Denied Cuyahoga county

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dday222
Posts: 11
Joined: Sat Jan 26, 2019 2:18 am

Denied Cuyahoga county

Post by dday222 »

Hello folks in a pinch here and can use some help. I was just denied here in Cuyahoga county I am looking for help challenging the denial as the orc is quite vague. It is my understanding I am supposed to file with cuyahoga county sheriff, and if he upholds it I will need to file suit with common pleas court after? I am 99% sure I have them beat, and I do have a atty. friend who is willing to help, but has zero experience in ccw
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MyWifeSaidYes
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Re: Denied Cuyahoga county

Post by MyWifeSaidYes »

I would think an actual attorney would be able to read up on the specifics of "shall-issue" concealed handgun licensing pretty quickly. You either meet the requirements set forth in state law or you don't.

If you believe the Sheriff wrongly denied your license, your attorney should be able to confirm it one way or the other. The processes for making an appeal are listed in the ORC. The vague parts shouldn't be vague to your attorney. :wink:

Are your denial and reason for appeal something you can mention in this forum? (it IS publicly viewable)
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dday222
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Re: Denied Cuyahoga county

Post by dday222 »

long story short it was a f4 felony conviction. I had applied for restoration of rights and the court said they cannot restore rights that were never lost, the felony is not weapons disabling offense. This is the conclusion of cuyahoga county court" petitioners conviction does not prevent him from having or carrying fiream". Orc2923.125(4) states the sheriff shall ignore conviction. As far as the appeal orc says file with sheriff and shall also be filed with the court. The lady at the sheriffs dept says first appeal you just file with them, and if they uphold the decision then you file appeal with court.
techguy85
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Re: Denied Cuyahoga county

Post by techguy85 »

dday222 wrote:long story short it was a f4 felony conviction. I had applied for restoration of rights and the court said they cannot restore rights that were never lost, the felony is not weapons disabling offense. This is the conclusion of cuyahoga county court" petitioners conviction does not prevent him from having or carrying fiream". Orc2923.125(4) states the sheriff shall ignore conviction. As far as the appeal orc says file with sheriff and shall also be filed with the court. The lady at the sheriffs dept says first appeal you just file with them, and if they uphold the decision then you file appeal with court.
People have told you in your other thread you were posting in that you are prohibited by federal law, not state law. And my read is that they are correct. The best advice anyone has given you is advice you didn't want to hear: talk to an experienced firearms attorney like Derek Debrosse and stop posting details on a public internet forum immediately.
If "we" are right you could get in serious trouble over having a firearm or suppressor (that you indicated you might have in the other thread.)
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JustaShooter
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Re: Denied Cuyahoga county

Post by JustaShooter »

dday222 wrote:long story short it was a f4 felony conviction. I had applied for restoration of rights and the court said they cannot restore rights that were never lost, the felony is not weapons disabling offense. This is the conclusion of cuyahoga county court" petitioners conviction does not prevent him from having or carrying fiream". Orc2923.125(4) states the sheriff shall ignore conviction. As far as the appeal orc says file with sheriff and shall also be filed with the court. The lady at the sheriffs dept says first appeal you just file with them, and if they uphold the decision then you file appeal with court.
Your F4 conviction not only places you under Federal disability (which likely results in a failure to pass the required NICS check), it prohibits you from obtaining a CHL in Ohio. ORC 2923.125(4) - I'm guessing you mean (D)(4) - does not say the sheriff shall ignore your F4 conviction. It says:
(4)
If an applicant has been convicted of or pleaded guilty to an offense identified in division (D)(1)(e), (f), or (h) of this section or has been adjudicated a delinquent child for committing an act or violation identified in any of those divisions, and if a court has ordered the sealing or expungement of the records of that conviction, guilty plea, or adjudication pursuant to sections 2151.355 to 2151.358, sections 2953.31 to 2953.36, or section 2953.37 of the Revised Code or the applicant has been relieved under operation of law or legal process from the disability imposed pursuant to section 2923.13 of the Revised Code relative to that conviction, guilty plea, or adjudication, the sheriff with whom the application was submitted shall not consider the conviction, guilty plea, or adjudication in making a determination under division (D)(1) or (F) of this section or, in relation to an application for a concealed handgun license on a temporary emergency basis submitted under section 2923.1213 of the Revised Code, in making a determination under division (B)(2) of that section.
Unless you have failed to provide all of the pertinent details, your conviction has not been sealed or expunged and you haven't been relieved under operation of law or legal process from the disability since there never was a state-level firearm disability as stated in the denial of your application to have your rights restored. So, (D)(4) does not apply to you.

Get a good lawyer well-versed in both Ohio and Federal firearms law, like Derek DeBrosse. In the mean time, do *not* appeal your denial or it will prevent you from reapplying for (I think) a year once this mess is cleared up - assuming it can be.
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