chl disqualifier

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jmakin
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Joined: Wed Dec 04, 2013 8:10 pm

chl disqualifier

Post by jmakin »

Hi all. I have a question that I have been trying to find the answer to for a while now to no avail. When I took my class, I asked my instructor this question, which he is a federal police officer in Columbus along with being an instructor for chl and other forms of firearm training. Here goes. A little over four years ago I plead guilty to an obstructing a piece officer in colorado. It was a 2nd degree misdemeanor. The way I understood the law as well as my instructor, was as long as I was three years removed from the conviction I would be alright.
After reading through these discussions, I am beginning to feel that I may be disqualified. What are your thoughts?
As a side note, I may have just made a nice donation to the local sheriff's office. Ugh..
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BobK
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Re: chl disqualifier

Post by BobK »

Possible, what is the exact statute language in Colorado?
I am a: NRA Life Member, Texas State Rifle Association Life Member, Texas Firearms Coalition Gold member, OFCC Patron Member, former JFPO member (pre-SAF).

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jmakin
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Re: chl disqualifier

Post by jmakin »

I'm not sure. I am originally from ohio but with military and jobs after military, I lived out west for approximately 10 years. I have been back in ohio now for a few years now but I failed to get my chl before my 6 years after service was up. All I know is the charge was the obstructing and that it was a 2nd degree misdemeanor. Sorry I can't help any more than that.
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BobK
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Re: chl disqualifier

Post by BobK »

Well, my read on it is you are probably OK.

First, the Ohio statute reads:
R.C. 2923.125(D) (1) .... the sheriff ..., shall issue to the applicant a concealed handgun license ... if all of the following apply:

(f) Except as otherwise provided in division (D)(5) of this section, 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.


So the three statutes to worry about are:
R.C. 2921.33 Resisting arrest.
R.C. 2903.13 Assault. (of a peace officer)
R.C. 2923.1211 Falsification of concealed handgun license - possessing a revoked or suspended concealed handgun license.

Obviously, R.C. 2921.33 Resisting arrest is the statute to worry about.

The Ohio statute language is:
R.C. 2921.33 Resisting arrest.

(A) No person, recklessly or by force, shall resist or interfere with a lawful arrest of the person or another.

(B) No person, recklessly or by force, shall resist or interfere with a lawful arrest of the person or another person and, during the course of or as a result of the resistance or interference, cause physical harm to a law enforcement officer.

(C) No person, recklessly or by force, shall resist or interfere with a lawful arrest of the person or another person if either of the following applies:

(1) The offender, during the course of or as a result of the resistance or interference, recklessly causes physical harm to a law enforcement officer by means of a deadly weapon;

(2) The offender, during the course of the resistance or interference, brandishes a deadly weapon.

(D) Whoever violates this section is guilty of resisting arrest. A violation of division (A) of this section is a misdemeanor of the second degree. A violation of division (B) of this section is a misdemeanor of the first degree. A violation of division (C) of this section is a felony of the fourth degree.

(E) As used in this section, "deadly weapon" has the same meaning as in section 2923.11 of the Revised Code.
Now that we know what is on point in Ohio law, let's look at Colorado law. Colorado law has a law "Obstructing a Peace Officer (18-3-104)", but it also has a separate statute called "Resisting Arrest (18-8-103)".

If a person were convicted of Resisting Arrest (18-8-103), that statute language is similar enough to Ohio's that it would disqualify an Ohio CHL.

However, the Obstructing a Peace Officer (18-3-104) is completely different language and I believe does not apply to disqualifying someone from an Ohio CHL.

That is a long-winded way of explaining I think you will be OK to get licensed.

Here is the CO statute:
Obstructing a Peace Officer (18-3-104)

(a) A person commits obstructing a peace officer, firefighter, emergency medical services provider, rescue specialist, or volunteer when, by using or threatening to use violence, force, physical interference, or an obstacle, such person knowingly obstructs, impairs, or hinders the enforcement of the penal law or the preservation of the peace by a peace officer, acting under color of his or her official authority; knowingly obstructs, impairs, or hinders the prevention, control, or abatement of fire by a firefighter, acting under color of his or her official authority; knowingly obstructs, impairs, or hinders the administration of medical treatment or emergency assistance by an emergency medical service provider or rescue specialist, acting under color of his or her official authority; or knowingly obstructs, impairs, or hinders the administration of emergency care or emergency assistance by a volunteer, acting in good faith to render such care or assistance without compensation at the place of an emergency or accident.
(b) To assure that animals used in law enforcement or fire prevention activities are protected from harm, a person commits obstructing a peace officer or firefighter when, by using or threatening to use violence, force, physical interference, or an obstacle, he or she knowingly obstructs, impairs, or hinders any such animal.
It is no defense to a prosecution under this section that the peace officer was acting in an illegal manner, if he was acting under color of his official authority as defined in section 18-8-103 (2).
Repealed.
Obstructing a peace officer, firefighter, emergency medical service provider, rescue specialist, or volunteer is a class 2 misdemeanor.
For purposes of this section, unless the context otherwise requires:
(a) "Emergency medical service provider" means a member of a public or private emergency medical service agency, whether that person is a volunteer or receives compensation for services rendered as such emergency medical service provider.
(b) "Rescue specialist" means a member of a public or private rescue agency, whether that person is a volunteer or receives compensation for services rendered as such rescue specialist.
I am a: NRA Life Member, Texas State Rifle Association Life Member, Texas Firearms Coalition Gold member, OFCC Patron Member, former JFPO member (pre-SAF).

This froggie ain't boiling! Shall not be infringed! Μολών Λαβέ
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djthomas
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Re: chl disqualifier

Post by djthomas »

Based on the CO statute Bob found it sounds like it's roughly analogous to our Misconduct at an Emergency statute (ORC 2917.13) which is not disabling. However it does include the element of assault which could be disabling because it would be similar to our assault on a PO statute.

Nothing you can do at this point but wait and see. If you're denied and wish to appeal I would suggest consulting private counsel because this isn't a straightforward matter of your criminal record being wrong, it's a matter of interpretation. For what it's worth you might consider getting your official records from the court in Colorado now. You never know when in life you might have to speak to your record in specifics. It could come down to something as minute as how the complaint was worded and what exactly were you accused of doing. Just knowing the crime and the offense degree isn't sufficient and it doesn't matter what you think happened, it matters how it all went down in court.
jmakin
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Joined: Wed Dec 04, 2013 8:10 pm

Re: chl disqualifier

Post by jmakin »

Thanks guys, I knew it was all left up for interpretation and myself and my instructor had the same thoughts along with the replies here. It seems that I will be ok but its left up to the sheriff's interpretation. Guess I will wait and see what comes in the mail in the coming weeks. Thanks for the input guys.
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