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Licking County Application - Birth Certificate

PostPosted: Fri Aug 28, 2020 5:33 pm
by soulhydration
Hi All,

I currently live in Licking County. I received my CHL several years ago in Licking County. My wife now needs to get her permit. That being said, it appears that Sheriff has now included a Birth Certificate requirement. From what I can see, this is NOT required by Ohio law. I think it's a bad idea to accept requirements not included in the law. I know we can apply in any county that touches Licking County, which solves the immediate problem. My question is has anyone pushed back on Licking County on this?

See it here:

https://lickingcounty.gov/depts/sheriff/programs_service/concealed.htm

Copy/Paste from website:

Concealed Carry Application/Renewal Process:
    Component 1- Complete the entire application form (answer all questions and sign)
    Component 2- Attach a wallet size color photo. The photo must be no older than 30 days.
    Component 3- Provide a copy of documented training, which complies with the concealed carry law for a new application only. Renewal applications must provide a previously issued concealed carry license from any county in Ohio expired or still valid (Read handbook for details.)
    Component 4- Read the concealed carry law handbook cover to cover. (The booklet explains all aspects of the process.) You must attest to reading and understanding this publication.
    Component 5- You must provide a valid driver's license or other official form of identification. You Must also provide one of the following documents...
    United States issued Birth Certificate
    United States issued Passport
    Or Alien Registration documents, showing your legal status in the US

Re: Licking County Application - Birth Certificate

PostPosted: Fri Aug 28, 2020 6:28 pm
by JustaShooter
This is the first I've heard of any such requirement, and as a result I'm unaware of anyone challenging it. The closest the law regarding applications comes to requiring that is the following in ORC 2923.125:

(B) ...
(6) If the applicant is not a citizen or national of the United States, the name of the applicant's country of citizenship and the applicant's alien registration number issued by the United States citizenship and immigration services agency.


It is incumbent on the sheriff to determine if the applicant is *not* living in the US legally, it is not the applicant's responsibility to prove, other than (6) above, that he or she *is*. From (D)(1)
(D)

(1) Except as provided in division (D)(3) of this section, within forty-five days after a sheriff's receipt of an applicant's completed application form for a concealed handgun license under this section, the supporting documentation, and, if not waived, the license fee, the sheriff shall make available through the law enforcement automated data system in accordance with division (H) of this section the information described in that division and, upon making the information available through the system, shall issue to the applicant a concealed handgun license that shall expire as described in division (D)(2)(a) of this section if all of the following apply:

(a) The applicant is legally living in the United States.


I think the birth certificate requirement is extra legal and could be challenged successfully.

Re: Licking County Application - Birth Certificate

PostPosted: Fri Aug 28, 2020 8:08 pm
by Brian D.
Who does OFCC have living there? Chuck? MyWifeSaidYes? Either of those two could be effective allies.

Re: Licking County Application - Birth Certificate

PostPosted: Sun Aug 30, 2020 8:01 am
by AlanM
That may just be an effort to get ahead of the Real ID implementation in Ohio.

https://www.bmv.ohio.gov/newdl-id/index.aspx#gsc.tab=0

It was supposed to go into effect on Oct. 1, 2020 but due to Covid-19 has been extended to Oct. 2021.

I voluntarily got mine in Virginia when I last renewed my driver's license.
You need one to fly anywhere these days (not that I fly).

Re: Licking County Application - Birth Certificate

PostPosted: Sun Aug 30, 2020 3:26 pm
by Gramps
AlanM wrote:That may just be an effort to get ahead of the Real ID implementation in Ohio.

https://www.bmv.ohio.gov/newdl-id/index.aspx#gsc.tab=0

It was supposed to go into effect on Oct. 1, 2020 but due to Covid-19 has been extended to Oct. 2021.

I voluntarily got mine in Virginia when I last renewed my driver's license.
You need one to fly anywhere these days (not that I fly).


Wife and I both got our new DLs 6 or 7 months ago. Bite of a hassle, why we did it before we had to for flying and beat the rush.

Could you go to an adjoining County and renew?

Re: Licking County Application - Birth Certificate

PostPosted: Sun Aug 30, 2020 9:59 pm
by WY_Not
Even if that is the case, the Sheriff is making it up as he goes. A non-Real ID DL is still valid. Last time I renewed I went the non-Real ID route. I figure it will be a cold day in h3ll before I participate in the kabuki theater that is air travel and if someone one REALLY wants me in a federal building then they will let me in. I will continue to get the standard DL. Nothing in the CHL laws says that I must have a Real ID DL. Just a valid DL or State ID.

Regardless of his reasons, he is still failing to follow the law.

AlanM wrote:That may just be an effort to get ahead of the Real ID implementation in Ohio.

https://www.bmv.ohio.gov/newdl-id/index.aspx#gsc.tab=0

It was supposed to go into effect on Oct. 1, 2020 but due to Covid-19 has been extended to Oct. 2021.

I voluntarily got mine in Virginia when I last renewed my driver's license.
You need one to fly anywhere these days (not that I fly).

Re: Licking County Application - Birth Certificate

PostPosted: Mon Aug 31, 2020 5:54 pm
by soulhydration
Thanks for replies. As I understand it, RealID is voluntary. I can why he might request it given the questions on the form but it's not required by law. I might reach out to my state representative... I think this yet another reason we need Constitutional Carry.