Eligibility for a CHL

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Big George
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Joined: Tue Dec 29, 2015 7:54 am

Eligibility for a CHL

Post by Big George » Wed Dec 30, 2015 11:14 am

Let me first say that I just joined the Forum.

Back in 1987 I plead guilty to a first degree misdemeanor assault which was neither a domestic charge nor against a LEO.

Would that offence disqualify me from obtaining a CHL.

I have no problem passing the NICS check and purchasing a firearm, but I believe that the County Sheriff conducts a more thorough check.

Would appreciate any feedback.

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JustaShooter
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Location: Akron/Canton

Re: Eligibility for a CHL

Post by JustaShooter » Wed Dec 30, 2015 12:03 pm

It's not that the check is more thorough, rather the qualifications for a CHL are different than for possessing a firearm. At first glance, you may not be eligible due to this requirement in ORC 2923.125 (D) (1) (d):
(d) The applicant is not under indictment for or otherwise charged with a felony; 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; a misdemeanor offense of violence; or a violation of section 2903.14 or 2923.1211 of the Revised Code.
But, it all depends on exactly what you plead guilty to. Can you post the exact section of the ORC that you plead guilty to?
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cardguy
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Re: Eligibility for a CHL

Post by cardguy » Tue Jan 12, 2016 5:22 pm

Ohio Revised Code 2923.125(D)(1)(f) states: Except as otherwise provided in division (D)(4) or (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.

A misdemeanor assault conviction outside of 3 years (except for a domestic violence conviction)is not a disqualifier.
Big George wrote:Let me first say that I just joined the Forum.

Back in 1987 I plead guilty to a first degree misdemeanor assault which was neither a domestic charge nor against a LEO.

Would that offence disqualify me from obtaining a CHL.

I have no problem passing the NICS check and purchasing a firearm, but I believe that the County Sheriff conducts a more thorough check.

Would appreciate any feedback.

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SMMAssociates
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Location: Youngstown OH

Re: Eligibility for a CHL

Post by SMMAssociates » Tue Jan 12, 2016 6:07 pm

Big George:

Welcome Aboard!

The Clerk of Courts in the County where your case was adjudicated should be able to help you seal your record, although you probably don't need to. DV, Assault on a Police Officer, and Drugs can be a problem, but just whacking your neighbor about the head for playing his stereo too loud shouldn't be.

(I've got a neighbor who's son has a band. Good thing the houses are fairly far apart, and they practice in the basement :D....)

I would call that Clerk first, though. Might be smart to get a lawyer to do the initial legwork. Don't assume a call to the Sheriff is going to be something you can count on. IANAL and all that, but you shouldn't have a problem. (The problem is that if an application is rejected, you have to wait a year before you can re-apply. Best to knock that roadblock out before you apply. Although I think the consensus here is that you can ignore it.)

There's a sticky at viewtopic.php?f=6&t=10097 that you should have a look at, but it's not mandatory. Might be sleep inducing, though, or you might fall for the subliminal "buy two guns and send one to Stu" message :mrgreen:.

cardguy:

I think you slipped past me when you joined, so the above boilerplate is for you, too :D....

Regards,
Stu

(Why write a quick note when you can write a novel?)

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