Page 1 of 1 [ 10 posts ] 
Author
Message
Post subject: CHL Licensing Question
Post Posted: 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?
Top
Offline
Joined: Sat Nov 09, 2013 11:31 am
Posts: 4
Post subject: Re: CHL Licensing Question
Post Posted: 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...

Christian, Husband, Father
NRA Life Member
NRA Certified Range Safety Officer
NRA Certified Pistol & Rifle Instructor
Top
Offline
User avatar
Joined: Tue Jul 30, 2013 7:36 am
Posts: 658
Location: Akron/Canton
Post subject: Re: CHL Licensing Question
Post Posted: 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.

"I have decided not to vote, speak in public, assemble in groups or petition my government either directly or by writing to the newspapers.

Some ignorant person may become alarmed, and we can't have that.''

--CAR15A2, 3/31/09
Top
Offline
Joined: Thu Jan 01, 2009 9:07 pm
Posts: 1880
Location: SW Ohio
Post subject: Re: CHL Licensing Question
Post Posted: Tue Apr 19, 2016 8:32 am
Generally, misdemeanors that are considered crimes of violence are disqualifiers; some permanent disqualifiers, some temporary.
Top
Offline
Joined: Tue Jun 16, 2009 10:45 am
Posts: 2640
Location: Too close to Cincinnati
Post subject: Re: CHL Licensing Question
Post Posted: 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?

Christian, Husband, Father
NRA Life Member
NRA Certified Range Safety Officer
NRA Certified Pistol & Rifle Instructor
Top
Offline
User avatar
Joined: Tue Jul 30, 2013 7:36 am
Posts: 658
Location: Akron/Canton
Post subject: Re: CHL Licensing Question
Post Posted: 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.
Top
Offline
Joined: Sat Nov 09, 2013 11:31 am
Posts: 4
Post subject: Re: CHL Licensing Question
Post Posted: 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.
Top
Offline
Joined: Sat Nov 09, 2013 11:31 am
Posts: 4
Post subject: Re: CHL Licensing Question
Post Posted: 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.
Top
Offline
Joined: Sat Nov 09, 2013 11:31 am
Posts: 4
Post subject: Re: CHL Licensing Question
Post Posted: 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?

3FULLMAGS+1
They say the best "Home Remedy" for Tyranny is... LEAD POISONING!
Top
Offline
Joined: Thu Sep 20, 2012 10:09 pm
Posts: 394
Location: far sw corner of stark co.
Post subject: Re: CHL Licensing Question
Post Posted: 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 http://forums.buckeyefirearms.org/viewtopic.php?f=11&t=19884.

Stu.
Top
Offline
Joined: Tue May 31, 2016 7:24 pm
Posts: 3
Display posts from previous:  Sort by  
 Page 1 of 1 [ 10 posts ] 

Who is online

Users browsing this forum: Baidu [Spider] and 2 guests

 
You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum
Search for:
Jump to: