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Post subject: Re: Let Your Representatives Know!
Post Posted: Wed May 11, 2016 8:46 pm
If I were you, I would hire an attorney and appeal the CHL denial.

"Laws that forbid the carrying of arms**disarm only those who [don't] commit crimes. Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than prevent homicides." - Thomas Jefferson.
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Post subject: Re: Let Your Representatives Know!
Post Posted: Wed May 11, 2016 9:09 pm
I'm 32 now. I just wanna know if there is a legit way for me to get my ccw with the way the application is written now.
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Post subject: Re: Let Your Representatives Know!
Post Posted: Wed May 11, 2016 9:30 pm
It's possible I didn't explain myself properly. The crimes happend when I was a juvenile. I was charged as a juvenile in the state of Florida. Without knowing any better I took my CCW course here in Ohio where I live now and went to get my permit. They ran the background check and saw the juvenile felony from FL. They said I have to get it expunged before they would issue my permit. Having been adjudicated (convicted as a minor) I don't qualify in the state of FL for an expungement or sealing. So, I am left in dismay knowing that my juvenile record is being used against me even though it's been 15+ years. I have talked to every lawyer in both states....they all give me different answers! I was told the best thing I could possibly do is get a "pardon" from the state of Florida. Although, I don't think a pardon classifies as an expungement or is going to be recognized here in Ohio. So, I was wondering if anyone had any good advice or, knows something I don't. Thanks again!!
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Post subject: Re: Let Your Representatives Know!
Post Posted: Wed May 11, 2016 9:33 pm
Forgive me for being new to the site. I wasn't able to see the last posted. I never actually got denied. He decided to give my money back so it wouldn't get denied...lol. You're saying I should apply, get denied then appeal it?
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Post subject: Re: Let Your Representatives Know!
Post Posted: Wed May 11, 2016 9:55 pm
The CHL application is outdated. It was written prior to March 23, 2015. The statement between questions 5 and 6 should state that you do not count convictions or adjudications for which restoration by operation of law or legal process applies. The application, however, is not law; the statutes are, and R.C. § 2923.125(D)(4) provides that the sheriff "shall not" consider convictions or adjudications when restoration by operation of law or legal process has occurred. And it appears that juvenile adjudications from Florida have restoration by operation of law at age 24.

You could make copies of the Florida laws and case referenced above and R.C. § 2923.125(D)(4) (http://codes.ohio.gov/orc/2923.125v1) and R.C. § 2923.13 (http://codes.ohio.gov/orc/2923.13) and go back and explain to the deputy that Florida restores rights by operation of law at age 24 and that Ohio law (R.C. § 2923.125(D)(4)) provides that he/she cannot consider it as an adjudication. Then if your application is denied, you can hire counsel and appeal it.

"Laws that forbid the carrying of arms**disarm only those who [don't] commit crimes. Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than prevent homicides." - Thomas Jefferson.
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Post subject: Re: Let Your Representatives Know!
Post Posted: Wed May 11, 2016 10:00 pm
Dude, I appreciate everything! I have been racking my brain for about a month trying to figure this out. God figure, no lawyer or sheriff for that matter had a straight answer. I hope this works!! Thanks again for all the help guys!!
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Post subject: Re: Let Your Representatives Know!
Post Posted: Wed May 11, 2016 10:04 pm
The Florida statues (i.e., Fla. Stat. §§ 790.001(6), 790.23(1)(a)&(b)) can be found here: http://www.leg.state.fl.us/statutes/ind ... 0.001.html. State v. Menuto, 912 So. 2d 603 - Fla: Dist. Court of Appeals, 2nd Dist. 2005 (Florida) can be found here: https://scholar.google.com/scholar_case ... s_sdt=4,10.

"Laws that forbid the carrying of arms**disarm only those who [don't] commit crimes. Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than prevent homicides." - Thomas Jefferson.
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Post subject: Re: Let Your Representatives Know!
Post Posted: Wed May 11, 2016 10:11 pm
HB 234 can be found here: http://archives.legislature.state.oh.us ... 130_HB_234. That will show that the language about restoration by operation of law or legal process in both R.C. § 2923.125(D)(4) and R.C. § 2923.13 became law on March 23, 2015.

"Laws that forbid the carrying of arms**disarm only those who [don't] commit crimes. Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than prevent homicides." - Thomas Jefferson.
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Post subject: Re: Let Your Representatives Know!
Post Posted: Thu May 12, 2016 3:26 pm
So, according to the prosecutor I still don't qualify qualify because there was no expungment.
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Post subject: Re: Let Your Representatives Know!
Post Posted: Thu May 12, 2016 3:32 pm
Funny thing is, I never lost my civil rights as a juvenile. And, the whole age of 24 thing of juvenile record being expunged in Florida only applies if there was no conviction. I am at a loss here. I could appeal it but, according to the ORC they are doing what the law says
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Post subject: Re: Let Your Representatives Know!
Post Posted: Thu May 12, 2016 4:15 pm
Of course the prosecutor is going to say that. He/she would be who represents the Sheriff in an appeal. And they are not doing what Ohio law says. Expungement is one of the exceptions listed in the procedures for the Sheriff to follow when issuing a CHL, but that section also lists record sealing, restoration by court order and by operation of law. If Florida restores firearms rights to those adjudicated as being delinquent for a disqualifying offense when the person turns 24, then the Sheriff is required to issue the CHL.

You will probably have to hire an attorney to get this resolved. While an attorney may not already be aware of the legal requirements, he/she should be able to understand it if you print copies of the laws I provided links to and give them to him/her. Just tell the lawyer that the law recently changed.

Pretty much any other state, you would be up a creek without a paddle--even with a pardon. Virginia just changed their laws to accept other states' restorations. Montana does and Alaska would work simply due to the lack of prohibition laws. I am not aware of any other state besides Ohio.

What is funny is that most states have reciprocity agreements with other state's to recognize CHL licenses, but they don't recognize each other's restorations. So you could have a CHL from Ohio that is recognized by Texas, but if you ever lost your rights and had them restored, Texas would lock you up for a felony for possessing the firearm. But Ohio recognizes a Texas CHL and a Texas restoration. This situation exists because people (i.e., most politicians and lawyers and LE) don't understand firearms restoration law.

"Laws that forbid the carrying of arms**disarm only those who [don't] commit crimes. Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than prevent homicides." - Thomas Jefferson.
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Post subject: Re: Let Your Representatives Know!
Post Posted: Fri May 13, 2016 5:45 pm
Yeah, it seemed like the deputy was trying to figure it out. He even had the law pulled up and was reading them. The application they are using is current. I guess I will have to figure it out with a lawyer. Thanks
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Post subject: Re: Let Your Representatives Know!
Post Posted: Fri May 13, 2016 6:25 pm
Everyone I talk to tells me that ohio doesn't recognize florida's age 24 thing. I am sending all the info you provided me with to an attorney and let him decipher it. This crap is giving me a headache..lol
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Post subject: Re: Let Your Representatives Know!
Post Posted: Fri May 13, 2016 6:38 pm
Figured you might find this part funny. I just had a lawyer call me and say that I shouldn't even be able to own a firearm!! Even though I have legally purchased multiple through a background check...lol. I'm done....
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Post subject: Re: Let Your Representatives Know!
Post Posted: Fri May 13, 2016 8:31 pm
Fishnbud214, have you considered applying for a Florida non-resident license? That license would be valid for you to carry in Ohio since we have a written reciprocal agreement with Florida.

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