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Post subject: Re: HELP ASAP
Post Posted: Sat Jun 11, 2016 6:36 am
Yes aric
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Post subject: Re: HELP ASAP
Post Posted: Sat Jun 11, 2016 9:55 am
Okay, let's go through this. It's going to be a long post...

COURTNEY wrote:
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.

COURTNEY wrote:
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.

I see.

COURTNEY wrote:
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.

COURTNEY wrote:
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.

COURTNEY wrote:
However this was never put on his record permanently.

If you're talking about the conviction for disorderly conduct, yes, yes it was.

COURTNEY wrote:
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.

COURTNEY wrote:
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.

COURTNEY wrote:
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.

COURTNEY wrote:
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.

COURTNEY wrote:
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.

COURTNEY wrote:
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.

Good luck!

And come visit me on the Ohioans for Concealed Carry forum (ohioccwforums.org).

What does a caring, sensitive
person feel when they are forced
to use a handgun to stop a threat?


Recoil.
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Post subject: Re: HELP ASAP
Post Posted: Sat Jun 11, 2016 10:09 am
2903.211 Menacing by stalking is considered a crime of violence, that's what Aric was originally charged with, a felony 4. Crime of violence is a loose your gun rights crime. See 2901.01(9)(a).

Because municipal courts cannot hear felony cases. Must go to grand jury. The municipal wanted the money so the charge was changed to 2917.11 Disorderly conduct, misdemeanor 4.

His denials are being based on the original charge, not what he was convicted of more than likely.

It appears he got 2 years good behavior (probation). Probation cannot block his CCL.
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Post subject: Re: HELP ASAP
Post Posted: Sat Jun 11, 2016 10:27 am
I'm talking about the delay of the first attempted firearm purchase not being on his record.After 88 days a delayed application disappears. He only pled guilty because his family did not have the money to fight it in court. The girl even admitted in court that she did NOT fear for her safety.The court also didn't tell him he could enter a plea of no contest. The only other thing on his record is a speeding ticket. He's never been in trouble otherwise. I've been with him 2 yrs and rarely ever even heard him raise his voice. The protection order ended the day he was sentenced. We have the conviction sheet signed by the judge.
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Post subject: Re: HELP ASAP
Post Posted: Sat Jun 11, 2016 10:34 am
OK. what is he being denied? CCL or purchase of firearm or both?
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Post subject: Re: HELP ASAP
Post Posted: Sat Jun 11, 2016 10:43 am
Nothing yes. Delayed on the purchase background check.
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Post subject: Re: HELP ASAP
Post Posted: Sat Jun 11, 2016 10:43 am
Nothing yet
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Post subject: Re: HELP ASAP
Post Posted: Sat Jun 11, 2016 10:47 am
Does he have his CCL?
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Post subject: Re: HELP ASAP
Post Posted: Sat Jun 11, 2016 10:50 am
His application was submitted on the 2nd.
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Post subject: Re: HELP ASAP
Post Posted: Sat Jun 11, 2016 10:52 am
I suggest he get his CCL before he does anything else.

Does he already own a handgun?
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Post subject: Re: HELP ASAP
Post Posted: Sat Jun 11, 2016 10:59 am
There is no way to not do anything else. He applied for his concealed carry license on the 2nd of this month and then applied for the purchase of a firearm on the 6th. Both actions are already processing. He owns a riffle. No handguns.
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Post subject: Re: HELP ASAP
Post Posted: Sat Jun 11, 2016 11:02 am
Was he purchase a delay or denial? It has to be one or the other.
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Post subject: Re: HELP ASAP
Post Posted: Sat Jun 11, 2016 11:03 am
Delay.
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Post subject: Re: HELP ASAP
Post Posted: Sat Jun 11, 2016 11:06 am
According to the FBI's website it is at the discretion of the firearm distributor to transfer the firearm on Friday for an application submitted on a Monday if the fbi does not provide an approval or denial by friday at 12:01 am.
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Post subject: Re: HELP ASAP
Post Posted: Sat Jun 11, 2016 11:19 am
That's 3 business days. Let us know tomorrow if he gets his gun. Or today.
Last edited by color of law on Sat Jun 11, 2016 11:22 am, edited 1 time in total.
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