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buckeye222222
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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.
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.