here in Ohio where the sheriff was unaware the clerk was not following the law and corrected it immediately. Remember, often the clerks span multiple sheriffs and are doing things the way they've always done until told to do it differently.
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Re: BCI delaying CCW APPS

Post by JustaShooter »

ohiopicker wrote:well mine finally came through , stay safe out there folks...
Glad to hear it. Carry on!
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Re: BCI delaying CCW APPS

Post by WY_Not »

Maybe. But, this has been law long enough and has been an issue the whole time. Unless the sheriff and his clerks are living under a rock, I'm not inclined to give them the benefit of the doubt. As LEOs are so fond of telling citizens, "Ignorance of the law is no excuse."
JustaShooter wrote:
WY_Not wrote:Maybe but if the Deputy/clerk is behaving in such a manner it is generally because they are in an environment/culture that allows/encourages such behavior. That environment/culture is created and guided from the top down.
Often, but not always the case. I know of an instance here in Ohio where the sheriff was unaware the clerk was not following the law and corrected it immediately. Remember, often the clerks span multiple sheriffs and are doing things the way they've always done until told to do it differently.
Learn how Project Appleseed is supporting freedom through Marksmanship and Heritage clinics.
Samuel Adams wrote:If ye love wealth better than liberty, the tranquility of servitude better than the animating contest of freedom, go home from us in peace. We ask not your counsels or your arms. Crouch down and lick the hands which feed you. May your chains set lightly upon you, and may posterity forget that you were our countrymen.
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Re: BCI delaying CCW APPS

Post by JustaShooter »

WY_Not wrote:
JustaShooter wrote:
WY_Not wrote:Maybe but if the Deputy/clerk is behaving in such a manner it is generally because they are in an environment/culture that allows/encourages such behavior. That environment/culture is created and guided from the top down.
Often, but not always the case. I know of an instance here in Ohio where the sheriff was unaware the clerk was not following the law and corrected it immediately. Remember, often the clerks span multiple sheriffs and are doing things the way they've always done until told to do it differently.
Maybe. But, this has been law long enough and has been an issue the whole time. Unless the sheriff and his clerks are living under a rock, I'm not inclined to give them the benefit of the doubt. As LEOs are so fond of telling citizens, "Ignorance of the law is no excuse."
I'm not recommending giving them the benefit of the doubt, that's why I suggested talking with the sheriff himself to get his take. IF he isn't willing to fix the issue with the clerk, then you know it's time for the next step.
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Re: BCI delaying CCW APPS

Post by Brian D. »

ohiopicker wrote:well mine finally came through , stay safe out there folks...
Do you think the wheels just coincidentally started turning again, or maybe the fact you spoke up had something to do with it?
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Re: BCI delaying CCW APPS

Post by steves 50de »

Brian D. wrote:
ohiopicker wrote:well mine finally came through , stay safe out there folks...
Do you think the wheels just coincidentally started turning again, or maybe the fact you spoke up had something to do with it?
They start to take people a little more serious after they find out said people have been schooled on what to do. :wink:
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Re: BCI delaying CCW APPS

Post by Brian D. »

You may be onto something there, Steve.
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