Okay, let's go through this. It's going to be a long post...
I find myself if a difficult position and I was hoping for some insight or some help as far as CCW laws go.
We'll help if we can.
My husband is attempting to get his CCW license in the state of OHIO and is running into problems with trying to purchase a firearm.
In 2014 he was accused of stocking an ex-girlfriend while he was away on a business trip. He was not within her city of residence at the time and he was arrested when he got back home. I knew this girl in high school and she was a very disturbed individual. She was under the influence of a lot of drugs and was self harming. She took him to court over the issue and the victim's advocate would not allow the charges to be dropped. Instead he pled down to a M-4 disorderly conduct and paid a court fee.
What I found shows that he pled guilty to the disorderly conduct and was sentenced to a fine of $250 and 30 days in jail. The judge suspended the fine and 27 days of the jail time (because he probably spent 3 days in jail). So court costs and whatever the cost of the bail bond was.
Back in December of 2014 he was delayed on a firearms purchase from a gun and knife show and was told that the FBI had called the vender and said not to sell him the weapon.
That makes sense as the records of convictions get to the FBI pretty quickly, but the 'disposition' of the case may never get there.
However this was never put on his record permanently.
If you're talking about the conviction for disorderly conduct, yes, yes it was.
He has now put in his application for his CCW in Ohio and is in the process of getting approved.
Hope for the best...but expect the worst.
The problem we are facing is that he also put in an application for a firearms purchase a couple days after he filed for his CCW.
I'm not sure what the problem is there.
The application for the CCW is only an ohio state background check and the application for the firearm is a federal background check.
Not as of 3/23/16. The CHL (CCW) application process now includes the same NICS check that the gun dealers use.
The federal background check is going to ignore the conviction and will look at the original accusation even though there was no proof that he ever caused her harm.
Without getting a copy of his FBI rap sheet, you just won't know exactly what's on it.
The CCW background check will be approved because they only look at the conviction. However, if the federal background check comes back first and they only look at the accusation then he will never be allowed to apply for his CCW.
Like I mentioned, as of 3/23/06, the NICS check is included.
What can we do?
I would IMMEDIATELY (on Monday) go to the court and get a copy of his case paperwork, specifically a copy of the judge's orders or charge sheet, basically anything that shows what his ACTUAL charge was. Also, you would want the entry for cancelling or recalling the TPO (temporary protection order). THAT'S going to be important as you cannot posses a gun while that is in effect.
Get that paperwork and take it to the Sheriff and ask them to add it to your application as supporting documentation.
That's what I would do.
Don't try to print out anything from the court web page. Stop in to the court and find the clerk's office and they should be able to help.
If it does help and they issue his CHL, he just needs to find a dealer that will accept it in place of a NICS check (that's something VERY new in Ohio).
If it doesn't help, ask the Sheriff specifically (if it doesn't say in the denial letter) if the NICS check was the reason for denial.
If so, a Voluntary Appeals File would be his next step.
That's a subject for another post.
And come visit me on the Ohioans for Concealed Carry forum (ohioccwforums.org).