Fenton v. Fischer

Citations

• 2017 Ohio 7746
• 97 N.E.3d 1132

Syllabus

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.