Unlawfully Denied

If you have questions or know the answers to questions about the application and renewal process this forum is for you. Post your experiences or ask your new applicant questions here.

Moderators: Chuck, Mustang380gal, Coordinators, Moderators

Unlawfully Denied

Postby OhioBuck85 » Wed Feb 20, 2019 5:24 pm

Looking for suggestions....Ok, so long story short, I was denied my CHL for a 15 year old Minor Misdemeanor offense. (was young and got charged with possession of marijuana) Question 7A was marked "NO" as the application clearly states to NOT include minor misdemeanor level offeses.

FOR THE FOLLOWING QUESTIONS 6, 7A, 7B, DO NOT INCLUDE ANY CONVICTION FOR WHICH A COURT HAS
ORDERED SEALED OR EXPUNGED OR RELATIVE TO WHICH A COURT HAS GRANTED RELIEF FROM DISABILITY
PURSUANT TO ORC 2923.14, OR A CONVICTION FOR A MINOR MISDEMEANOR LEVEL OFFENSE.

Question 5 was marked "NO" as i was never charged with a federal firearm disqualifier level offense.


My denial letter states I was denied for several reasons:
1) disqualified by background check
2) Falsified application -you are federally ineligible to own or possess a firearm

Mind you this was all due to a Minor Misdemeanor level offense.

I hired a local attorney and filed an appeal within the given time frame. Attorney has been going back and forth with the prosecutor and sheriff trying to get them to realize they are not correct and I am lawfully eligible for a CHL license....The sheriff still claims he is correct and I an not eligible for a CHL license.

My attorney is nervous to set a trial date because he feels the judge will side with the sheriff even if he know he wrong for "political" reasons....I will then be stuck with having to appeal at the state level, costing more time and money.

Since the appeal has been filed, I have successfully had these records expunged (even though I should not had to).

I am now at the 9 month time frame from appeal and still no resolution....

Should I push for a hearing, or just wait until 1 year has passed and re-apply?
OhioBuck85
 
Posts: 2
Joined: Wed Feb 20, 2019 4:42 pm

Re: Unlawfully Denied

Postby sodbuster95 » Thu Feb 21, 2019 12:43 am

As you already have an attorney, an open case, and (presumably) are paying that attorney, I would advise that you address your concerns to your attorney directly and succinctly. If you aren't satisfied with his responses, I would further advise that you ask him to provide his reasoning. While there are innumerable people on this board well-versed in Ohio firearms laws who can give generalized responses, the best advice you're likely to get on your specific situation will come from your attorney.
NRA Benefactor Life Member

Information posted in these forums is my personal opinion only. It is not intended, nor should it be construed, as legal advice.
User avatar
sodbuster95
OFCC Patron Member
OFCC Patron Member
 
Posts: 6947
Joined: Mon Dec 01, 2008 5:14 pm
Location: Maumee

Re: Unlawfully Denied

Postby OhioBuck85 » Thu Feb 21, 2019 7:41 pm

I appreciate your reply.

Moderators please delete thread
OhioBuck85
 
Posts: 2
Joined: Wed Feb 20, 2019 4:42 pm


Return to Q&A: CHL Applications and Renewals

Who is online

Users browsing this forum: No registered users and 1 guest