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Thread: CCW after a felony expungemnet

  1. #1
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    CCW after a felony expungemnet

    I have a felony on my record from 12 years ago for a felony 5, theft case. It was $4.09 over a misdeameanor. and I want to know if I get that expunged, will I be able to get a ccw and own a firearm?. I went to local gun shop and they told me I had to contact the ATF with a lawyer and go through alot to get my rights to carry back. Please help me with what ever you can. Thanks

  2. #2
    Herr Heckler Koch
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    Under this section, you are not disabled.
    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:

    (1) The person is a fugitive from justice.

    (2) The person is under indictment for or has been convicted of any felony offense of violence or has been adjudicated a delinquent child for the commission of an offense that, if committed by an adult, would have been a felony offense of violence.

    (3) The person is under indictment for or has been convicted of any felony 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 a felony offense involving the illegal possession, use, sale, administration, distribution, or trafficking in any drug of abuse.

    (4) The person is drug dependent, in danger of drug dependence, or a chronic alcoholic.

    (5) The person is under adjudication of mental incompetence, has been adjudicated as a mental defective, has been committed to a mental institution, has been found by a court to be a mentally ill person subject to hospitalization by court order, or is an involuntary patient other than one who is a patient only for purposes of observation. As used in this division, “mentally ill person subject to hospitalization by court order” and “patient” have the same meanings as in section 5122.01 of the Revised Code.

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

    Amended by 129th General Assembly File No. 30, HB 54, § 1, eff. 9/30/2011.

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    Regular Member Jack House's Avatar
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    Explain?

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    Regular Member SFCRetired's Avatar
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    This is what I found at one site:

    http://suite101.com/article/gun-owne...-felons-a71729

    Federal law forbids a convicted felon from owning or otherwise possessing firearms or ammunition.

    That particular site lists an exception, but it has been my understanding that you would have to get the BATFE to clear your record also. I'm not very clear on the exception or the BATFE thing.

    Some of you here who are much better versed in the law than this old man please lend your expertise.

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    Regular Member Tucker6900's Avatar
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    I have had a felony expunged. Let me put it to you like my lawyer, and the judge, put it to me.

    An expunged felony is like never having one. It can never be used against you in future issues. It cannot be used against you for anything. Its like you were never convicted. The file goes away and gets locked up in a basement somewhere.
    My biggest concern was firearms ownership. When I went to apply for my Michigan cpl, I decided to turn back due to my felony. Then I stared looking into it. And when I realized what "expunged" meant. I went and applied. The sheriff did not find a felony. The gun board didn't find a felony. And I received my permit.

    I am pretty sure that the expungment rules are universal, but you may do some checking first.

    And to add.....Don't go to the atf. Save some money, get a lawyer, and apply through the court. That is Tue best way to do it. One of the conditions of my sentencing was that upon completion of probation, it would be expunged.
    Last edited by Tucker6900; 06-16-2012 at 09:25 PM.

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    Regular Member bigdaddy1's Avatar
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    So you AND your stepson are convicted felons?

    I would TROLL around a bit more.







    If I am wrong and you are simply very misinformed, my apologies. For now I see a TROLL bridge ahead.
    Last edited by bigdaddy1; 06-18-2012 at 07:25 AM.
    What part of "shall not be infringed" don't you understand?

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    felony

    I have never had run ins with law. I would rather they take him in my stepson i mean.He's disrespectful towards his wife and he's dope smokin alki.There guns do not have locks on them and he has a four year old son running around.

  8. #8
    Regular Member Dreamer's Avatar
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    Here's the deal...

    REGARDLESS of whether or not you have a felony, or whether or not it has been expunged. if you "CCW", you will probably be arrested, and lose you rpermit and your gun.

    "CCW" is an abreviation for the CRIME of Carrying a Concealed Weapon. Nowhere in the laws of any state in the USA is the term "CCW" used to describe a lawful mode of carry, or the card that represents the permit/license itself. This term is ONLY used in law to describe a CRIME.

    Please, please, please stop using "CCW" to talk about a licence/permit to carry concealed. You live in Ohio, and your license is called a "License to Carry a Concealed Handgun" (or LCCH for short).

    http://www.usacarry.com/ohio_conceal...formation.html

    Calling a legal, valid permit to carry concealed a "CCW" is like calling lawful marriage "white slavery". They are NOT even remotely the same thing, in the eyes of the law...
    Last edited by Dreamer; 06-19-2012 at 09:23 PM.
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    Quote Originally Posted by SFCRetired View Post
    This is what I found at one site:

    http://suite101.com/article/gun-owne...-felons-a71729

    Federal law forbids a convicted felon from owning or otherwise possessing firearms or ammunition.

    That particular site lists an exception, but it has been my understanding that you would have to get the BATFE to clear your record also. I'm not very clear on the exception or the BATFE thing.
    If the state felony conviction is expunged, then under federal law that conviction no longer disables you from carrying firearms. Assuming the state also treats expunged felonies as no longer disabling you from carrying firearms, then you could legally carry firearms.

    The same is true even if your state conviction is not expunged, but your civil rights are restored as a matter if state law - your core civil rights are the right to vote, hold office, and serve on a jury.

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    Hello all, For what its worth, I am yellow2004gto's nephew and I posted this discussion under his name. I had his permission to do so. I am a convicted felon and I am trying everything I can to get rid of it. It was from 12 years ago and I have not had any troubles since then, not to mention, I was 17 when the crime was committed and arrested after I turned 18. I was a minor when said crime was done. My uncle has never had any trouble with the law what so ever. I am not a troller as you put it, stupid saying by the way. I just would like to get the right answer from someone who knows what they are talking about. I have been told that all I need to do is get it expunged by the courts, others have told me I needed to get it expunged AND get a lawyer to contact the ATF about it being removed which would cost alot of money. I would just like the right answer. I feel that my right as an american to own a firearm to protect my wife and 2 children should not be taken away from me. It WAS NOT a violent crime in any, way, shape or form. No children where involved, there was no sexual crime or drug related offense committed. I paid my dues with jail time and probation, I feel it is complete ******** that I have to pay for it the rest of my life because I was a kid who made a mistake. and all over $4.09 cents and I had a public pretender. What am I supposed to do if a BAD GUY comes in my house to hurt me and my family?? Ask him to wait for the cops to get there or kill him with harsh language?? I know some of you will say, Oh, you did the crime so do the time, I did that already.

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    Quote Originally Posted by Dreamer View Post
    Here's the deal...

    REGARDLESS of whether or not you have a felony, or whether or not it has been expunged. if you "CCW", you will probably be arrested, and lose you rpermit and your gun.

    "CCW" is an abreviation for the CRIME of Carrying a Concealed Weapon. Nowhere in the laws of any state in the USA is the term "CCW" used to describe a lawful mode of carry, or the card that represents the permit/license itself. This term is ONLY used in law to describe a CRIME.

    Please, please, please stop using "CCW" to talk about a licence/permit to carry concealed. You live in Ohio, and your license is called a "License to Carry a Concealed Handgun" (or LCCH for short).

    http://www.usacarry.com/ohio_conceal...formation.html

    Calling a legal, valid permit to carry concealed a "CCW" is like calling lawful marriage "white slavery". They are NOT even remotely the same thing, in the eyes of the law...
    A CCW is what it was called in the local newspaper and even at the local gun shop so, sorry for quoting someone who has no idea what they are talking about.

  12. #12
    Herr Heckler Koch
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    Quote Originally Posted by Travis Baughman View Post
    I have been told that all I need to do is get it expunged by the courts, others have told me I needed to get it expunged AND get a lawyer
    Quote Originally Posted by Herr Heckler Koch View Post
    Under this section, you are not disabled.
    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:

    (1) The person is a fugitive from justice.

    (2) The person is under indictment for or has been convicted of any felony offense of violence or has been adjudicated a delinquent child for the commission of an offense that, if committed by an adult, would have been a felony offense of violence.

    (3) The person is under indictment for or has been convicted of any felony 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 a felony offense involving the illegal possession, use, sale, administration, distribution, or trafficking in any drug of abuse.

    (4) The person is drug dependent, in danger of drug dependence, or a chronic alcoholic.

    (5) The person is under adjudication of mental incompetence, has been adjudicated as a mental defective, has been committed to a mental institution, has been found by a court to be a mentally ill person subject to hospitalization by court order, or is an involuntary patient other than one who is a patient only for purposes of observation. As used in this division, “mentally ill person subject to hospitalization by court order” and “patient” have the same meanings as in section 5122.01 of the Revised Code.

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

    Amended by 129th General Assembly File No. 30, HB 54, § 1, eff. 9/30/2011.
    .

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    Thanks Herr, I appericate it. I already talked to the proscuting attorney in the county about getting it done, The only problem is getting the information I need to include on the paperwork. It will be done this weekend.

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    Michigan Moderator Big Gay Al's Avatar
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    Quote Originally Posted by Travis Baughman View Post
    A CCW is what it was called in the local newspaper and even at the local gun shop so, sorry for quoting someone who has no idea what they are talking about.
    While I sort of understand why some people get ticked about the usage of the abbreviation "CCW," sometimes, I think some people need to take a good look around. I've seen "CCW" used in police stations. Usually on a sign pointing you in the direction you have to go to get finger printed, or have a background check done, or whatever else is necessary to get your concealed license.

    To some, it's like the usage of the term "clip" when you should say "magazine." In the end, who cares, as long as you know what they're talking about.

    And this little discussion is a prime example of why everyone needs to use their own account. Otherwise, large misunderstandings get started that are sometimes difficult to clear up. (Besides, accounts are free to create and use. ) Frankly, I'm getting too old to worry about this stuff.

    I'd suggest asking a lawyer. Usually some are willing to grant an initial interview for free. This way you can describe your problem, they can tell you whether or not your conviction can be expunged, how much it will cost, and if it will restore your rights to own and/or carry a gun.

    Good Luck.
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    Regular Member DrakeZ07's Avatar
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    Quote Originally Posted by Dreamer View Post
    *Snippers~*
    Calling a legal, valid permit to carry concealed a "CCW" is like calling lawful marriage "white slavery". They are NOT even remotely the same thing, in the eyes of the law...
    That made me laugh.

    I will now forever call, and/or refer to marriage, as "White slavery", for the humor and epicness derived from you.

    You sir, win fourteen internets, and a basket of muffins.
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    Regular Member bigdaddy1's Avatar
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    Quote Originally Posted by Dreamer View Post
    Here's the deal...

    REGARDLESS of whether or not you have a felony, or whether or not it has been expunged. if you "CCW", you will probably be arrested, and lose you rpermit and your gun.

    "CCW" is an abreviation for the CRIME of Carrying a Concealed Weapon. Nowhere in the laws of any state in the USA is the term "CCW" used to describe a lawful mode of carry, or the card that represents the permit/license itself. This term is ONLY used in law to describe a CRIME.

    Please, please, please stop using "CCW" to talk about a licence/permit to carry concealed. You live in Ohio, and your license is called a "License to Carry a Concealed Handgun" (or LCCH for short).

    http://www.usacarry.com/ohio_conceal...formation.html

    Calling a legal, valid permit to carry concealed a "CCW" is like calling lawful marriage "white slavery". They are NOT even remotely the same thing, in the eyes of the law...
    Thats why we (Wisconsin folk anyway) call it a CCL. Conceald Carry License.
    What part of "shall not be infringed" don't you understand?

  17. #17
    State Researcher lockman's Avatar
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    Even if successful at getting relief under federal law by going through the ATF procedure to have your rights restored, this will not lift any restriction imposed under state law for a state or local offense.

    Expungement through local courts is the best remedy for state convictions.

  18. #18
    Regular Member Tucker6900's Avatar
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    Quote Originally Posted by lockman View Post
    Even if successful at getting relief under federal law by going through the ATF procedure to have your rights restored, this will not lift any restriction imposed under state law for a state or local offense.

    Expungement through local courts is the best remedy for state convictions.
    +1.

    If it was a state conviction, go to the state. It also worked well for me because I was given the same judge that sentenced me.

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    Hi, I stumbled upon this post of your's when I googled information about getting a conceal carry permit with a felony arrest on my record. 15 years ago, I plead guilty to a felony charge but I only agreed to the plea because my attorney told me he could get me "non-adjudicated" probation. It sounds like you went through something similar. I completed the terms of my probation and do not have a felony on my record. Anyway, fast forward to today. I recently purchased a Glock 26 with no problems other than a 3 day delay due to the ATF looking into the arrest. I applied for my CCP but was told that they needed something saying how my case was resolved. The felony arrest shows in my record but not a felony conviction. Did you have any issues like that? I just don't really know where to start. I don't have much paper work from the courts. It was 15 years ago so I anticipate some issues trying to deal with court clerks and whatnot. Anyway, if you have any advice or feedback, that would be great. Thanks!

    Quote Originally Posted by Tucker6900 View Post
    I have had a felony expunged. Let me put it to you like my lawyer, and the judge, put it to me.

    An expunged felony is like never having one. It can never be used against you in future issues. It cannot be used against you for anything. Its like you were never convicted. The file goes away and gets locked up in a basement somewhere.
    My biggest concern was firearms ownership. When I went to apply for my Michigan cpl, I decided to turn back due to my felony. Then I stared looking into it. And when I realized what "expunged" meant. I went and applied. The sheriff did not find a felony. The gun board didn't find a felony. And I received my permit.

    I am pretty sure that the expungment rules are universal, but you may do some checking first.

    And to add.....Don't go to the atf. Save some money, get a lawyer, and apply through the court. That is Tue best way to do it. One of the conditions of my sentencing was that upon completion of probation, it would be expunged.

  20. #20
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    Welcome to OCDO. Your OPie has not been around for two years. I suggest that you re-post your question in your state's sub-forum as expungements are very peculiar to each state.
    To be sure, were I to be in your presence, I would be carrying my gun at you. Good people ought to be armed as they will, with wits and guns and the Truth. MOLON LABE

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    Quote Originally Posted by Nightmare View Post
    Welcome to OCDO. Your OPie has not been around for two years. I suggest that you re-post your question in your state's sub-forum as expungements are very peculiar to each state.
    Ok, thanks!

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