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Media > Newsletters > Law Enforcement Bulletin > September 2015 > Salgado v. Montgomery County Sheriff’s Office 2015 Ohio 3387

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Salgado v. Montgomery County Sheriff’s Office 2015 Ohio 3387

Question: Can a sheriff’s office deny a carrying concealed weapon (CCW) application on the sole basis of an applicant being convicted on a misdemeanor of the fourth degree drug paraphernalia charge for possessing a marijuana pipe?

Quick Answer: No. In 2012, the Ohio legislature modified ORC 2925.14 and enacted ORC 2925.141 to reclassify the charge of possessing drug paraphernalia relating to the use of marijuana which was previously a misdemeanor of the fourth degree (M4), to a minor misdemeanor (MM).

Facts: In 2004, Salgado was convicted of possession of drug paraphernalia under ORC 2925.14, an M4. In 2012, the legislature reclassified this provision (2925.141) as a MM when the paraphernalia involved the use of marijuana. Salgado applied for and was denied a permit to carry a concealed handgun in 2014 based solely on his 2004 conviction. The CCW statue (2923.125) prohibits issuing a permit to a person who has been convicted of an offense involving the illegal use of a drug of abuse as long as the offense is not classified as a minor misdemeanor. In determining Salgado’s eligibility, the court considered the spirit of the legislature’s intent to distinguish marijuana from other drugs of abuse. In doing so, although Salgado had been convicted of an M4, the court concluded under the new statute this would be a minor misdemeanor thus making Salgado otherwise eligible.
Keep in Mind: Our criminal code often undergoes changes. While some may seem minimal, it is important to remember that these changes can have an impact on charging considerations, sentencing, and even application processes such as CCW permitting.