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CCW disqualification?


Tonik

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Ok, so I had a minor drug possession arrest in Michigan back in my hippie days in the late 70's. Tried as an adult. Pleaded guilty, got a years deferred sentence which means the judge waits to sentence you for a year. It's like personal probation from the judge because he plays golf with your lawyer all the time. Anyway......I come back a year later, stayed clean....here is the part I can't remember. I THINK the judge dismissed the case and sealed the records. OR......he just sentenced me to nothing and sealed the case.

I am certain the case was sealed. Just not sure if it was dismissed. And yes I did plead guilty.

I know my BCI comes back clean with no drug offense otherwise I would not have the job that I do. They do a BCI where I work and state law says a drug offense disqualifies you here. But I also know the sheriff will get inside seal records...but from 33 years ago in another state? Edit: Also my FBI comes back clean, they do that now.

So, how do I answer the drug violation question on the permit. Answering it wrong is a felony I think...but answering it yes will disqualify me.

Maybe I need a lawyer instead of an internet forum of bikers. :D

Edited by Tonik
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"oh man...i smoked so much weed during my life time i must have completely forgot about that!"

That would be pretty close to the truth. It certainly explains why I can't remember the details of the outcome.

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One thing I do remember is standing there the first court visit and the police officer is there with the prosecutor at their table and I am at my table without a lawyer...I can't find him anywhere. Then the balif does the all rise thing and inside I am like 'CRAP, my lawyer isn't here and now I am going to the federal pound you in the ass prison'.

Then out comes the judge from his chamber and with him is my lawyer and they are laughing and joking about something.

The cop was soooooo pissed. And no offense to the cop, he was doing his job and he did it well. My lawyer just did his job better.

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*** edit - reading fail *** thought you had plead guilty, so I quoted the law below. I would ask an attorney.

*** edit 2 *** If your BCI comes back clean, you could probably check "no" and get away with it. Let me know how that works. Ask an attorney.

No.

ORC 2923.13 (click)

2923.13 Having weapons while under disability.

(A) Unless relieved from disability as provided in section 2923.14 of the Revised Code, no person shall knowingly acquire, have, carry, or use any firearm or dangerous ordnance, if any of the following apply:

(sections 1 and 2 omitted)

(3) The person is under indictment for or has been convicted of any offense involving the illegal possession, use, sale, administration, distribution, or trafficking in any drug of abuse or has been adjudicated a delinquent child for the commission of an offense that, if committed by an adult, would have been an offense involving the illegal possession, use, sale, administration, distribution, or trafficking in any drug of abuse.

(sections 4 & 5 omitted)

(B) Whoever violates this section is guilty of having weapons while under disability, a felony of the third degree.

Effective Date: 04-08-2004

:)However, you may apply for relief from this disability in the court of common pleas in the county in which you reside (ORC 2923.14, click)

Call an attorney, get the ball rolling on your relief petition.

Edited by jblosser
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Your quote is why I am confused and why (as you suggest) I will ask a lawyer. Note the part I bolded, almost looks like once it is sealed it does not count. Here is the full quote from the state.

(8) Are you under indictment, or otherwise charged with, or except for a conviction or guilty plea the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code, have you ever been

convicted of or pleaded guilty to an offense under Chapter 2925, 3719, or 4729 of the Ohio Revised Code, or a similar offense in any other state, that involves illegal possession, use, sale, administration, distribution of or trafficking in a drug of abuse, or, except for a conviction or guilty plea the records of which a court has ordered sealed or expunged or relative to which a court has granted relief from disability pursuant to section 2923.14 of the Revised Code, have you ever been adjudicated a delinquent child for

committing an act that would be an offense of that nature if committed by an adult?

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Yep, but I am not really going that route. I will do it on the up and up. Early reports from the Ohio Concealed Carry board are that my assessment is correct, I answer no on that question because the records are sealed. That is the correct answer and I am not disqualified.

I found a good gun lawyer locally just a few minutes ago. I will get the final opinion from him and certainly report what he/she says to the crew here.

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Yep, but I am not really going that route. I will do it on the up and up. Early reports from the Ohio Concealed Carry board are that my assessment is correct, I answer no on that question because the records are sealed. That is the correct answer and I am not disqualified.

I found a good gun lawyer locally just a few minutes ago. I will get the final opinion from him and certainly report what he/she says to the crew here.

buckeye firearms and OFCC both have listings of pro-gun lawyers. Good luck sorting through this stuff, but at least you are being proactive and smart about it.

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Why would a pot head hippie want to carry to a gun anyhow????

They love EVERYONE maaannnnn!!!

If the record was sealed, then check "No"

If it comes back on you, then I'd say, it was sealed and should not be on my record anymore.

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