Question about a restrictions related to a CCW permit denial


kgibbs63

kgibbs63

New member
I was denied a CCW permit in 2011 due to a charge of aggrevated menacing from my teens (2006). I managed to get the same thing in 2012 (another charge for the same thing) both were heard in front of an Ohio magistrate and judge respectfully. If i was to apply for a non resident permit in Florida what is the likelihood things would work out?

I'm not a bad guy, the 2006 charge was me being a dumb kid and the other charge was the result of me and a few friends being pushed physically, threatened, verbally assulted and one man in our group was punched. We even tried to walk away several times, this man followed us each time. The cop ended up seeing me with my legally possessed gun and a bunch of unarmed people.

Furthermore, i was accepted into the criminal justice program at my college which required a background check and am going for a career in corrections where ill be required to carry.

What should I do?
 

Everyone can disreguard this post. I just looked at the background check for my schooling and it had a section for local and nationwide background checks. And i came up clean. I dont believe i would be allowed to take a criminal justice course such as a corrections certifcate course if i was not legally allowed to possess a ccw permit, by law anyway. Feel free to correct that statement but, i guess the worst they can do is deny me again.
 
If there were convictions I doubt you'll get the permit. If they were dismissed you're good to go. I thin the permit is a more extensive background check. I don't believe a school check would see a juvenile arrest.
 
Found guilty both times ended up with probation for one and probation & community service for the other
 
kgibbs63 said:
Found guilty both times ended up with probation for one and probation & community service for the other
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Florida has the same prohibition for misdemeanor crimes of violence that Ohio does:

Statutes & Constitution :View Statutes : Online Sunshine


(3) The Department of Agriculture and Consumer Services shall deny a license if the applicant has been found guilty of, had adjudication of guilt withheld for, or had imposition of sentence suspended for one or more crimes of violence constituting a misdemeanor, unless 3 years have elapsed since probation or any other conditions set by the court have been fulfilled or the record has been sealed or expunged. The Department of Agriculture and Consumer Services shall revoke a license if the licensee has been found guilty of, had adjudication of guilt withheld for, or had imposition of sentence suspended for one or more crimes of violence within the preceding 3 years.
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Lawriter - ORC

(f) Except as otherwise provided in division (D)(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 other than a misdemeanor violation of section 2921.33 of the Revised Code or a violation of section 2903.13 of the Revised Code when the victim of the violation is a peace officer, or a misdemeanor violation of section 2923.1211 of the Revised Code; and has not been adjudicated a delinquent child for committing an act that if committed by an adult would be a misdemeanor offense of violence other than a misdemeanor violation of section 2921.33 of the Revised Code or a violation of section 2903.13 of the Revised Code when the victim of the violation is a peace officer or for committing an act that if committed by an adult would be a misdemeanor violation of section 2923.1211 of the Revised Code.
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Looks like you are just going to have to wait for your 3 years to be up and try again in 2015. These prohibitions do not apply to possessing a firearm - they only apply to being able to obtain a permit to conceal it.
 
That was actually when i planned to try again. I was under the impression that i was barred for life from getting my conceal carry permit and i was hoping i could skirt the aggrevated menacing disqualifer in FL. But since 3 years have to pass im still ok i guess. Ill just try again in 2015
 
Wait, it floridas law says "or" not "and". I should be ok in 2014 right? Did i miss something? Glad im trying to get a corrections certificate at my college and no law degree. Laws are hard lol.
 
kgibbs63 said:
Found guilty both times ended up with probation for one and probation & community service for the other
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In Florida it is 3 years after you complete your probation and communitiy service. In Ohio it looks like it is 3 years since the conviction or plea. So it looks like you will be eligible for the Ohio permit before you are eligible for the Florida permit.

Also, not that anyone cares, carrying a loaded firearm in any state other than the state that ISSUED the permit you are carrying on public property within 1000' of a school is a felony. So, if you have a Florida permit, in any state other than Florida it willl be a felony to carry a loaded firearm on public property within 1000' of a school. That's a Federal law, 18 USC 922 (q). Nobody cares because it is extremely rare that it is enforced and normally then usually only as an add on charge when another crime of violence has been committed.
 
Can i still be denied even after those requirements have been met even though i have no other crimes on my record? Basically, im asking if i can be denied if they are still on my record even if 3 years has past. Although, i had a background check done for Kaplan University's criminal justice program and i passed with "no flags" so my other question is, are those charges even there?
 
Ohio and Florida are both "shall issue" states. They cannot legally deny your permit if you meet all the requirements in their laws.
 
Boy, did i dodge a bullet, hypothetically. Thanks for the input, Navy. Off topic, what does the LCDR in your name stand for? My dad was in the navy in the 50's on the USS Boston, the first guided missle cruiser.
 
kgibbs63 said:
Boy, did i dodge a bullet, hypothetically. Thanks for the input, Navy. Off topic, what does the LCDR in your name stand for? My dad was in the navy in the 50's on the USS Boston, the first guided missle cruiser.
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Lieutenant Commander, O-4. Same as a Major in all the other services.
 
kgibbs63 said:
Boy, did i dodge a bullet, hypothetically. Thanks for the input, Navy. Off topic, what does the LCDR in your name stand for? My dad was in the navy in the 50's on the USS Boston, the first guided missle cruiser.
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No, you didn't dodge a bullet, you were found guilty. Hopefully that experience stays with you for life. Sometimes one just walks away from confrontation. Get your permit. Be a good boy and keep it for life.
 
Oh it will. The whole thing was a sham anyway. I pulled my gun to protect people and because i didnt fire when this man was advancing on us i got charged. Then none of my group showed up to testify. I had to plead no contest. I wasnt going to prison because some hick cop jumped to conclusions.
 
kgibbs63 said:
Oh it will. The whole thing was a sham anyway. I pulled my gun to protect people and because i didnt fire when this man was advancing on us i got charged. Then none of my group showed up to testify. I had to plead no contest. I wasnt going to prison because some hick cop jumped to conclusions.
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Friends aren't ***** - But on that same token, if it was a bunch of you and one of him you shouldn't have had to pull your weapon anyway.
 
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