Eligibility Question

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.

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anthony1
Posts: 2
Joined: Sun Oct 02, 2011 4:38 am

Eligibility Question

Post by anthony1 »

Does an out of state marijuana ticket prohibit an ohio ccw? I have one from 1998 while driving through tennesee. My only other offense was an omvi in 2003 that was reduced to reckless op.

I talked to a lawyer briefly (on the phone to setup an appointment, so it wasnt "paid advice") but he said Id be ok and didnt need an appointment. He said "fill out the paperework yourself or pay me 500$ to do it" I just want to be sure because I dont want to be denied then have to wait 1 year to reapply if its something as simple as sealing the record befor applying.

I read the application for the ccw permit it appears to only cite ohio code for the disqualifying misdemeanor offense dissqualifiers any info?
Plinko
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Joined: Sun Nov 30, 2008 11:42 pm
Location: Summit County, Ohio

Re: Eligibility Question

Post by Plinko »

Welcome to the forums Anthony. The following is just my opinion and not legal advice.

The application asks -
Have you ever been convicted of or pleaded guilty to, an offense under Chapter 2925., 3719., or 4729. of the Ohio Revised Code that involves the illegal possession, use, sale, administration, or distribution of or trafficking in a drug of abuse, or, except for a delinquent child adjudication the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability?

You were never charged under the ORC, you were charged under the Tennessee Code. Even if I am misinterpreting this and Ohio still considers that a conviction under 2925, then I still say it is my opinion that legally you do not need to report that conviction. Here is why....

ORC 2925.11 - Possession of controlled substances
(D) Arrest or conviction for a minor misdemeanor violation of this section does not constitute a criminal record and need not be reported by the person so arrested or convicted in response to any inquiries about the person’s criminal record, including any inquiries contained in any application for employment, license, or other right or privilege, or made in connection with the person’s appearance as a witness.

The application does state have you been convicted of AN offense? If your violation was more than just a minor misdeameanor, you'll need to report it and you won't get your license.

Could you apply and get your license? (I am assuming it is a minor misdeameanor) then it is possible but I wouldn't guarantee it. My advice to you however is get it sealed anyway for 2 major reasons.

1) As of September 30, 2011 the new law went into effect that essentially removed the disability to OWN firearms in Ohio unless you have a FELONY conviction for Marijuana. Other state laws may be similar to what Ohio just got rid of. The moment you leave Ohio, you could unknowingly be under weapons disability again in some other state that restricts weapons possession even with a minor conviction of Marijuana.

2) If you get it sealed, you are guaranteed a license. You won't need a lawyer and it will be rather inexpensive although you may have to wait several months for the paperwork to go through.

Take my advice for what it is worth.....nothing. I don't know if I am right or wrong. Perhaps one of the more law savvy people here can help you more than I did. Good luck!
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gmhiggins
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Location: Elyria, OH

Re: Eligibility Question

Post by gmhiggins »

anthony1 wrote:Does an out of state marijuana ticket prohibit an ohio ccw? I have one from 1998 while driving through tennesee. My only other offense was an omvi in 2003 that was reduced to reckless op.

I talked to a lawyer briefly (on the phone to setup an appointment, so it wasnt "paid advice") but he said Id be ok and didnt need an appointment. He said "fill out the paperework yourself or pay me 500$ to do it" I just want to be sure because I dont want to be denied then have to wait 1 year to reapply if its something as simple as sealing the record befor applying.

I read the application for the ccw permit it appears to only cite ohio code for the disqualifying misdemeanor offense dissqualifiers any info?
Get it sealed or expunged. You could very likely be under disability, depending on the conviction.
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BobK
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Re: Eligibility Question

Post by BobK »

gmhiggins wrote:Get it sealed or expunged. You could very likely be under disability, depending on the conviction.
Plinko wrote:2) If you get it sealed, you are guaranteed a license. You won't need a lawyer and it will be rather inexpensive although you may have to wait several months for the paperwork to go through.
Please note that he cannot seal a Tennessee conviction in Ohio. That would need to be done in a Tennessee court under Tennessee law.

IANAL and I do not know TN law, but a 2 minute google seems to indicate that expungement is not an option under TN law.
Plinko wrote:You were never charged under the ORC, you were charged under the Tennessee Code. Even if I am misinterpreting this and Ohio still considers that a conviction under 2925, . . .
Convictions in other states still apply when assessing for eligibility. They would look at a conviction and see what Ohio law it is substantially similar to. Look at an extreme example to see the truth in this: If someone is convicted of 1st degree murder in Indiana, that felony will obviously block them from an Ohio license.
Plinko wrote:ORC 2925.11 - Possession of controlled substances
(D) Arrest or conviction for a minor misdemeanor violation of this section does not constitute a criminal record and need not be reported by the person so arrested or convicted in response to any inquiries about the person’s criminal record, including any inquiries contained in any application for employment, license, or other right or privilege, or made in connection with the person’s appearance as a witness.
I don't know the answer here. I've seen people report on these forums that a minor misdemeanor marijuana conviction blocked their CHL. Don't know what the equivalent offense is under TN law.

To the OP. if you cannot get a TN conviction expunged/sealed, and it is a disqualifier for a CHL in Ohio, you can still get a Florida non-resident license.
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More Obamination. Idiots. Can't we find an electable (R) for 2016?
anthony1
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Joined: Sun Oct 02, 2011 4:38 am

Re: Eligibility Question

Post by anthony1 »

Thanks for the replies, I'm going to set up an appointment with the attorney. This is too confusing for me and I dont want to mess it up.

Our first call went like this- l told him my story he said no l'm not eligible because of the MM unless l sealed it, he then said l probably couldn't seal it due to the omvi, then he said "well wait, what state was the marijuana ticket in?" l said tennessee, he laughed then said something to the effect of- you're fine then, you dont even need me the application is very clear about this, do it yourself or l can do it for 500, but make sure you dont posses any firearms until sep30.

thanks, ll will let you know what happens.
glockaholic
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Re: Eligibility Question

Post by glockaholic »

So what happened?
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MyWifeSaidYes
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Re: Eligibility Question

Post by MyWifeSaidYes »

glockaholic wrote:So what happened?
...he asked, in a 1.5 year old thread, to a poster that hasn't returned in 1.5 years.

Another thread back from the dead!
MyWifeSaidYes
TSCombs38
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Joined: Sat Apr 17, 2021 7:19 pm

Re: Eligibility Question

Post by TSCombs38 »

I received two minor misdemeanor charges under ORC 2925.11 back in 2002 and 2004 for possession of a controlled substance, I paid the tickets and had both offenses expunged shortly after. Am I eligible to receive my ccw in Ohio? I have read so many differing opinions on the matter, I just want to know am I safe? The application for my county sheriffs office says,” don’t not include minor misdemeanor charges that have been expunged.” On the same application it says that drug offenses prevent you for obtaining the license..what do I believe?
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