Denied Renewal

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glock1926
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Joined: Tue Dec 03, 2013 11:15 pm

Denied Renewal

Post by glock1926 »

Anyone have any advise on how to go about appealing a denial for a renewal Ccw? In 2001 I had a possession of pot charge. In 2009 when I applied for my first ccw permit no questions were asked, they issued it in about to weeks without with nothing being said. I went Monday to start renewal process and they called me Monday evening saying they had a problem with there computers system an that I need to come back down to redo my prints. When I got there they told me there was a problem showing up in 2001 and the they could not renew my permit and the they had to take my old one back. I asked why the first permit was issued without any problems an all.the would tell me is that the changed and I was not allowed to have it. Any suggestions on what I need to do beside contacting a lawyer and was it legal for them to do that?
mreising
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Re: denied renewal

Post by mreising »

The main question is this: Were you convicted? If you were convicted, then yes they can do that and the original license should not have been issued. In fact, until fairly recently, it would have been illegal for you to possess firearms in Ohio because of a drug conviction. The law has changed and you may be able to possess now but you still cannot obtain a concealed handgun license. If you were charged but not convicted, then you should be able to obtain/renew your license but may have to provide evidence of the acquittal to the sheriff. If you have only had the one conviction you can have your record sealed and then be able to get a license down the road. I am not a lawyer and you may want to consult one if you need legal advice.
The tyrant will always find a pretext for his tyranny

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glock1926
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Re: denied renewal

Post by glock1926 »

I have been atleast one gun a year since 2000 thru a FFL. I have never been denied or put on background check thru a FFL Dealer. I paid a fine in another state where the offence occurred and went on my way. I will be contacting a lawyer anyways. Thanks for your advise
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BB62
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Re: denied renewal

Post by BB62 »

glock1926 wrote:... Any suggestions on what I need to do beside contacting a lawyer and was it legal for them to do that?
(my bold) As long as current law prohibited the license issuance, YES.

Whether or not that is the case, we don't know. I suggest you answer mreising's questions so we might help you further.
Yes, I do believe in open carry. An openly armed man is clear in his intentions. Concealed carriers are sneaks and skulkers and elitist, boot licking, political contribution making, running dog lackies of The Man. <wink> (thx grumpycoconut - OpenCarry.org)

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mreising
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Re: Renewal Denied

Post by mreising »

As this was posted in multiple forum sections, the duplicate postings have been locked by one of the moderators. My response is in the thread in the Open Carry section, which is now locked. This section is actually the appropriate section for your question and maybe a moderator can merge the response from the other section.

In reply to your answer about being a "one gun a year man" in the other thread, you may not have been under Federal disability so your purchases would have been approved, it was Ohio law that prohibited possession of firearms by those convicted of any drug violation, even misdemeanors. As I noted in the other response, that was changed a couple of years ago and you are now legal to possess, however until the current concealed carry law changes (there is a bill in the legislature addressing this) there is no way for you to obtain an Ohio CHL with the drug conviction. Getting your record sealed or expunged (Ohio seals records, other states may offer true expungement) will probably clear the way for you to obtain your license if that is an option. You may be able to obtain a non-resident license from another state that Ohio recognizes, Florida for example, could allow you a means to carry in Ohio in the meantime, but there are some caveats that go with that.

Edit to add: The good news is that you now have 5 postings under your user name so you can use the PM function. :)
The tyrant will always find a pretext for his tyranny

Mark
NRA Training Counselor-Rifle, Pistol, Shotgun, Reloading, Personal Protection in the Home, Personal Protection Outside the Home, Home Firearms Safety, Chief RSO. NRA Endowment Life member.
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JediSkipdogg
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Re: Renewal Denied

Post by JediSkipdogg »

Haha, merged. Yay me.
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I am not a lawyer. My answers are based on research, knowledge, and are generally backed up with facts, the Ohio Revised Code, or the United States Code.
jabeatty
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Re: Renewal Denied

Post by jabeatty »

JediSkipdogg wrote:Haha, merged. Yay me.
Merge failure. :)
--
Someone edited my signature and deleted my posts, and all I got was... this edited signature.
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JediSkipdogg
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Re: Renewal Denied

Post by JediSkipdogg »

jabeatty wrote:
JediSkipdogg wrote:Haha, merged. Yay me.
Merge failure. :)
I think I got it this time.

And my advice for the actual topic.....


Get your record sealed and then reapply.
Carrying Concealed Handguns - Signage Answers

Ohio Concealed Carry Classes in S/W Ohio
http://www.ProShootersTraining.com" onclick="window.open(this.href);return false;

I am not a lawyer. My answers are based on research, knowledge, and are generally backed up with facts, the Ohio Revised Code, or the United States Code.
jabeatty
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Re: Renewal Denied

Post by jabeatty »

JediSkipdogg wrote:
jabeatty wrote:
JediSkipdogg wrote:Haha, merged. Yay me.
Merge failure. :)
I think I got it this time.
:)
--
Someone edited my signature and deleted my posts, and all I got was... this edited signature.
glock1926
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Re: Denied Renewal

Post by glock1926 »

Thanks guys. I guess you can say I was convicted but no jail time. I pleaded no contest which I thought was not admitting guilty but magistrate found me guilty. I guess chock it up to being young an dumb. I have contacted a lawyer to get record sealed. Now how long to wait to be able to reapply once it is sealed? I was thinking 1 year. Anyone have an answer?
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BobK
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Re: Denied Renewal

Post by BobK »

glock1926 wrote:Thanks guys. I guess you can say I was convicted but no jail time. I pleaded no contest which I thought was not admitting guilty but magistrate found me guilty. I guess chock it up to being young an dumb. I have contacted a lawyer to get record sealed. Now how long to wait to be able to reapply once it is sealed? I was thinking 1 year. Anyone have an answer?
Per R.C. 2923.125(D)(2)(b):
If a sheriff denies an application under this section because the applicant does not satisfy the criteria described in division (D)(1) of this section, the sheriff shall specify the grounds for the denial in a written notice to the applicant. The applicant may appeal the denial pursuant to section 119.12 of the Revised Code in the county served by the sheriff who denied the application. If the denial was as a result of the criminal records check conducted pursuant to section 311.41 of the Revised Code and if, pursuant to section 2923.127 of the Revised Code, the applicant challenges the criminal records check results using the appropriate challenge and review procedure specified in that section, the time for filing the appeal pursuant to section 119.12 of the Revised Code and this division is tolled during the pendency of the request or the challenge and review. If the court in an appeal under section 119.12 of the Revised Code and this division enters a judgment sustaining the sheriff's refusal to grant to the applicant a concealed handgun license, the applicant may file a new application beginning one year after the judgment is entered. If the court enters a judgment in favor of the applicant, that judgment shall not restrict the authority of a sheriff to suspend or revoke the license pursuant to section 2923.128 or 2923.1213 of the Revised Code or to refuse to renew the license for any proper cause that may occur after the date the judgment is entered. In the appeal, the court shall have full power to dispose of all costs.
The quick and easy answer is one year.

If you do not appeal the denial, and thus the court does not rule on your background, then I suspect there could be a loophole allowing you to try re-applying as soon as your record is sealed or expunged. Expect an argument on that point, however, from the Sheriff.
Last edited by BobK on Thu Dec 05, 2013 7:04 pm, edited 1 time in total.
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mreising
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Re: Denied Renewal

Post by mreising »

I'm not positive, but I think you have to wait a year after a denial with the exception of any appeals, which probably does not apply in this case. There are some legal beagles on here that will probably correct me. :)

Okay, BobK beat me to the punch. There's your answer.
The tyrant will always find a pretext for his tyranny

Mark
NRA Training Counselor-Rifle, Pistol, Shotgun, Reloading, Personal Protection in the Home, Personal Protection Outside the Home, Home Firearms Safety, Chief RSO. NRA Endowment Life member.
glock1926
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Joined: Tue Dec 03, 2013 11:15 pm

Re: Denied Renewal

Post by glock1926 »

Ok next question is how long do I have to file an appeal once I receive my letter for the sheriff ?
techguy85
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Re: Denied Renewal

Post by techguy85 »

I wouldn't file one. You have no basis to do so unless you get the record sealed before then.
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