CHL Licensing Question

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snixon67
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CHL Licensing Question

Post by snixon67 » Mon Apr 18, 2016 8:37 pm

Good evening - I have a question I hope someone can help to answer.

I taught a CCW class last weekend, and as we talked about disqualifiers, one of the students said he had a misdemeanor 1 charge of carrying a concealed weapon, the specific ORC was 2923.12 (A)(2). He was given 4 months probation and a $200 fine + costs. He had a handgun in the glove compartment of his car, and immediately informed the police officer of this when he was pulled over for speeding. The officer commented that his notifying saved him from a felony charge.

I've been reading the code and the application, and I'm not clear if this would be a disqualifier as it was an M1 and no jail time. I did advise him to consult with an attorney versed in Ohio gun laws, but do any of you have any insight?

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JustaShooter
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Re: CHL Licensing Question

Post by JustaShooter » Mon Apr 18, 2016 10:17 pm

Unless I'm missing something, I don't see anything that makes an M1 conviction under ORC 2923.12(A)(2) a disqualifier for a CHL. Honestly, I'm surprised, given the nature of the offense. Here's hoping one of the legal eagles will weigh in...
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Brian D.
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Re: CHL Licensing Question

Post by Brian D. » Tue Apr 19, 2016 4:59 am

I wonder how long ago that person was charged/convicted? Most likely after the old "prudent man defense" thing went away with regards to carrying/transporting without a CHL. But a lot of people don't come close to keeping up with changes in laws even when it is completely relevant to their day-to-day routines.
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color of law
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Re: CHL Licensing Question

Post by color of law » Tue Apr 19, 2016 8:32 am

Generally, misdemeanors that are considered crimes of violence are disqualifiers; some permanent disqualifiers, some temporary.

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JustaShooter
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Re: CHL Licensing Question

Post by JustaShooter » Tue Apr 19, 2016 9:13 am

Right, so the question becomes: is a violation of 2923.12(A)(2) an offense of violence? It is not listed in ORC 2901.01(A)(9) as such, and 2923.12 does not indicate it is either. Is there another place in Ohio law that indicates otherwise?
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snixon67
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Re: CHL Licensing Question

Post by snixon67 » Tue Apr 19, 2016 7:01 pm

JustaShooter wrote:Unless I'm missing something, I don't see anything that makes an M1 conviction under ORC 2923.12(A)(2) a disqualifier for a CHL. Honestly, I'm surprised, given the nature of the offense. Here's hoping one of the legal eagles will weigh in...
You see my dilemma! I would think this would be a disqaulifier, but with the way the law and application is worded it's about as clear as mud.

snixon67
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Re: CHL Licensing Question

Post by snixon67 » Tue Apr 19, 2016 7:02 pm

Brian D. wrote:I wonder how long ago that person was charged/convicted? Most likely after the old "prudent man defense" thing went away with regards to carrying/transporting without a CHL. But a lot of people don't come close to keeping up with changes in laws even when it is completely relevant to their day-to-day routines.
The case was finalized in Nov 2015.

snixon67
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Re: CHL Licensing Question

Post by snixon67 » Tue Apr 19, 2016 7:05 pm

color of law wrote:Generally, misdemeanors that are considered crimes of violence are disqualifiers; some permanent disqualifiers, some temporary.
Right. It would be nice if it was black and white, but instead with have the grey areas that leave people in limbo.

3FULLMAGS+1
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Re: CHL Licensing Question

Post by 3FULLMAGS+1 » Thu Apr 21, 2016 1:25 pm

What about just getting a background check in advance and see if you would be disqualified from receiving a chl and go from there?
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SEAMORE5
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Re: CHL Licensing Question

Post by SEAMORE5 » Tue May 31, 2016 11:26 pm

IT ALL STARTED 8 YEARS AGO WHEN I WAS CHARGED WITH DV CHARGE 2919.25 M1 DV COMPLANT FILED BUT IN COURT IT WAS DROP TO a 2917.11A M4 Disorderly Conduct charge back in 2008 will this charge keep me from a ccw ? i live in Dover Ohio any help would be great Thank You

Guys:

SEAMORE5 is a new member, and has managed to post the same question twice.... Please respond to him at viewtopic.php?f=11&t=19884.

Stu.

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