Denied Conceal Carry permit, how to go about the Appeal process?
This is a discussion on Denied Conceal Carry permit, how to go about the Appeal process? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I moved to Cincinnati Ohio from Florida back in April 2012. I applied for my permit 49 days ago. I called today & I was ...
November 28th, 2012 03:51 AM
Denied Conceal Carry permit, how to go about the Appeal process?
I moved to Cincinnati Ohio from Florida back in April 2012. I applied for my permit 49 days ago. I called today & I was told that i got denied in Ohio for my CCL. I'm confused because I recently was able to buy 2 guns with this last 45+ days. I haven't received the denial letter as of yet.
I was told I was denied because I had previous charge, (but that charge never turned into a conviction due to it being -Adjudication Withheld felony in Florida)
(The charge was not for any type of drugs, violence, or anything dealing with a child, or weapons). (Adjudication Withheld means a person is not found guilty legally by the court. The whole premise of an adjudication withheld judgment is that it enables, upon completion of the probation requirements, for an individual to clear his or her name for the charges brought against them. In essence, the adjudication withheld process simply defers punishment, a guilty ruling & a permanent status on
the individualís record. Upon completion, the individual will be cleared of all charges and will be free from punishment. By withholding the adjudication of guilt the
court is not convicting you of the crime. If the offense is a felony you will not lose your civil rights. Having the adjudication of guilt withheld also leaves you eligible
to have your criminal history record sealed or expunged).
When I choose to go the route I did (in reference to the case) I went the "cheaper" route of settling with Adjudication Withheld instead of going through with a full hearing w/ a jury because of what Adjudication Withheld meant... I can legally check "NO" on Applications that ask if you're a convicted felon
I'm so confused on what happened. I haven't had any issues before in reference to the out come of backgrounds checks.
So if this is the case, why was I denied & what should i do?
November 28th, 2012 05:48 AM
I can only suggest one thing, A T T O R N E Y!
The last Blood Moon Tetrad for this millennium starts in April 2014 and ends in September 2015...according to NASA.
Certified Glock Armorer
NRA Life Member[/B]
November 28th, 2012 06:45 AM
^^^ Yeah, any advice you get here will likely be worth exactly what you are paying for it. Good luck and welcome to the forum.
I have a very strict gun control policy: if there's a gun around, I want to be in control of it.
November 28th, 2012 06:49 AM
There is not much to add when good advice has already been given.
Good luck, and welcome to the forum.
"If you make something idiot proof, someone will make a better idiot."
November 28th, 2012 09:43 AM
To the OP
If you decide to speak with an attorney, I'd recommend Derek DeBrosse. He's in Columbus but specializes in firearms law as well as being an NRA Certified Instuctor and gun rights advocate. His office number is (614) 326-1919. His website is here
To the mods, I checked the TOS and don't see any issue with recommending Derek, but if there is, feel free to delete it.
November 28th, 2012 10:41 AM
Have you heard the saying, "Legal advice over the net is worth what you pay for it"? Like others have suggested get in touch with a good attorney. Hopefully one that knows Ohio and Florida law inside and out. While I have no personal knowledge of the attorney OldMick gave a source I would certainly look into. Good luck.
To the mods: Perhaps it would be good to add a legal sub section. In it could be questions members have and the responses as well as maybe a few good attorneys that are well versed in firearms law in each their respective states.
November 28th, 2012 12:07 PM
You might want to look into having this record expunged. Until then, it will continue to show up on background checks and cause you problems. You'd need a FL attorney to assist you with this.
Hope you'll post an update and let us know what you find out.
"...people who carry a gun understand that they are arming themselves against a very unlikely event... People who arm themselves are not confused about the odds. They are concerned about the stakes. -Kathy Jackson
NRA Life Member
November 28th, 2012 12:36 PM
Originally Posted by MrsHB
NRA Life Member
GOA Life Member
Behave Like Someone Who is Determined to be FREE!
November 28th, 2012 12:55 PM
Your problem has nothing to do with the circumstances or charge of the past offense in FL; only one word matters: Felony.
As others noted, an attorney will need to research this for you. Ultimately, if not done already, the documents will have to be signed by a judge in FL. That said, if you are showing up in NCIC as a felon (which is what most agencies use to check history), this has to be corrected with the FBI as well. Not to be discouraging, this will likely not be a quick or easy fix, but should be repairable if what you state is indeed fact.
Also, you should probably ask your attorney if you should even own or possess a gun at all at this point in time. If you are showing up as a felon in the system (correct or not), this could cause you even more headache in the short term if a situation arose involving you and a gun in your possession and LE gets involved.
"Better to be judged by 12 than carried by 6"
Flight Surgeon, USAF
Law Enforcement Tactical Surgeon
NRA Patron Member
November 28th, 2012 01:07 PM
As an alternative, I might recommend Ken Hanson. He also specializes in firearms law in Ohio and also teaches the law portion of many of the Columbus area CCW classes. Contact info is on his page.
Originally Posted by OldMick
Ken Hanson - NRA BOD Biography | Center Mass Ltd.
ALSO (copy/pasted from the Ohio Revised Code)
Lawriter - ORC - 2923.127 Challenging denial of license.
2923.127 Challenging denial of license.
(A) If a sheriff denies an application for a license to carry a concealed handgun, denies the renewal of a license to carry a concealed handgun, or denies an application for a temporary emergency license to carry a concealed handgun as a result of the criminal records check conducted pursuant to section 311.41 of the Revised Code and if the applicant believes the denial was based on incorrect information reported by the source the sheriff used in conducting the criminal records check, the applicant may challenge the criminal records check results using whichever of the following is applicable:
(1) If the bureau of criminal identification and investigation performed the criminal records check, by using the bureauís existing challenge and review procedures;
(2) If division (A)(1) of this section does not apply, by using the existing challenge and review procedure of the sheriff who denied the application or, if the sheriff does not have a challenge and review procedure, by using the challenge and review procedure prescribed by the bureau of criminal identification and investigation pursuant to division (B) of this section.
(B) The bureau of criminal identification and investigation shall prescribe a challenge and review procedure for applicants to use to challenge criminal records checks under division (A)(2) of this section in counties in which the sheriff with whom the application for a license to carry a concealed handgun or for the renewal of a license to carry a concealed handgun was filed or with whom the application for a temporary emergency license to carry a concealed handgun was submitted does not have an existing challenge and review procedure.
Effective Date: 04-08-2004; 03-14-2007
November 28th, 2012 02:41 PM
November 28th, 2012 03:01 PM
An Expunged record will show up on a criminal background check showing the arrest,If you put down you had never been arrested for a felony there check would show you had lied.I put dwn the Arrest even though my record had been expunged over 15 years ago.They then wanted all the paperwork,Charges and disposition of the case,
Originally Posted by MrsHB
"Outside of the killings, Washington has one of the lowest crime rates in the country,"
--Mayor Marion Barry, Washington , DC .
November 28th, 2012 08:12 PM
There is an appeals process in place. I would second the suggestions of the above mentioned attorneys, both are well known and respected in the firearms circles around here. You could also try contacting Buckeye Firearms Association (Ken Hanson is their legislative chair), and seeing what advice/help they can offer.
The way I understand it, you will receive written notification from the sheriff stating the grounds of the denial. You can then either appeal through the Sheriff, or the BCI. One of the lawyers would be able to tell you which method has a greater chance of success. Part of that may depend on which county Sheriff you have applied with.
Maybe contact the authorities in Florida and make sure that the probation requirements you mentioned above have been satisfied?
Fortes Fortuna Juvat
Former, USMC 0311, OIF/OEF vet
NRA Pistol/Rifle/Shotgun/Reloading Instructor, RSO, Ohio CHL Instructor
November 28th, 2012 08:48 PM
I'm in Texas, so can't speak for Ohio law, but in Texas a deferred adjudication is the same thing as a conviction for CHL purposes. So you weren't convicted of a felony, which is why you can still buy guns. But the Ohio CHL laws, if similar to Texas, may include deferred adjudications in their definition of conviction for CHL purposes.
As others said, call an attorney. But I'd research the Ohio requirements first, so you don't walk into a meeting with an attorney not knowing what the state's requirements are.
November 28th, 2012 08:55 PM
Expunctions won't show up. That is what an expunction is - erasing the record. An order of non disclosure is often what people receive, but mistake for an expunction. A sealed record or order of non disclosure will seal the record from everyone but law enforcement, state and federal licensing agencies, and of course the FBI. In fact, the FBI record will list the disposition along with "order of non disclosure" on their official rap sheet for you. An expunction wouldn't show up.
Originally Posted by dukalmighty
Note that expunction is preferred due to this, but unlikely if you pleaded no contest or guilty as required in deferred adjudication cases. Expunctions are typically for dismissals, no charges filed arrest records, and acquittals. Orders of non disclosure are more common to seal deferred adjudication cases. Won't remove the record completely, but will seal it from private companies responsible for employment background checks.
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