Background Check Question??

[Truva]

Hello all. I have a few questions regarding the CCW and firearms. I just took the CCW class with the assumption i could get a license as long as i didn't have a felonies. According to the instructor there is a list of misdemeanors as well. So my record looks like this i was convicted of drug paraphernalia minor misdemeanor/misdemeanor (ATTEMPT 2923-02 ORCN) 4 years ago, and convicted of disorderly conduct - intoxication misdemeanor 4th degree (DC-INTOXICATION MMM4 2917-11B ORCN) about 1 year ago. Will this disqualify me from obtaining a CCW license? And does this ban me from buying, owning, possessing, or using any handgun/weapon? Is it still possible to get my record sealed/expunged or am i screwed for life?

[cashman966]

Hello all. I have a few questions regarding the CCW and firearms. I just took the CCW class with the assumption i could get a license as long as i didn't have a felonies. According to the instructor there is a list of misdemeanors as well. So my record looks like this i was convicted of drug paraphernalia minor misdemeanor/misdemeanor (ATTEMPT 2923-02 ORCN) 4 years ago, and convicted of disorderly conduct - intoxication misdemeanor 4th degree (DC-INTOXICATION MMM4 2917-11B ORCN) about 1 year ago. Will this disqualify me from obtaining a CCW license? And does this ban me from buying, owning, possessing, or using any handgun/weapon? Is it still possible to get my record sealed/expunged or am i screwed for life?

Welcome to the Forums

The good news is that because of recent changes in Ohio law you are allowed to own firearms. However the bad news is since any offense under 2925.xx is a dis-qualifier, and the underlying charge for the attempted paraphernalia conviction is under 2925.14, you are currently barred from obtaining a CHL. The DC conviction would not be an issue except for the fact that it will keep you from getting your record sealed.

You only option would be to petition for Relief from Disability under 2923.14 with reference to the fact that your drug conviction prevents you from carrying a concealed handgun.

[P.T.145 Pro]

First off welcome to the forums.
Cashman is almost correct you are left with two options u can file for relief of disabilty witch i had no luck with without hiring a lawyer.
I called the county where i was convicted in they told me they never heard of such a thing. Called ohio A.G. they say county or a.t.f
Try the a.t.f. they say only handle federal disabiltys try county prosicutor.
Try them he said he can do nothing for me because he is on the states side and can't help me.
So i pretty much got the run around and this was all before the new law containing mm drug convictions.
I was under the inpression u Can't file for relief because the disabilty don't exsit anymore?????


Your other option is file for a florida ccw takes three to four days to get application in mail cost 127 for there processing fee when u send it back u already took the class so just fill out app. Get ur fingerprints done mail in wait 90 days n if all. Cleared be legal to carry in 32 states.

[cashman966]

First off welcome to the forums.
Cashman is almost correct you are left with two options u can file for relief of disabilty witch i had no luck with without hiring a lawyer.
I called the county where i was convicted in they told me they never heard of such a thing. Called ohio A.G. they say county or a.t.f
Try the a.t.f. they say only handle federal disabiltys try county prosicutor.
Try them he said he can do nothing for me because he is on the states side and can't help me.
So i pretty much got the run around and this was all before the new law containing mm drug convictions.
I was under the inpression u Can't file for relief because the disabilty don't exsit anymore?????


Your other option is file for a florida ccw takes three to four days to get application in mail cost 127 for there processing fee when u send it back u already took the class so just fill out app. Get ur fingerprints done mail in wait 90 days n if all. Cleared be legal to carry in 32 states.

When the law was changed the wording in the relief code was also changed from providing relief from disability solely created by 2923.13 (Weapons under Disability) to the now general wording which applies to any prohibition.

Sec. 2923.14. (A) Any person who, solely by reason of the person's disability under division (A)(2) or (3) of section 2923.13 of the Revised Code, is prohibited from acquiring, having, carrying, or using firearms, may apply to the court of common pleas in the county in which the person resides for relief from such prohibition.

Since the conviction prohibits the carrying of a concealed handgun an affected person can apply for relief from that prohibition.

And yes a Florida permit would be a viable option as well but, as is often stated, an Ohio CHL provides additional protections in Ohio school zones and a Florida license is no good in States that require a home state license for reciprocity.

[Truva]

Ok so your saying my only option is to file a petition for relief of disability of firearms for a ccw license. Expungement/Sealing my record is out of the picture i'm guessing. How would i go about doing this? Is there a form i can pick up from the court house to fill out, or do i need to consult a lawyer for this sort of deal? Also how often do they accept petitions for relief of disability, and are there any requirements i have to meet?

[P.T.145 Pro]

Ok so your saying my only option is to file a petition for relief of disability of firearms for a ccw license. Expungement/Sealing my record is out of the picture i'm guessing. How would i go about doing this? Is there a form i can pick up from the court house to fill out, or do i need to consult a lawyer for this sort of deal? Also how often do they accept petitions for relief of disability, and are there any requirements i have to meet?

From what i have been told here because I'm in the same boat as u. You can't expunge/seal because u have more than one conviction.
I would try calling your county/city court u live or was convicted in but like it
Says in my last post good luck u might need a lawyer to get anywhere i never took that step.
maybe its changed since the new law went threw???
I would start there keep me updated if you get answers

[P.T.145 Pro]

Check out one of my previous post it explains our situation a little more in depth.


http://ohioccwforums.org/viewtopic.php?f=2&t=53852" onclick="window.open(this.href);return false;


And cashman thanks for all the help i was drawing my info from that post but failed to remember your last post on that topic.

To the OP good luck keep us updated

[Truva]

Hmm interesting OK well I'm going to give the Hamilton county court house a call tomorrow and see if i can come up with anything about this. I'm assuming there's a document of some kind for a motion for relief from disability If that doesn't get me anywhere ill call me lawyer and go from there. I'll keep you updated if i find an answer to this problem, if anyone else has some feedback on this situation or has been in one similar to this feel free to share.

[BobK]

Sorry, but I don't agree with the assertion that applying for relief from disability would make you eligible for a CHL. It would allow you to "acquire, have, carry, or use firearms", but being allowed to carry a firearm does not equate to being eligible for a CHL. It would simply mean that you are allowed to open carry.

Also, with your most recent conviction being a year old, depending on the court, I think you could find applying for relief from disability a waste of time.

Your other option may be getting an AZ license. It is substantially cheaper than FL.

[Truva]

Just to clarify the actual charge that i was convicted of was "Attempt to possess drug paraphernalia" a minor misdemeanor, under 2923.02 ORCN. I was not convicted of 2925.14 ORC Drug Paraphernalia.

Directly on the application for a 2012CCW license in Ohio it says under Section III question Are you under indictment, or otherwise charged with, or except for a conviction or guilty plea the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to ORC 2923.14, have you ever been convicted of or pleaded guilty to an offense under ORC 2925,3719, or 4729, or a similar offense in any other state, that is a felony and involves illegal possession, use, sale, administration, distribution of or trafficking in a drug of abuse, or, except for a conviction or guilty plea the records of which a court has ordered sealed or expunged or relative to which a court has granted relief of disability pursuant to ORC 2923.14, have you ever been adjudicated as a delinquent child for committing an act that would be an offense of that nature if committed by an adult?

Shouldn't I be able to answer No to this question because 2923.02 does not fall under the category of ORC 2925,3719, 4729, nor was it a felony, And it doesn't actually involve possessing, using, selling, administering, distributing, or trafficking? So technically shouldn't I be able to apply for a license and be granted?

[Truva]

in case anyone is still reading this thread i went ahead and applied for the license anyway. got a call from the sheriffs office and picked it up today. so no attempted drug para does NOT disqualify you!

[Dewman]

Well that answered my question.
I noticed the change for question 8 now says felony.
Now for the next hurdle. To find out if my charge was one of Vilolence, From 30 years ago

in case anyone is still reading this thread i went ahead and applied for the license anyway. got a call from the sheriffs office and picked it up today. so no attempted drug para does NOT disqualify you!

That removes one hurdle to getting my ccl.

[bigdan390]

in case anyone is still reading this thread i went ahead and applied for the license anyway. got a call from the sheriffs office and picked it up today. so no attempted drug para does NOT disqualify you!

Sorry I missed this one last week...

Congratulations!!!! Welcome to the club!

[Mjbrown1002]

I am new to this and figured i give it a shot bein I can't get a decent answer. I had a felony 5 theft years back. It has been expunged in Hamilton county. I have recently started looking to get my ccw. I have have purchased a hand gun and had no problems with NICS it passed same day. My question is would I be able to get my ccw with an expunged felony from a theft charge?