Montgomery County Concealed Carry Case Dismissed
The following news story by OFCC's Larry S. Moore was published in the July 26 issue of the Xenia Gazette & Fairborn Daily Herald (and perhaps others).
July 20, 2004
by Larry S. Moore
[Editors Note: Even though Mr. Lyons’ address is public record on the arrest report, the Ohio concealed carry law only permits the printing of the name, date of birth and county of residence. We are only printing that information as the more conservative interpretation of the law.]
The arrest of Douglas M. Lyons, Montgomery County, for attempting to carry a firearm into the Montgomery County Courthouse on June 16, 2004 made immediate headlines. He was charged with illegal conveyance of a deadly weapon or dangerous ordnance into a courthouse. The charge is a fifth degree felony. Lyons received his concealed handgun license earlier the morning of June 16.
Major Jeff Busch of the Montgomery County Sheriff's Office provided information regarding the arrest. Lyons told the deputies on duty at the courthouse that he is a concealed handgun license holder and was carrying his handgun. He presented his license to the deputies. Lyons was inside the courthouse but did not attempt to go through the metal detectors. He asked the deputies if they could hold his handgun while he visited a friend who was scheduled for court. As the deputies questioned Lyons his story began to change. He provided conflicting statements regarding his employment. He appeared confused when ask about where he took the required concealed handgun training and the Ohio Attorney General pamphlet on the concealed carry law. The arrest report indicated that Lyons also gave conflicting statements regarding the no firearms signs posted at the entrance to the courthouse. Major Busch confirmed that the signs posted on the courthouse are large and it was posted prior to June 16.
Greg Flannagan, Assistant Prosecutor and spokesperson for the office, confirmed that the charges against Mr. Lyons were dismissed without comment. Flannagan said, "The concealed carry law is still being interpreted. What occurred at the courthouse did not rise to the level of a crime. Lyons inquired if a storage lockbox service is provided for concealed handgun license (CHL) holders to leave guns. The real question is how does he know? Lyons did not, in his mind, commit a crime. The problem is that the courthouse is clearly posted with signs stating no person shall enter while carrying a gun. Common sense has to be used to evaluate the situation and determine if a crime is committed. The signs are clear to not enter the courthouse with a firearm. We all understand the no shirt, no shoes, and no service signs. The courthouse signs are large with a gun and a red slash. We do need to get the word out to the public about the law. There is no storage area provided at the Montgomery County Courthouse."
"Ohio law allows for courthouse officials to provide a storage place for CHL-holders to deposit their firearm while visiting. But how was Mr. Lyons to know whether or not Montgomery County provides such a facility without going inside to ask?" said Chad Baus, spokesperson for Ohioans For Concealed Carry, "Sheriff Vore's office told the Dayton Daily News that 'gun owners are aware of what the law is and that there will be no warnings, but arrests.' In this case, it appears that the CHL-holder may have had a better understanding of the law than the deputies which made the arrest."
In a press release announcing the appointment of a special prosecutor to investigate the Shelby County sheriff's release of protected private records to the Sidney Daily News, which then published the information, Ohioans For
Concealed Carry (OFCC) President Jeff Garvas stated that "although our organization considers what [Sheriff] O'Leary did to be a serious crime, we feel it is one of numerous instances where Ohio's concealed carry law has made a felony out of something that simply doesn't warrant felony charges."
"When we first learned of Mr. Lyons' arrest in Montgomery County Courthouse, it appeared to be another example of accidental felonies Garvas was referring to," Baus continued. "Certainly those who believe Sheriff O'Leary deserves a break for releasing private, protected information, could also agree that CHL holders don't deserve felony arrest for entering the courthouse to inquire about storage facilities."
"If he refuses to provide a storage facility, we would certainly hope that in the future Sheriff Vore will instruct his deputies to exercise a certain amount of common sense with CHL-holders who may not be aware he has made that decision," said Garvas. "If sheriffs continue to enforce this zero-tolerance policy, we will be forced to return to the legislature to request that storage facilities be mandatory in all public buildings, which are off-limits to CHL-holders."
Clark County Sheriff Gene Kelly commented, "The law is not perfect. There have been no problems at any of the buildings in Clark County. All county buildings, including the Clark County Courthouse, are clearly posted. Concealed handgun license holders should leave their firearms at home or properly secured in their vehicle. Please, do not bring a firearm to any Clark County building or courthouse."
Lt. Melissa Litteral handles many of the concealed carry applications and questions for Greene County Sheriff Gene Fischer. Lt. Litteral noted, "The law is new for everyone. There will be some test cases and perhaps changes. There are clear postings on all the Greene County buildings that no firearms are permitted. Do not bring a weapon into those buildings. The Greene County Sheriff's Office does not provide any storage facilities for license holders to leave a weapon at the Greene County Courthouse."
Ohioans with a concealed handgun license are attempting to comply with a new law that is often confusing. Sheriffs are working to both process the applications and get their forces trained regarding the law. Lyons is fortunate that the charges against him were dismissed. Meanwhile the special prosecutor continues to investigate the Shelby County Sheriff. As many officials noted, common sense is required to make this new law work. However, common sense may not be what is written into the law.
Commentary:
After much initial concern about the hard line the Montgomery Co. Sheriff's office seemed to be taking regarding accidental felonies, OFCC is pleased that the common sense approach to this incident was taken in the prosecutors' office. Common sense must prevail in practice by both license-holders and law enforcement until such time as confusing provisions in Ohio law can be amended by the legislature.
Common sense also seems to have prevailed in Franklin County, where charges against a Kroger security guard who shot a robber have also been dropped:
http://www.fcmcclerk.com/Pa/pa.urd/pamw2000.o_case_sum?2761707
Related Stories:
''No Warnings'' for accidental felonies in Montgomery Co.
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