Associated Press: Prosecutor to probe release of gun permit holder addresses

6/18/2004, 5:26 p.m. ET
The Associated Press

SIDNEY, Ohio (AP) — A prosecutor will investigate whether a sheriff violated Ohio's new concealed weapons law by releasing the addresses of people granted permits to a newspaper that published the information.

Bob Beasley, spokesman for the Ohio attorney general's office, said he knew of no similar investigation elsewhere in the state.

At issue is what can be publicly disclosed about permit holders under the law, which took effect in April.

The law allows Ohioans to carry hidden guns after passing a background check and completing safety training. It requires sheriffs to disclose the names, county of residence and birth dates of permit holders to journalists who make written requests and state that the information would be in the public interest.

Shelby County Sheriff Kevin O'Leary also released addresses to The Sidney Daily News, a 13,000-circulation Brown Publishing Co. newspaper that published them June 8.

O'Leary said he interpreted "county" to mean address but will no longer release that information after getting an opinion from the Buckeye State Sheriffs' Association. That group interprets the law as barring the release of street addresses, said Bob Cornwell, executive director.

A violation of the disclosure portion of the law is punishable by six months to a year in jail and a $2,500 fine.

Shelby County Common Pleas Judge John Schmitt appointed Miami County Prosecutor Gary Nasal to investigate after Ohioans for Concealed Carry and an attorney for permit holders complained about the release of the information.

Jim Irvine, spokesman for Ohioans For Concealed Carry, said all information about who is carrying concealed weapons should be kept private, to deter criminals. He said disclosing addresses makes permit holders vulnerable to gun theft.

Jeff Billiel, publisher of the Daily News, said O'Leary believed he could legally release the addresses and that the newspaper did not intend to violate any law.

Gov. Bob Taft had threatened to veto the initial legislation, saying it didn't provide enough access to permit records. He agreed to a compromise that allowed only journalists access to the records.

Frank Deaner, executive director of the Ohio Newspaper Association, said other newspapers around the state plan to identify permit holders.

He said it is important that newspapers have access to information to ensure that the permitting process is being done honestly and be able to identify permit holders as a public service.

"Some people may change their social patterns in knowing who in their social circle are carrying weapons," Deaner said.

This story also appeared in the following media outlets:
Canton Repository
Ohio News Network
WHIOtv.com

Commentary:
If ever there was question about the real motivation behind the Ohio Newspaper Association's efforts to record "copies of all applications", this story should put those doubts to rest:

The ONA's Frank Deaner thinks it's in the public interest to reveal for the world the general locations of women who may be hiding from an abusing ex-spouse, persons who have received death threats, etc., because he thinks their friends might be interested to know they have chosen to exercise a Constitutional right. This excuse comes word-for-word from gun ban extremists like Toby Hoover.

Upon reading Sidney Daily News editor Jeff Billiel's comments, one OFCC supporter said "Gee, if Douglas Lyons who carried at Montgomery County courthouse "did not intend to break any laws" could he have a get out of jail free card???"

As OFCC reported in March, Larry Gibbs, editor of the Delaware Gazette (also an ONA member, as is the Sidney Daily News) revealed that the Association's legal counsel had advised its members to "request copies of all applications".

Gibbs went on to say that "a decision about printing applicants’ names and addresses has not been made."

Attorney Ken Hanson immediately notified Mr. Gibbs that printing these addresses would be a violation of the law. Perhaps Gibbs should have shared the facts with other potentially misinformed members of the ONA. Hanson's March 26 letter to Mr. Gibbs can be read by clicking on the "Read More..." link below.

It is obvious from reading the original Sidney Daily News media request to Sheriff O'Leary (.pdf) that editor Sidney Daily News Jeffrey Billiel had gotten the ONA's message. Was he also following the advice of the ONA when he chose to print information from Sheriff O'Leary that is clearly protected by law?

OFCC expects the investigation by Special Prosecutor Nasal will provide the answers these citizens deserve.

Related Stories:
Ohio Newspaper Association advising members to compile lists of CHL applicants

CAN WE TRUST REPORTERS?

Op-Ed: If the media is watching Big Brother, who is watching them?

March 26, 2004

Mr. Gibbs:

You were quoted in this article as stating that you would request application material from the Sheriff's office.

"Editor Larry Gibbs said the Gazette will request copies of all applications made to [Delaware Co. Sheriff] Myers’ office, as advised by legal counsel for the Ohio Newspaper Association. A decision about printing applicants’ names and addresses has not been made."

Please be advised that said request would be illegal, and if the Ohio Newspaper Association is advising their membership to do this, someone should contact them with more accurate legal advice.

HB12 established Ohio Revised Code Section 2923.129(B)(2), which provides that, upon appropriate written request, the sheriff shall disclose the name, count of residence and date of birth of each person to whom the sheriff has issued a license or replacement license, etc..... Violation of division B is a fifth degree felony. Further, a private cause of action is granted anyone harmed by a disclosure in violation of division B. This section also imposes a civil fine on the Sheriff's department employee who provides unauthorized disclosure.

It would certainly appear that requesting or disclosing *APPLICATIONS* is a felony under the bill, as would disclosing *ADDRESSES*. The items permitted to be disclosed to journalists are clearly outlined in the bill, and include only the name, county of residence and date of birth for each person issued a permit.

Other comments by Prosecutor Yost in that same article also seem to be based upon misunderstanding.

Should you have any other questions about HB12, I would be glad to answer any questions. I have been extensively lecturing at competency classes on the legal requirements of HB12, and I have developed a 16 page summary of HB12, which may be freely used by the public. Please ask if you have any doubts, the implementation of this law is already fraught with confusion, and I'd love to see accurate information in order to smooth this process as much as possible.

Ken Hanson Esq.
Firestone and Brehm Ltd.
15 West Winter Street
Delaware, Ohio 43015