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 Post subject: Disorderly Conduct
 Post Posted: Sun Aug 28, 2011 7:52 am 
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Stupid question ... Does a conviction of ORC 2917.11 (A)(5) disdualify me from obtaining a CCW. I pled guilty as a plea agreement on a Domestic Violence charge. This is the only conviction I have on my crimminal record (the only charge as far as that goes).


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 Post subject: Re: Disorderly Conduct
 Post Posted: Sun Aug 28, 2011 9:31 am 
 
2917.11 Disorderly conduct shouldnt be a disability. Either way, I would go get it sealed. For about $50 bucks and a little help from the librarian or your lawyer and you shouldnt have any problems.
IANAL


Last edited by AaronM on Sun Aug 28, 2011 9:36 am, edited 1 time in total.

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 Post subject: Re: Disorderly Conduct
 Post Posted: Sun Aug 28, 2011 9:35 am 
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It all depends. (A)(5) will be construed as a domestic violence charge.

Quote:
(5) Creating a condition that is physically offensive to persons or that presents a risk of physical harm to persons or property, by any act that serves no lawful and reasonable purpose of the offender.


Did they designate the charge as a minor misdemeanor?????

Quote:
(E)(1) Whoever violates this section is guilty of disorderly conduct.

(2) Except as otherwise provided in division (E)(3) of this section, disorderly conduct is a minor misdemeanor.

(3) Disorderly conduct is a misdemeanor of the fourth degree if any of the following applies:

(a) The offender persists in disorderly conduct after reasonable warning or request to desist.

(b) The offense is committed in the vicinity of a school or in a school safety zone.

(c) The offense is committed in the presence of any law enforcement officer, firefighter, rescuer, medical person, emergency medical services person, or other authorized person who is engaged in the person’s duties at the scene of a fire, accident, disaster, riot, or emergency of any kind.

(d) The offense is committed in the presence of any emergency facility person who is engaged in the person’s duties in an emergency facility.


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 Post subject: Re: Disorderly Conduct
 Post Posted: Sun Aug 28, 2011 9:41 am 
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A plea agreement is a contract. What does the contract say? What did you agree to in writing? If it is not in writing it doesn't count......

I agree with AaronBMahan as far as to sealing the record.


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 Post subject: Re: Disorderly Conduct
 Post Posted: Sun Aug 28, 2011 10:45 am 
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It was a M4. misdemeanor 4th degree


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 Post subject: Re: Disorderly Conduct
 Post Posted: Sun Aug 28, 2011 10:53 am 
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Does the word "domestic" appear in any part of your final charge? Like domestic disorderly?

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 Post subject: Re: Disorderly Conduct
 Post Posted: Sun Aug 28, 2011 1:12 pm 
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Here is the docket judgement entry as it appears on the public access files of Mahoning County Court.
CASE CALLED DEFT IN COURT REP BY ATTY WITHDRAWS NG PLEA & ENTERS PLEA NC WAIVES INTRO EVID CT FINDS DEFT GUILTY REDUCED CHARGE: 2917.11(A)(5) DIS. COND OF THE ORC M4 FINE: $100.00 COSTS: $65.00 JAIL:30 DAYS JAIL/30 DAYS SUSPENDED OL STATUS: PROBATION: 12 MONTHS REPORTING PROBATION TIME TO PAY:30 DAYS TIME TO PAY COMMENTS:FURTHER ORDERED BY THIS COURT THAT DEFENDANT SHALL ATTEND ANGER MANAGEMENT COUNSELING. /S/ DV Charge #1: DISORDERLY CONDUCT/ PERSISTED


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 Post subject: Re: Disorderly Conduct
 Post Posted: Sun Aug 28, 2011 1:47 pm 
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The DV is the killer. Disorderly Conduct can be a lesser offense of domestic violence. Since the DV appears in your ruling I think it is treated as domestic violence. If I am reading it right you can't even own a gun period. The misdemeanor part is irrelevant. Of course IANAL so I may be completely wrong.

Have you tried to pass a NICS check?

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 Post subject: Re: Disorderly Conduct
 Post Posted: Sun Aug 28, 2011 2:10 pm 
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IANAL, but IMHO...as a paralegal reading the code...

He can't own a gun if he was convicted of a violent felony. But he could apply for relief and show reasons why he has been rehabilitated and should be allowed to own a gun. But this wasn't a felony, it was an M4.

He can't get a CCW if he was convicted of a crime of violence or a misdemeanor of crime of violence within the preceding 3 years, or if he has an active protection order. If it wasn't within the last 3 years, he should be ok. If he is denied, he can appeal.

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Gun Control: The theory that a woman found dead in an alley, raped and strangled with her panty hose, is somehow morally superior to a woman explaining to police how her attacker got that fatal bullet wound. -Anon.


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 Post subject: Re: Disorderly Conduct
 Post Posted: Sun Aug 28, 2011 2:29 pm 
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I meant the misdemeanor part is irrelevant in the context that most people think only felonies disqualify you. That DV tag is a killer too no matter what number comes after the M. I wasn't aware of the 3 year part but you are right Beth. He should be able to apply for relief from disability.

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 Post subject: Re: Disorderly Conduct
 Post Posted: Sun Aug 28, 2011 2:38 pm 
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DV is a federal weapons disability...he would have to apply to the US attorney general to get that released...but if he was able to get the records *sealed* it would exclude the conviction from being considered. 2917.11(A)(5) isn't specifically a DV charge, though, so ...Personally I would go talk to a lawyer. :D

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Beth

Gun Control: The theory that a woman found dead in an alley, raped and strangled with her panty hose, is somehow morally superior to a woman explaining to police how her attacker got that fatal bullet wound. -Anon.


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 Post subject: Re: Disorderly Conduct
 Post Posted: Sun Aug 28, 2011 2:43 pm 
 
Bang Bang Beth wrote:
IANAL, but IMHO...as a paralegal reading the code...

He can't own a gun if he was convicted of a violent felony. But he could apply for relief and show reasons why he has been rehabilitated and should be allowed to own a gun. But this wasn't a felony, it was an M4.

He can't get a CCW if he was convicted of a crime of violence or a misdemeanor of crime of violence within the preceding 3 years, or if he has an active protection order. If it wasn't within the last 3 years, he should be ok. If he is denied, he can appeal.


Just to throw the code out there Beth. [hi5]

Quote:
2923.125(D)(1)
(f) Except as otherwise provided in division (D)(5) of this section, the applicant, within three years of the date of the application, has not been convicted of or pleaded guilty to a misdemeanor offense of violence other than a misdemeanor violation of section 2921.33 of the Revised Code or a violation of section 2903.13 of the Revised Code when the victim of the violation is a peace officer, or a misdemeanor violation of section 2923.1211 of the Revised Code; and has not been adjudicated a delinquent child for committing an act that if committed by an adult would be a misdemeanor offense of violence other than a misdemeanor violation of section 2921.33 of the Revised Code or a violation of section 2903.13 of the Revised Code when the victim of the violation is a peace officer or for committing an act that if committed by an adult would be a misdemeanor violation of section 2923.1211 of the Revised Code.


Quote:
2923.125(D)
(5) If an applicant has been convicted of or pleaded guilty to an offense identified in division (D)(1)(e), (f), or (h) of this section or has been adjudicated a delinquent child for committing an act or violation identified in any of those divisions, and if a court has ordered the sealing or expungement of the records of that conviction, guilty plea, or adjudication pursuant to sections 2151.355 to 2151.358 or sections 2953.31 to 2953.36 of the Revised Code or a court has granted the applicant relief pursuant to section 2923.14 of the Revised Code from the disability imposed pursuant to section 2923.13 of the Revised Code relative to that conviction, guilty plea, or adjudication, the sheriff with whom the application was submitted shall not consider the conviction, guilty plea, or adjudication in making a determination under division (D)(1) or (F) of this section or, in relation to an application for a temporary emergency license to carry a concealed handgun submitted under section 2923.1213 of the Revised Code, in making a determination under division (B)(2) of that section.


Quote:
(e) Except as otherwise provided in division (D)(5) of this section, the applicant has not been convicted of or pleaded guilty to a felony or an offense under Chapter 2925., 3719., or 4729. of the Revised Code that involves the illegal possession, use, sale, administration, or distribution of or trafficking in a drug of abuse; has not been adjudicated a delinquent child for committing an act that if committed by an adult would be a felony or would be an offense under Chapter 2925., 3719., or 4729. of the Revised Code that involves the illegal possession, use, sale, administration, or distribution of or trafficking in a drug of abuse; and has not been convicted of, pleaded guilty to, or adjudicated a delinquent child for committing a violation of section 2903.13 of the Revised Code when the victim of the violation is a peace officer, regardless of whether the applicant was sentenced under division (C)(3) of that section.


Quote:
(h) Except as otherwise provided in division (D)(5) of this section, the applicant, within ten years of the date of the application, has not been convicted of, pleaded guilty to, or adjudicated a delinquent child for committing a violation of section 2921.33 of the Revised Code.

I just noticed, no where is 2917.11 mentioned?


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 Post subject: Re: Disorderly Conduct
 Post Posted: Sun Aug 28, 2011 3:42 pm 
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Just wonderin.Is this D.V. thing an Ohio thing or all or more states?I got friends who still get red flagged over this.One was a hollerin match between Husband and wife. Me thinks this is a ways and means of denying someone of certain rights.Next thing ya know they'll yank your rite to vote for arguin with yer spouse.


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 Post subject: Re: Disorderly Conduct
 Post Posted: Sun Aug 28, 2011 4:24 pm 
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2917.11 is mentioned in the Lautenberg Amendment. It's also mentioned in case law where it can be used as a lessor charge of DV.
http://www.opd.ohio.gov/RC_Casebook/dis ... onduct.htm

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 Post subject: Re: Disorderly Conduct
 Post Posted: Sun Aug 28, 2011 5:00 pm 
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AaronBMahan wrote:
I just noticed, no where is 2917.11 mentioned?


2917.11 is one of several sections dealing with violent offenses. They just say an "offense of violence other than" those defined by 2921 which is basically attacking a cop.

Buckeye Dan wrote:
2917.11 is mentioned in the Lautenberg Amendment. It's also mentioned in case law where it can be used as a lessor charge of DV.
http://www.opd.ohio.gov/RC_Casebook/dis ... onduct.htm


It's a lesser included charge, but does it include the specification for domestic violence that was included in the original charge? If not, he shouldn't be under disability for DV.

hackleshinn wrote:
Just wonderin.Is this D.V. thing an Ohio thing or all or more states?I got friends who still get red flagged over this.One was a hollerin match between Husband and wife. Me thinks this is a ways and means of denying someone of certain rights.Next thing ya know they'll yank your rite to vote for arguin with yer spouse.


Domestic violence is a Federal weapons disability...I can see where the feds might want to prevent someone from owning a gun if he has a history of violent behavior against his own family...

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Beth

Gun Control: The theory that a woman found dead in an alley, raped and strangled with her panty hose, is somehow morally superior to a woman explaining to police how her attacker got that fatal bullet wound. -Anon.


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