AGAIN: Franklin Co. Sheriff needs help with the definition of ''OR''

First in Athens Co., and now in Franklin Co., two of Ohio's sheriffs seem to being having trouble with the definition of the word "or"...

April 21, 2004
The (Ohio State University) Lantern

Suits file in concerning new carry law

By Trevor Knoblich

Three lawsuits related to the new concealed carry law were filed at the Ohio Supreme Court in the law's first two days of existence.

One lawsuit, filed against Franklin County Sheriff Jim Karnes, states Columbus resident Josephine Lee filed the appropriate paperwork for a temporary emergency permit, but the sheriff would not process it.

L. Kenneth Hanson III, the lawyer representing Lee, said his client was asked for additional information to provide evidence that she was in danger and needed the emergency permit.

"Not only did she do the affidavit - which by itself was good enough - but when they pressed her, she provided a police report number," Hanson said.

Karnes said the law specifically requires a reason for an emergency permit to be issued.

"You have to have a reason," Karnes said. "She didn't have a reason; she just said she was in fear."

Karnes also said Lee needed to provide a copy of a police report, not a number.

"She did not submit proper documentation that would allow her to get an emergency permit," Karnes said.

Hanson said he disagreed. He said the law does not require any information if an applicant has an affidavit.

"Ultimately, the sheriff is wrong," Hanson said.

Click on the "Read More..." link below to read more.

Hanson is also the counsel for the suit against the Cuyahoga County sheriff, Gerald McFaul. The suit was filed for Jim Irvine, a member of Ohioans for Concealed Carry.

The lawsuit states that McFaul's office would not accept applications for permits on April 8. According to the lawsuit, the sheriff's office building is undergoing renovation, and application processing has been postponed.

McFaul did not return a call requesting information, but the Cuyahoga County Sheriff's Web site states that applications will be processed in about four weeks.

Even if the sheriff's office began processing applications now, Hanson said he would probably continue with the lawsuit.

"If we just allow them to suddenly start complying, it's kind of like they can pick and choose what law they comply with," Hanson said.

Rep. Jim Aslanides, R-Coshocton, who sponsored the law, said it was clear when applications were to be accepted.

"If some jurisdictions want to challenge our intent, we'll see where it falls," he said.

The final lawsuit, filed by the Ohio Coalition Against Gun Violence, declares the conceal-carry law unconstitutional.

"We filed a suit for them to stop taking applications or issuing permits because there's inadequate and incomplete procedures, funds and resources," said Toby Hoover, head of the coalition.

Hoover said most counties in Ohio do not have the physical or financial resources to perform the appropriate background checks, especially on people who have just moved to Ohio or those who are mentally ill.

"What we've asked the court to do is have the law enforcement answer to the fact that these things can't be done, so they should stop until they can fix them," Hoover said.

Aslanides said he sees no constitutional problem with the law.

"I'm very confident the law is constitutional," he said.

The law went into effect April 8.

Commentary:
First we learned that Cuyahoga Co. Sheriff Gerald McFaul has trouble understanding the difference between April 8 and "late May". Then, we learned that Athens Co. Sheriff Vern Castle doesn't understand the meaning of the word "or". And now we see that Franklin Co. Sheriff Jim Karnes is having the same problems with comprehending this simple little word.

The law states that an applicant must provide evidence of imminent danger when applying for a temporary emergency license (TEL). But bad news for Sheriff Karnes: the law also provides a definition of what qualifies as said evidence: