Application question - lived in Ohio for 5 years?

[ohporter]

I moved back into state (been gone since before CCW) a couple years ago. Just finished my course and am finishing the application at the moment. One question intrigues the wannabe-lawyer in me.

"Have you lived in Ohio for 5 years or more?"

Well, it doesn't say continuously. I was an Ohio resident for about 24 years, then was an AZ resident for 11 years. Now I'm an Ohio resident again for the last two years.

So, yeah, I've lived in Ohio for 5 years or more.

I suspect they mean for the past 5 years. I called up the Deputy listed on the Wayne County CCW web page and asked the question. He gave me an answer that indicated that he had no clue, "They're most interested in the last 5 years". Which, of course, doesn't answer my question.

So, anyway, I guess I'll just attempt to clarify how they want me to answer that question when I drop into the office tomorrow morning.

I'm curious if anybody else has had this clarified before.

[color of law]

That question is not in the law. Answer yes, you have lived in Ohio for more than 5 years. Does not mean in the last 5 years.

ORC 2923.1210

(1)(a) Are you legally living in the United States? .... YES .... NO

(b) Have you been a resident of Ohio for at least forty-five days and have you been a resident for thirty days of the county with whose sheriff you are filing this application or of a county adjacent to that county? .... YES .... NO

(2) Are you at least twenty-one years of age? .... YES .... NO

(3) Are you a fugitive from justice? .... YES .... NO

(4) Are you under indictment for a felony, have you ever been convicted of or pleaded guilty to a felony, or have you ever been adjudicated a delinquent child for committing an act that would be a felony if committed by an adult? .... YES .... NO

[Timmy44221]

Hmm How is it worded in the law (as opposed to the application)

The five years thing has to do with the background check though. It may cost you a couple extra bucks for a mor extensive check because oyu have not been a resident as long.

[ohporter]

Hmm How is it worded in the law (as opposed to the application)

The five years thing has to do with the background check though. It may cost you a couple extra bucks for a mor extensive check because oyu have not been a resident as long.

According to the Wayne County CCW web page, there is no extra charge. It says $55. I notice other counties mentioning the higher background check requiring a $75-79 fee. They only take money order or cashiers check at WC SO, so I have to clarify that before leaving tomorrow too.

[color of law]

What part of my post don't you understand? The 5 year deal is not in the law. The Attorney General added that to the application. It's not in the law. The question on the app. is "Have you lived in Ohio for 5 years or more?" And you have. Don't read into the sentence something that is not there.

[color of law]

At the bottom of the App. you list your address from 18 years old. It will show that you lived in Ohio for 5 years from X to Y time, then you lived in AZ from A to B. Then you lived the Ohio from J to K. They will see you lived in Ohio for 5 years.

[ohporter]

What part of my post don't you understand? The 5 year deal is not in the law. The Attorney General added that to the application. It's not in the law. The question on the app. is "Have you lived in Ohio for 5 years or more?" And you have. Don't read into the sentence something that is not there.

Um, I'm not. In fact, I agree. The mistake was asking the SO the question and asking my instructor. Both had answers that don't make sense to me which is a bit disturbing.

I was responding to the other poster assertion about an additional background check charge.

[color of law]

I'm trying to tell you to quit listing to people who don't know the law. If you go to ORC 2923.1210 you will see that question is not in the law. Not that I know everything, but I read the law. I don't listen to an instructor or a LEO. I learned one thing a long time ago. Show it to me in the book (in the law book). I don't want someone telling me what the law is, show it to me in the book.

[jabeatty]

I'm trying to tell you to quit listing to people who don't know the law. If you go to ORC 2923.1210 you will see that question is not in the law. Not that I know everything, but I read the law. I don't listen to an instructor or a LEO. I learned one thing a long time ago. Show it to me in the book (in the law book). I don't want someone telling me what the law is, show it to me in the book.

It is the law.

(C)(1) The Ohio peace officer training commission, in consultation with the attorney general, shall prescribe a fee to be paid by an applicant under section 2923.125 of the Revised Code for a license to carry a concealed handgun or for the renewal of a license to carry a concealed handgun as follows:

(a) For an applicant who has been a resident of this state for five or more years, an amount that does not exceed the lesser of the actual cost of issuing the license, including, but not limited to, the cost of conducting a criminal records check, or whichever of the following is applicable:

(i) For an application made on or after the effective date of this amendment, fifty-five dollars;

(ii) For an application made prior to the effective date of this amendment, forty-five dollars;

(b) For an applicant who has been a resident of this state for less than five years, an amount that shall consist of the actual cost of having a criminal background check performed by the federal bureau of investigation, if one is so performed, plus the lesser of the actual cost of issuing the license, including, but not limited to, the cost of conducting a criminal records check, or whichever of the following is applicable:

(i) For an application made on or after the effective date of this amendment, fifty-five dollars;

(ii) For an application made prior to the effective date of this amendment, forty-five dollars.

[ohporter]

Ok. Thanks for the clarification.

[color of law]

jabeatty,

I'll stand corrected on that part. But, it does not say 5 consecutive prior to applying. It just says 5 years. And ohporter has lived in Ohio for 5 or more years.

[color of law]

That why I like this site. We will get to the bottom line at some point. 5 heads are better than 1.

[jabeatty]

I'll stand corrected on that part. But, it does not say 5 consecutive prior to applying. It just says 5 years. And ohporter has lived in Ohio for 5 or more years.

I agree... but my guess is that there isn't a Sheriff in the state that would agree with either of us.

[color of law]

I'll stand corrected on that part. But, it does not say 5 consecutive prior to applying. It just says 5 years. And ohporter has lived in Ohio for 5 or more years.

I agree... but my guess is that there isn't a Sheriff in the state that would agree with either of us.

Ditto!!!

[willbird]

I'm trying to tell you to quit listing to people who don't know the law. If you go to ORC 2923.1210 you will see that question is not in the law. Not that I know everything, but I read the law. I don't listen to an instructor or a LEO. I learned one thing a long time ago. Show it to me in the book (in the law book). I don't want someone telling me what the law is, show it to me in the book.

OK then explain to me why when my wife applied, who was born in ohio, then moved to MI for a number of years, then moved back here 4 years before she applied she had to pay extra for an FBI fingerprint background check that required a normal federal 10 card ??

The intent is that if you have not lived here for the last 5 years, they must run a more extensive background check. The Sherrif probably on advice from Buckeye Sherrif's assn decides what the 5 year deal means, and in my wifes case it meant that a 4 year sojurn to the state of MI required the more intensive background check.



Bill