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Ohio Concealed Carry License - Revocation on Moving out of Ohio

Discussion in 'Guns, Firearms & Weapons' started by buckeye222222, Jan 19, 2017.

  1. buckeye222222

    buckeye222222 Law Topic Starter Guest

    May/shall a sheriff revoke a properly issued Ohio concealed handgun license upon receiving notice that the licensee has moved out of the state?

    Licenses are issued by county sheriffs on a shall-issue basis if the requirements in ORC 2923.125(D)(1) are met. Per ORC 2923.126, a change of address notice must be given to the issuing sheriff within 45 days after a move. Assume that the licensee in question moves out of state and gives proper written notice of a new address in a timely manner.

    Suspension and revocation are handled in ORC 2923.128. The issuing sheriff shall revoke upon becoming aware of a number of conditions, the relevant one being ORC 2923.128(B)(1)(g):

    "At the time of the issuance of the license, the licensee did not meet the residency requirements described in division (D)(1) of section 2923.125 of the Revised Code and currently does not meet the residency requirements described in that division."

    Upon moving out of state, the second half of the clause is true. However due to the "and" it would appear that as long as the licensee met the residency requirements at the time of issuance, it is valid until the normal expiration date. This is contrary to the opinion given by a small sampling of sheriff's offices.
     
  2. army judge

    army judge Super Moderator

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    Even if the sheriff violated the law in your hypothetical, whatever would you seek your remedy?

    If you did pursue a remedy in the proper Ohio court, it would take weeks, if not months to be heard.

    When it was heard, if the court hears it, the matter would be moot by passage of the 45 day expiry period expressed in the statute.

    If the court ignored the expiry period, the former CC permit holder would no longer be an Ohio resident.

    The law is clear.
    To hold the permit, you must be an established resident of the county in question.
     
  3. adjusterjack

    adjusterjack Super Moderator

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    Seems to be a glitch in that statute because I read it the same way you do, that both elements have to exist for a revocation to result after you notify the sheriff of your relocation out of state.

    However, if the sheriff revoked your license, discussing it here won't help you and us agreeing with you won't help you. You will have to sue the sheriff's department in an Ohio court and ask for the court's interpretation of the statute.

    I did a quick search online for cases involving ORC 2923.128(B)(1)(g) and found none but I don't have access to paid case search services that lawyers have so there's no way to know if the statute has been interpreted by Ohio courts yet.

    You'll need to hire an attorney in Ohio to do the legal research for you. If the courts have not interpreted the statute you are welcome to file your suit and ask them to do so. Just be prepared to spend tens of thousands to take it up the appeals ladder because I can pretty much guarantee that the county court will uphold the revocation rather than hamstring their sheriffs.

    Your alternative, of course, is to obtain a CCW in the state in which you now reside as soon as you meet that state's requirements.
     

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