Ohio Supreme Court to hear lawsuit against Franklin Co. Sheriff Karnes

COLUMBUS - Ohioans For Concealed Carry has learned that the Ohio Supreme Court, on a 6-1 vote with Justice Pfeifer dissenting, has issued an alternative writ of mandamus, declining Franklin Co. Sheriff Jim Karnes' request to have a lawsuit against him thrown out.

The lawsuit, filed on April 9 by Josephine Lee, centers around Josephine's application with Sheriff Karnes for a Temporary Emergency License to carry a concealed handgun, as well as her standard application for a concealed handgun license. Karnes had argued that the court should dismiss the case.

After learning of the court's decision Wednesday, attorney Ken Hanson told OFCC, "I haven't received the Order yet, but an alternative writ usually means [Sheriff Karnes] is to show cause why he should not be ordered to do perform his duty under the law, and sets the briefing schedule for both sides."

"Josephine's application complied with the law in all respects," said Hanson, of Firestone and Brehm, Ltd., the law firm representing Josephine. "It appears that the Sheriff's confusion centers around whether he must accept an affidavit at face value, or whether he has discretion to inquire beyond the affidavit and require supporting materials not provided for in the statute."

"The plain language of the statute, and the legislative history, will show that Josephine submitted all that is required under the law," Hanson continued. "The intent of the General Assembly was that victims in Ohio do not have to divulge specific, embarrassing details of their victimization, and do not have to submit to the intimidation of a discretionary process to exercise self defense."

"This law is and always has been about potential victims of crime in our state," said Chad Baus, OFCC spokesman. "No battered woman should have to be subjected to having a deputy claim her reason for needing to bear arms for self-defense isn't good enough. No businessman who believes he has 'reasonable cause to fear a criminal attack upon myself or a member of my family, such as would justify a prudent person in going armed,' should have to wait 45 days to obtain his license, because a certain sheriff refuses to follow the law."

OFCC can report that the TEL application has been accepted as meeting the full requirements of the law regarding evidence of imminent danger in several other counties. The residents of Franklin Co. deserve equal protection under the law.

Ohioans For Concealed Carry is making logistical support available to the Plaintiff in this suit, given its statewide import, and will provide more information as it becomes available.

UPDATE! Franklin Co. Resident Files Merit Brief with Ohio Supreme Court

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