Misdemeaner charges cause application denials?

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danielk07
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Misdemeaner charges cause application denials?

Post by danielk07 »

Will misdemeaner assault charges in another state 14+ years ago cause an application denial?
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Morne
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Post by Morne »

Charges imply indictment. Are we talking about convictions here? Misdameanor or Felony? Any Domestic?
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danielk07
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Post by danielk07 »

This was a conviction of assault 14 years ago
danielk07
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Post by danielk07 »

this was a misdameaner assault conviction.
jabeatty
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Post by jabeatty »

How would you answer question #9 on the application?
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danielk07
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Post by danielk07 »

I would have to answer "yes". By answering so, irregardless of how long it has been, would my application be denied?
jabeatty
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Post by jabeatty »

danielk07 wrote:I would have to answer "yes". By answering so, irregardless of how long it has been, would my application be denied?
It looks (to me) like 2923.125(D)(1)(f) puts a three-year limit on rejections due to violence convictions:
(f) The applicant, within three years of the date of the application, has not been convicted of or pleaded guilty to a misdemeanor offense of violence other than a misdemeanor violation of section 2921.33 of the Revised Code or a violation of section 2903.13 of the Revised Code when the victim of the violation is a peace officer, or a misdemeanor violation of section 2923.1211 of the Revised Code; and has not been adjudicated a delinquent child for committing an act that if committed by an adult would be a misdemeanor offense of violence other than a misdemeanor violation of section 2921.33 of the Revised Code or a violation of section 2903.13 of the Revised Code when the victim of the violation is a peace officer or for committing an act that if committed by an adult would be a misdemeanor violation of section 2923.1211 of the Revised Code.
Anyone else read this differently?

A domestic violence conviction would be a different story, and might subject you to federal restrictions on firearms ownership.
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danielk07
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Post by danielk07 »

Thank you!!! for the Ohio RC attachment.
Lthrnck
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Post by Lthrnck »

I think both questions 9 and 10 are giving the Sheriff some latitiude to either approve or disapprove the license.

ORC 2913.125 is letting the Sheriff know that if anything prior to the last 3 years is not so terribly violent that the Sheriff could approve the license.

Just my take on this.
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jeffkirchner
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Post by jeffkirchner »

Lthrnck wrote:I think both questions 9 and 10 are giving the Sheriff some latitiude to either approve or disapprove the license.

ORC 2913.125 is letting the Sheriff know that if anything prior to the last 3 years is not so terribly violent that the Sheriff could approve the license.

Just my take on this.
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(D)(1) Except as provided in division (D)(3), (4), or (5) of this section, within forty-five days after a sheriff’s receipt of an applicant’s completed application form for a license to carry a concealed handgun, 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 license to carry a concealed handgun that shall expire as described in division (D)(2)(a) of this section if all of the following apply:
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cashman966
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Post by cashman966 »

jabeatty wrote:How would you answer question #9 on the application?
I asked this question awhile ago about question 9.
(9) Have you ever been convicted of, or pleaded guilty to, a misdemeanor offense of violence,
charge of domestic violence, or a similar offense, in this or any other state?
If you answer yes, it doesn't mean you will be denied, but how can you legally sign the attesting statement, specificaly in regard to statement #3
THE UNDERSIGNED MUST ATTEST TO THE FOLLOWING:
(1) I have been furnished, and have read, the publication that explains the Ohio firearms laws, that provides instruction in dispute
resolution, and explains the Ohio laws related to that matter, and that provides information regarding all aspects of the use
of deadly force with a firearm, and I am knowledgeable of the provisions of those laws and of the information on those matters.

(2) I desire a legal means to carry a concealed handgun for defense of myself, or a member of my family, while engaged in lawful
activity and will carry the concealed handgun in a lawful manner.

(3) I have never been convicted of or pleaded guilty to a crime of violence in the state of Ohio, or elsewhere. I am of sound
mind, and I hereby certify that the statements contained herein are true and correct to the best of my knowledge and belief. I
understand that if I knowingly make any false statements herein I am subject to penalties prescribed by law. I authorize the
sheriff, or the sheriff’s designee, to inspect only those records or documents relevant to information required for this application.

(4) The information contained in this application and all attached documents are true and correct to the best of my knowledge.
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