Dispatch: Gun law already subject of suits
Cuyahoga County sheriff sued because his office is refusing to process permits until later
April 15, 2004
Columbus Dispatch
The ink is barely dry on the first conceal-carry permit issued in Ohio, as well as the first lawsuits filed in connection with the week-old law.
Columbus resident Josephine Lee has asked the Ohio Supreme Court to compel Franklin County Sheriff Jim Karnes to issue her a temporary, emergency conceal-carry permit and to accept her application for a regular permit.
Meanwhile, the Ohio Coalition Against Gun Violence has asked the high court to void the law and stop sheriffs from processing permits on grounds of "inadequate and incomplete procedures, funds and resources," Toby Hoover said yesterday. Hoover is executive director of the group, which is based in Toledo.
Court spokesman Chris Davey said the sheriffs who have been sued, including Karnes, have 21 days to respond.
Jim Irvine of Ohioans for Concealed Carry said the application process is going reasonably well in most counties. The organization, based in suburban Cleveland, has asked the Supreme Court to force Cuyahoga County Sheriff Gerald McFaul to begin taking applications.
McFaul has refused to take applications until late May or early June, citing construction in the sheriff’s office.
Irvine said in his lawsuit that House Bill 12 required all county sheriffs to start accepting applications on April 8.
"The Cuyahoga County sheriff is not doing his job," Irvine said.
Robert A. Cornwell, executive director of the Buckeye State Sheriffs’ Association, agreed few problems have cropped up across the state.
"Things are going relatively smoothly," he said. "There are a few glitches here and there."
Kim Norris, spokeswoman for Attorney General Jim Petro, said the Bureau of Criminal Identification and Investigation had solved a minor computer problem Friday with the automated fingerprinting system used for processing applications.
Neither Irvine nor Cornwell could estimate how many applications have been received statewide, although Irvine said Clermont County has begun processing several hundred applications with "probably one of the best setups in the state."
Cornwell said the most common questions being asked in the counties are what training is required for retired police officers to carry a concealed weapon and whether law-enforcement retirees and ex-military personnel must pay the $45 fee.
Cornwell said the fee is waived only for retired peace officers and retired federal agents who were required to carry a weapon on duty.
Retired police must have completed handgun training within six years before their retirement or take the standard concealedweapons course, Cornwell said.
The first conceal-carry permit in Ohio was issued shortly after midnight last Thursday to state Rep. Jim Aslanides of Coshocton, the sponsor of House Bill 12, Cornwell said. His background check was completed later that morning, officials said.
L. Kenneth Hanson III, an attorney representing Lee, said she asked the Franklin County sheriff’s office Friday to issue her a temporary emergency permit, presenting a signed statement that she felt in "imminent danger" of a criminal attack.
An officer requested additional information so her need to carry could be reviewed, Hanson said, adding that the law requires only an affidavit for a temporary permit.
But a sheriff’s spokesman said Friday that Lee provided only the number of a police report, which was insufficient.
The sheriff’s office then refused to accept Lee’s application and supporting material for a standard permit, Hanson said.
The sheriff’s office referred a reporter to the Franklin County prosecutor’s office, which did not return a call seeking comment.
Karnes said earlier this month that his office would accept applications only by appointment.
Hoover’s complaint to the Supreme Court cited the lack of any reliable checks on the mental competency of individuals before the start of the permitting process.
Hoover also said the state has provided no funding for sheriffs’ offices to enforce the law; that local governments have been pre-empted from enforcing nocarry zones in parks and parking lots; and that the National Rifle Association has a conflict of interest because its members teach training courses and own gun stores.
Cornwell said the sheriffs would like more funding but still support the law.
Irvine, an NRA instructor, called the provisions in Hoover’s lawsuit "silly." He said the National Rifle Association is interested in gun safety and that it offers superior training.
"Her complaints are baseless," he said.
Related Stories: Cuyahoga County citizen files suit against Sheriff Gerald McFaul
- 1079 reads
