Court asked to void suit aiming to bar gun permits

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May 07, 2004
Cleveland Plain Dealer

Columbus- Ohio Attorney General Jim Petro asked the Ohio Supreme Court on Thursday to dismiss a lawsuit that seeks to stop sheriffs from issuing applications for concealed-handgun permits.

The Toledo-based Ohio Coalition Against Gun Violence filed the suit just a week after the new concealed-handgun law went into effect April 8.

The coalition says it wants justices to halt the process because sheriffs lack information about the mental health of some applicants and have insufficient money to process applications, and because other elements of the law are unconstitutional.

In a legal motion, Petro argued that the lawsuit should have been filed in common pleas court. The coalition's complaint is devoid of any facts to support the allegations and is little more than an effort by the group to strike down the concealed-carry legislation passed by the General Assembly, according to the motion.

"Therefore, it is clear from the face of the complaint that this case requires significant factual discovery and development prior to the court being able to make any determination," the motion said.

Toby Hoover, executive director of the coalition, could not be reached for comment.

Meanwhile, a separate lawsuit in the Supreme Court against Cuyahoga County Sheriff Gerald McFaul has been settled. The suit was filed by Jim Irvine of Ohioans for Concealed Carry to force McFaul to begin taking concealed-carry permit applications.

McFaul had delayed the process while the sheriff's office was being renovated.

After settling the case with Irvine, McFaul announced this week that his office is now accepting appointments for applications.

"They agreed to pay court costs and there was no admission of guilt by either side," Irvine said.

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