Question about possible denial of new application for CHL

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WBL_2006
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Post by WBL_2006 »

Btw, sounds like you're in Hamilton County - why not step next door to Clermont County where the Sheriff is unabashedly pro-CCW?
Agreed. Don't waste your time.

I bet Ole Si cringes everytime someone applies and is approved for a CHL.



WBL
Bearcat
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Post by Bearcat »

No problem jabeatty, I guess I'm gettting what I deserve. Thanks for the idea aout Clermont County. I thought the Sheriff had some leeway? Doesn't he have the final say? Thanks again guys.
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djthomas
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Post by djthomas »

At the end of the day the Sheriff is required to issue your license if you are not disqualified by any of the disqualifiers in the law. The law is pretty specific on what disqualifies an applicant. As I understand it the little bit of discretion seems to do with whether a Sheriff makes a habit out of searching sealed records.

Hate to do it....but it's time to trot out the standard line: Talk to an attorney. It was mentioned you might want to try to get your record sealed, but if the Sheriff will look at those records anyhow that would be time and money spent on a fruitless cause.
dbones
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Post by dbones »

and if all else fails, you can always appeal the decision. This might get you into a face to face hearing to contest it.
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Michael
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Post by Michael »

Even worse, according to Ohio law you are prohibited from possessing a gun if you've been convicted of any drug offense, no matter how minor the offense was. They say you are "disabled." :roll: I'm pretty sure Ohio is one of the few states in the union with such a law. See ORC 2923.13 for more info.

But there is hope. If you live in Ohio and have been convicted of a drug offense, the prohibition might be lifted if the state decides you are no longer "disabled." The first step in this process is to fill out a "Relief from Weapons Disability" application. See ORC 2923.14 for more info.

So Bearcat, if you own a gun and have never applied and received a "Relief from Weapons Disability" from the State of Ohio, you, um, might not want to advertise it. :| You should also fill out the application ASAP.

So now I'm wondering... if a person fills out a "Relief from Weapons Disability" application, and if it is accepted, can they get a CHL? Or are they simply allowed to own firearms again?
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muxtech
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Post by muxtech »

Bearcat wrote:No problem jabeatty, I guess I'm gettting what I deserve.
Don't be so hard on yourself. It's a bad law. Funny how you are not disqualified to run for President, command the US Military, or control "the button". :roll:
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Glockamole
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Post by Glockamole »

Would this affect getting an out-of-state Florida permit? Ohio honors FL permits.
jammer03
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Post by jammer03 »

One way is to have the case re-opened and get the charges either dropped or reduced to an offence that is not disqualifing. You will need an attorney for this.

Actually you need to address your original question to an attorney who will provide you with the options available.

Please let us know how you make out.

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Bearcat
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Post by Bearcat »

I'm not really sure what I will do. I'm in shock that something like a few grams of pot 21 frickin years ago can keep me from possesing firearms, let alone getting a CHL. I haven't even had a speeding ticket in the last 18 yrs. I guess I'll have to contact a lawyer to determine my options. Anybody know a lawyer in SW OH that has dealt with these sorts of issues?
Last edited by Bearcat on Fri May 30, 2008 4:07 pm, edited 1 time in total.
Sevesteen
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Post by Sevesteen »

Another option I haven't seen mentioned is a Florida license. They don't have that restriction, and are valid in Ohio, with some potential problems in a School Safety Zone if the officer knows the law and is in a really bad mood.
jammer03
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Post by jammer03 »

Have you sucessfully purchased a firearm that required the quick check?

Joe
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Bearcat
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Post by Bearcat »

Yes, I have purchased firearms (no handguns) a couple of times in the past few years. However, since yesterday, I have given all firearms to a relative for safe keeping until I figure things out.
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muxtech
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Post by muxtech »

Hang in there Bearcat. Plenty of people have asked similar questions here before. So you start out the process with a legal " handicap". I believe the application process is somewhat harrowing for many, if not most people. If a lawyer can help make things right, in the end it will be worth it. That's why we celebrate each new CHL, because we know folks go through a lot to make it happen.

Stick to your guns. :wink:
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SeanC
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Post by SeanC »

We don't have expongement in Ohio, just a process to "seal" the records. A sealed record can't be seen by most people, but law enforcement can access it in certain situations (i.e. sentencing for new offenses and CCW licenses being a few). The record never goes away.

You need to get your firearms rights restored first. It's not difficult to do, especially if your offense is very old. Technically, you're disqualified from possessing firearms in Ohio.

You have to answer truthfully on your CCW application. It's a crime to knowingly provide false information. The question asks (I'm paraphrasing): "Have you ever been convicted of or pleaded guilty to drug offenses?" Have you? Yes. If you check no hoping that the Sheriff won't be doing his or her job, you're risking a new conviction.

There are really just two options for you: get a pardon or persuade the Sheriff. If the governor pardons your offense, it's legally as if you had never committed the act in the first place. Clean sheet. Good luck with that one, though...

Next, you can send in your application to the sheriff with a note explaining that while the law requires him to issue a CHL if there are no disqualifiers, there is nothing in the law that says he may not issue the license if there is one or more disqualifier. I've not seen it work yet, but strictly speaking, that's what the law says.

Even if you can't get a CHL, get your firearms disqualifier cleaned up and you can open carry.
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Bearcat
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Post by Bearcat »

Now that I kinda know what I'm up against, any recomendations of a lawyer in Hamilton County that can deal with these issues? Thanks agian.
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