Shelby Co. Sheriff releases CHL-holders' protected, private information to media

June 8, 2004
Sidney Daily News

Sheriff's Office issues 87 concealed-carry permits

Eighty-seven concealed carry permits have been issued to date by Shelby County Sheriff Kevin O'Leary, according to a list procured from his office.

Permits may be issued to any resident of Shelby or adjoining counties who pass the requirement for a permit.

Those requirements include at least 12 hours of training, including two hours on the firing range.

Permit issuance will occur once each month for at least the remainder of this year, according to information released by the Sheriff's Office. Dates include July 1, Aug. 2, Sept. 1, Oct. 4, Nov. 1 and Dec. 1. Applications may be picked up at the Sheriff's Office, 555 Gearhart Rd.

Permits were issued to...

Remainder of publication redacted by OFCC to protect what is left of the privacy of these 87 individuals. Disgustingly, what follows is a list of all 87 Shelby County licensees, complete with their ADDRESSES.

Commentary by Chad D. Baus:
The newspaper has informed OFCC that the paper received "all information from the Sheriff's Office."

ORC Sec. 2923.129 (B)(2) Upon a written request made to a sheriff and signed by a journalist on or after the effective date of this section, the
sheriff shall disclose to the journalist the name, county of residence, and date of birth of each person to whom the sheriff
has issued a license or replacement license to carry a concealed handgun...

The release of information beyond name, county of residence, and date of birth is considered a felony, and is subject to a $1000 fine, as well as civil action by each of the 87 inviduals who were violated.

ORC Sec. 2923.129 (E) Whoever violates division (B) of this section is guilty
of illegal release of confidential concealed handgun license records, a felony of the fifth degree. In addition to any
penalties imposed under Chapter 2929. of the Revised Code for a violation of division (B) of this section...if the offender is a sheriff, an employee of a
sheriff, or any other public officer or employee, and if the violation was willful and deliberate, the offender shall be
subject to a civil fine of one thousand dollars. Any person who is harmed by a violation of division (B) or (C) of this section...has a private cause of action against the offender for any injury, death, or loss to person or property
that is a proximate result of the violation and may recover court costs and attorney's fees related to the action.

Could the Sidney Daily News also be held criminally responsible for its part in printing this protected information?

ORC Sec. 2923.129 (B)(1) ...Except as provided in division (B)(2) of this section, no person shall release or otherwise disseminate records that are confidential under this division unless required to do so pursuant to a court order. (emphasis added)

The Sidney Daily News is a Brown Publishing newspaper, and the editor is Jeff Billiel, (937)498-5962.

Frequent readers of this website will recall that Brown recently began posting "no-CCW" signs at their offices after the editor of the Wilmington News Journal illegally concealed a firearm and allegedly used it to kidnap a woman.

FLASHBACK: January 8, 2004 - Gongwer News Service
Rep. James Aslanides (R-Coshocton), the bill's sponsor, said in conference committee and during a short floor speech that he would lead an effort to roll back the media access if the "privilege" is abused. "If they abuse the privilege, we can cause them to lose the privilege," he declared, pointing out that the Pennsylvania Legislature struck a similar provision after a newspaper published a list of permit holders.

Senator Marc Dann (D-Youngstown), who had attempted to amend the bill similarly in the prior conference committee, said Mr. Aslanides shouldn't be worried about journalists doing their job. He said it was "not appropriate or necessary to offer any promises or threats" relative to the provision.

"While I would have preferred that the public have full access to the information, I believe that this is a reasonable compromise that will hold the permit system accountable for compliance with the law," Governor Taft said in a prepared statement.

So what happens when the media, whom you claimed would help hold the Sheriffs accountable to following the law, helps a Sheriff break it, Governor Taft?

Ohioans For Concealed Carry is currently working with the Shelby County Prosecutor and the Ohio Attorney General's office on this matter. Updates will follow.

UPDATE! GUN RIGHTS GROUP WANTS INVESTIGATION, PROSECUTION IN RELEASE OF OHIO CCW INFO

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Hey Mr./Ms. Media...it's a LICENSE