Cuyahoga County citizen files suit against Sheriff Gerald McFaul

FOR IMMEDIATE RELEASE

For further information, contact Attorney Ken Hanson

WRIT OF MANDAMUS SOUGHT
AGAINST CUYAHOGA COUNTY SHERIFF MCFAUL

Suit was filed in the Ohio Supreme Court today (Case No. 04-585) against Cuyahoga County Sheriff Gerald McFaul, seeking to have the Supreme Court order Sheriff McFaul to accept and process applications for concealed handgun licenses during normal business hours. The suit was filed within two hours of McFaul’s office refusing to accept a concealed carry application from Cuyahoga County resident James Irvine.

McFaul has been quoted as saying he will not accept or process concealed carry applications until new office space is ready in late May, 2004.

Mr. Irvine, a long-time member and spokesman for Ohioans for Concealed Carry, has filed for what is technically known as a peremptory writ of mandamus and an alternative writ of mandamus with the Supreme Court. Mandamus is the term used to describe a legal order coming from a Court to an elected official ordering that official to fulfill their duties. Ohio’s mandamus statute also provides for the County to pay for the complaining party’s attorney’s fees if they succeed.

“I think the people of Cuyahoga County have some very serious questions to ask Sheriff McFaul,” said attorney Ken Hanson of Firestone and Brehm, Ltd. the law firm representing Mr. Irvine. “The law could not be more clear – Sheriff McFaul must accept and process these applications. The only remaining question is whether he is going to process the applications in an orderly manner, as other Sheriffs in Ohio are doing, or whether he wants to do it one applicant, and one set of attorney fees, per lawsuit.”

Ohioans For Concealed Carry is making logistical support available to the Plaintiff in this suit, given its statewide import.

UPDATE: Jim Irvine's Writ Of Mandamus Court Documents

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Jim Irvine, of Strongsville, came to the Sheriff's Department in the Justice Center early Thursday morning and asked to apply for the license. When he was told by a member of the sheriff's staff that the applications could not be processed, Irvine responded, "That's unacceptable.

"For years, gun owners have complied with laws we didn't like, and today we expect the sheriff to comply with the law," he said.

Related Story:
BSSA Exec. Dir.: Sheriffs have "duty under law" to accept apps April 8