Fenton v. Fischer
Case Details
- Judge(s)
- Tucker
- Status — whether other courts must follow this ruling
- Published
- Procedural Posture — the stage the case had reached
- appeal
Related Laws
No specific laws identified for this ruling.
Excerpt
The lower court, in an R.C. 119.12 administrative appeal, affirmed a county sheriff's denial of Plaintiff-appellant's application for a concealed handgun license under R.C. 2923.125. The sheriff's decision was based upon Plaintiff-appellant's Georgia misdemeanor conviction for possession of marijuana. The lower court, based upon R.C. 2923.125(D)(1)(e), concluded that the Georgia conviction disqualified Plaintiff-appellant from obtaining a concealed handgun license. In Ohio, Plaintiff-appellant's offense, given the amount of marijuana involved, would have been a minor misdemeanor. We conclude, since, under R.C. 2923.125(D)(5), a minor misdemeanor conviction cannot be considered when making a concealed handgun licensure determination, that the lower court erred in concluding that Plaintiff-appellant's Georgia conviction acted to disqualify him from obtaining a concealed handgun license. Judgment reversed and remanded for proceedings consistent with this opinion.
What This Ruling Means
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