Court says statement of imminent danger sufficient when applying for temporary emergency concealed handgun license

(The following press release has been circulated to media via US Newswire)

Cleveland - November 17th, 2004 - The Ohio Supreme Court ruled today (Lee
v. Karnes, Sheriff - 2004-Ohio-5718[.pdf]) that an applicant for a temporary
emergency license (TEL) to carry a concealed firearm, "…requires only an
applicant’s sworn statement made under threat of perjury that 'the person
has reasonable cause to fear a criminal attack upon the person or a member
of the person’s family, such as would justify a prudent person in going armed.' It does not require underlying facts to support the sworn statement."

This is a huge victory for potential victims. Should someone such as an
estranged wife or person in fear of criminal attack find themselves needing
to carry a firearm to defend themselves against a threat, they can obtain a
TEL the way the legislature intended.

The TEL was designed to replace the former affirmative defense provisions
that allowed gun owners to carry a firearm for self-defense without seeking
prior permission from government officials.

"Some of Ohio's county Sheriffs have wrongly refused to issue a TEL to a
person in need, demanding proof that they had no right to request." said
Jeff Garvas, President Ohioans for Concealed Carry. (OFCC) "Today’s
ruling should end that injustice and cause all Sheriffs to uniformly comply
with the law statewide."

The court denied the writ of mandamus only because the plaintiff had other
legal methods to appeal the denial. They stated, "Sheriff Karnes erred in
denying Lee’s TEL application for lack of sufficient evidence of imminent
danger."

"Ohioans for Concealed Carry has always believed that a sworn affidavit and
accompanying instant background check is all that is required for issuance
of a TEL," said Ken Hanson. "We are pleased that the Supreme Court has unanimously agreed with our interpretation and we now have a statewide standard."

This ruling applies to sheriffs in all 88 Ohio Counties. Attorney Ken Hanson is OFCC's General Council and also represented the plaintiff, Josephine Lee, in this case before the Ohio Supreme Court.

Related Stories:
Temporary Emergency License system in need of attention

Franklin Co. Resident Files Merit Brief with Ohio Supreme Court

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

Franklin Co. resident files suit against Sheriff Jim Karnes

Franklin Co. Sheriff needs help with the definition of ''OR''

Click here to read coverage from the Association Press, or click on the "Read More..." link below for an archived version.

It was little more than a week ago that the Dayton SWAT team announced several firearms had been stolen from an officer's vehicle.

And now this:

Thief steals undercover officer’s gun
November 17, 2004, Columbus Dispatch

A veteran Columbus police detective will be investigated after losing his service pistol to a thief on the East Side yesterday.

The thief was at large and likely armed with the Smith & Wesson 9 mm stainless handgun, authorities said last night.

Clyde Schulze, a plainclothes detective with the pawnshop squad, had left his gun in an unmarked city car while going into Luigi’s Pawn Shop at Livingston Avenue and Courtright Road about 10:15 a.m., police said.

Schulze, 57, hid the gun in a blue gym bag inside the car while working a case. As he walked away from the car, he turned to see a man smash the passenger-side window, grab the bag and run off, police division spokesman Sgt. Brent Mull said.

"We believe this guy had been following him from pawnshop to pawnshop," he said.

Schulze followed the man but couldn’t catch him before he got into a car and took off, Mull said.

Schulze could be disciplined after an internal investigation for losing the weapon, Mull said.

"We’re responsible for our property from our hat to our shoes," he said.

But Schulze might have had good reason to leave the gun if he was working undercover.

"The pawnshop may have had a metal detector," Mull said.

Schulze, a 36-year veteran, referred all calls to Mull.

When a CHL-holder needs to enter a "no-guns" victim zone, Ohio law currently requires to leave their firearm in a locked case in "plain sight" in their motor vehicle, or in a locked glove box.

In testimony supporting House Bill 12, which was under consideration by the Senate Committee on Criminal Justice in May 2003, Gahanna Police Chief Dennis Murphy voiced opposition to the creation of "victim" zones, where people would be required to leave their firearm in their car. He explained that thieves watch people in parking lots, and would quickly notice persons who were removing firearms for storage in their car. Murphy testified that such a law would lead to more gun thefts.

It is obvious that Chief Murphy was right when he testified before Senators that the safest place for a CHL-holder's firearm is on the hip of it's owner.

Police say criminals are known to "case" their targets, watching for citizens who they see storing their firearm or other valuables before leaving their vehicles. As we have documented on this website recently, the Ohio State Highway Patrol's dangerous 'plain sight' car carry language has already helped put a stolen gun on the street. We warned Senators about this, and on something like this, we don't like being right.

We hope legislators remove the 'plain sight' requirements before we are proven right on our prediction that
that this ridiculous language, which was inserted to avoid a Taft veto, will also result in accidental discharges, since fulfilling the law's demands requires too much firearms handling.

Related Stories:
Has ridiculous ''plain sight'' provision claimed first victim?

Business' CCW bans contribute to increased potential for firearms theft

From the anti-gun state of California comes a story of a (defenseless) woman chased through a parking lot by two kidnappers, while (defenseless) onlookers watch helplessly:

Kidnapping Caught on Tape
First Coast News (NBC 12)
CORONA, CA -- A security camera recorded the scene as the woman walked from a parking lot to the sidewalk outside the mall entrance. When a black car pulled up sharply, the woman looked over her shoulder at the car and took off running into a parking garage, the car went after her.

Two men jumped out of the car, chased her down, grabbed her and put her in the trunk.

A few shoppers appeared to turn their heads and watch but took no action. In addition, several motorists drove through the scene.

And from the victim zone nation of Great Britain...

New laws aim to ban shops from selling knives
(UK) Evening Times

NEW laws banning high street shops from selling assault knives, machetes and
other weapons could be introduced by the end of next year.

Sales of replica guns will also be banned because they can be converted into
useable firearms.

First Minister Jack McConnell has been in talks with chief constables on how to
combat the rising level of knife crime, which is at its highest level for 10
years.

Interesting...they ban handguns, and it isn't just crime with handguns that has risen. Seems criminals in England are learning defenseless people can be subdued with far less than a firearm.

This must be a result of that "lack of mandate" the Brady Campaign is talking about...

November 15, 2004
Connecticut Post Online

Assault weapons ban renewal unlikely in Congress

Gun-control advocates lost ground in the 2004 elections, ending any shot that Congress will renew a federal ban on assault weapons in the next two years.

"My general reading is that neither side wants it to come up," said Rep. Christopher Shays, R-4.

The 10-year-old ban, which Shays co-authored, outlawed 19 semi-automatic weapons as well as guns with certain military-style features such as folding stocks, bayonet mounts or flash suppressors.

A clause directed that the ban expire in September 2004 unless Congress specifically reauthorized it.

That did not happen.

House Republican leaders refused to bring the issue to a floor vote and proponents garnered only a third of the 218 signatures needed to force the issue.

The Senate voted 52-47 in favor of a 10-year extension of the ban, as an amendment offered to another bill.

The Senate's pro-ban majority, however, has turned.

Seven of nine newly elected members to the Senate oppose the ban, and another would only support a more narrowly defined ban. They replace senators who voted six to three in favor of the ban.

Click here to read the entire story in the Connecticut Post Online.

November 13, 2004
Asbury Park Press (NJ)

Union Beach students get smart about guns

"If you find a gun, don't touch it," instructed Patrolman Lisa Griffin of the Union Beach police department.

Griffin led a week-long program at the end of October on gun safety for kindergarten through fourth-grade students at Memorial School in Union Beach. On the last day she addressed Melanie Pozarwycki and Florence Byrne's fourth-grade classes.

Griffin explained that although adults may not know the way to handle the situation upon finding a gun, a child's curiousity can do further damage.

"You could be interfering with an investigation," she said. "How many of you have seen CSI?"

With that almost all the students in the room raised their hands.

"Then you know the importance of forensics and not getting your fingerprints on the gun."

"Don't guns have locks on them?" asked 10-year-old Michael Terpak.

"Yes," Griffin responded. "But it's a crime if a person under 16 years old picks up a gun. That's how serious we take gun laws in the state of New Jersey."

The classes then watched a 1998 video titled "Learning Gun Safety with Eddie Eagle" narrated by Jason Priestley and sponsored by the National Rifle Association. In the animated film, Eddie Eagle had four specific instructions for the students.

"If you see a gun -- Stop. Don't touch. Leave the area. Tell an adult."

And while most of the fourth-grade students said they thought the tape was a "bit corny," they were clearly excited to meet Eddie Eagle, the NRA's mascot used to teach children the importance of gun safety.

As the large brown bird entered the room they chanted, "Eddie, Eddie, Eddie!"

Click here to read the entire story in the Asbury Park Press (NJ).

Related Story:
November 16, 2003 - Ohio becomes first state to fund gun safety education in public schools