Ohioans For Concealed Carry Calls on Legislators to Repeal Media Access Loophole

June 17, 2004, 12:01 a.m.

CLEVELAND - Ohioans For Concealed Carry today announced that it is calling upon the Ohio General Assembly to remove the flawed media access loophole from the new concealed handgun license law.

The move is being made following the announcement by Shelby County Prosecutor Jim Stevenson that, in response to his request, Court of Common Pleas
Judge John D. Schmitt has appointed a special prosecutor (Miami County Prosecutor Gary Nasal) to look into possible criminal violations by Shelby Co. Sheriff Kevin O'Leary and Sidney Daily News editor Jeffrey Billiel, a Brown Publishing Co. employee.

At least ten Ohio Concealed Handgun License-holders have contacted OFCC's Office of General Counsel for advice on seeking legal recourse for damages related to the release of their private, protected information. These people were referred to Attorney Ken Hanson with the firm of Firestone and Brehm, Ltd., for legal help.

Several national news outlets have covered this story, following a press statement from OFCC, which first raised awareness of the sheriff's actions. The Citizen's Committee on the Right to Keep and Bear Arms has called upon the Attorney General's office to investigate this matter.

"It really is an unfortunate situation for these citizens. Most commented that the disclosure will have an impact on their lives, including one person who previously had received death threats and now has his home address printed in the paper," said Attorney Hanson, who has agreed to make the results of his research and investigation available to the special prosecutor, and to forward the contact information for the victims who consent to being contacted.

The special prosecutor will investigate allegations that Sheriff O'Leary "did release or otherwise disseminate records that are confidential under Ohio Revised Code Section 2923.129(B)(1), and against the peace and dignity of the State of Ohio, a fifth degree felony." The investigation will also examine charges that O'Leary committed dereliction of duty and violated the civil rights of the 85 license-holders whose private information was disseminated. Those crimes are misdemeanors of the second and first degree, respectively.

"When Governor Taft insisted on inserting this loophole at the eleventh hour, it was justified, in part, by adding penalties for violating this same section," said attorney Ken Hanson. "My clients have asked the [Shelby Co.] prosecutor to enforce these protections. This investigation will decide whether violators will be held accountable, or whether Sheriff O'Leary and the Sidney Daily News will be Exhibit A offered with legislation that will be introduced to repeal the media access loophole."

Ohioans For Concealed Carry has opposed the media access loophole from the moment Governor Taft began demanding it last November. Even when sheriffs follow it properly, it puts them in an awkward position. Sheriffs are already reporting that they are struggling to keep up with demand for licenses, and the frequent and unnecessary requests for access by the media just saddles them with more paperwork.

"Sheriffs don't deserve to be faced with the specter of committing accidental felonies any more than do license-holders who are struggling to comply with the Ohio State Highway Patrol's flawed ‘plain sight’ car-carry language," remarked Jim Irvine, OFCC PAC Chairman. "This loophole is only law because of Bob Taft and a few term-limited Republican senators. On December 17th of last year, in the final hours of debate over House Bill 12, Senator Doug White told Ohio Public Radio that several Republican senators were afraid to override the threat of a Taft veto because they were hoping for job appointments."

"Although our organization considers what O'Leary did to be a serious crime," said Jeff Garvas, President of Ohioans For Concealed Carry, "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."

"We support the sheriffs," stated Garvas. "We are calling upon the General Assembly to remove this useless loophole from the law before Election Day. It is not being used for the supposed reasons it was inserted, and it now threatens to ruin the career of a sheriff and newspaper editor over an alleged accidental felony."

UPDATE! CNSNews.com has picked up this story!
Concealed Carry Advocates Seek Improvements in New Ohio Law

Related Stories:
New online poll tests Shelby Co. Sheriff's assertions about ''vague'' law

Sidney Daily News and Shelby Co. Sheriff maintain they committed no crimes

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

Click on the "Read More..." link below for the Citizens Committee for the Right to Keep and Bear Arms media statement on these developments.

June 15, 2004
Insight Magazine

The National Association of Chiefs of Police recently released its 16th Annual Survey of Police Chiefs and Sheriffs and, according to Vice President and Public Affairs Specialist Jim Kouri, some of the survey findings are surprising and compelling.

"The survey had some surprising results on topics including terrorism, gun control, homeland security, drug enforcement and others," says Kouri.

With regard to private citizens owning firearms for sport or self-defense, 94 percent of the respondents supported civilian gun-ownership rights. Ninety-six percent of the police chiefs and sheriffs believe criminals obtain firearms from illegal sources and 91 percent revealed they hadn't arrested anyone for violation of the so-called "waiting period" laws.

When asked if they opposed citizens obtaining concealed-weapons permits, only 34 percent said yes.

Commentary:
66% of the nation's police chiefs, most from states who have had experience with such laws for years and years, continue to support concealed carry laws.

So what is wrong with the Ohio Association of Chiefs of Police? Not only did that organization oppose House Bill 12 and every piece of legislation before it that saught to restore Ohioans self-defense rights, but even now it is arguing that off-duty police officers must adhere to all the restrictions that Ohio citizens with CHLs must obey, including forcing officers to disarm before entering businesses which post "no-guns" signs.

Ohio FOP State Secretary and Legislative Chairman Mike Taylor has expressed the state FOP's disagreement with the OACP's position. According to FOP President Bill Capretta, Ohio Attorney General Jim Petro agrees with the FOP's position.

Nevertheless, businesses on the Do Not Patronize While Armed list need to be aware that they are not just disarming customers at the door, but also at least some law enforcement officers, all thanks for an Ohio Chiefs of Police Association that is out of step with the large majority of our nation's law enforcement.

Related Stories:
June 8, 2004: Elyria Chonicle Telegram -
Court gun ban angers police

June 9, 2004: Elyria Chonicle Telegram -
Judges weigh in on gun ban

June 17, 2004: Elyria Chonicle Telegram - Poll shows opposition to ban

June 16, 2004
Lorain Morning Journal

Toby Hoover (executive director of the Ohio Coalition Against Gun Violence) has yet again proven her hypocrisy when she stated in a June 10 letter that only a fraction of Ohioans will acquire concealed handgun licenses (she incorrectly referred to them as permits). We've said for years that only a small percentage of Ohioans will acquire these licenses, yet Toby Hoover has devoted her life to abolishing gun rights by law-abiding citizens after the tragic murder of her husband many years ago.

Why admit now that our estimates were always true? Because it fits the purpose of her argument today. The target of Hoover's extremist gun control is the law-abiding citizen, not the criminal who would murder a store owner with a firearm.

The irony is that responsible Ohioans are not to blame for the "gun violence" her organization purports to be against. Further, weeks after enactment a licensed store owner used his concealed firearm to fend off armed robbery suspects, mortally wounding the gunman. Walking into a store dressed head to toe in black and carrying a firearm is an accurate definition of gun violence.

Hoover should rename her group the Coalition Against Self-defense, Common Sense, Civil Rights, and Personal Choice.

Since our Do Not Patronize While Armed Database and calling cards have been available, and through open-minded discussions with business owners, we have convinced a staggering number of small and large businesses to reconsider the danger they're putting themselves and their patrons into.

Posting a sign that says "nobody here has a gun" tells the career criminal that everyone is the ideal victim. How many parking lot abductions at the mall during the holidays does it take to show the extreme liability of these signs?

Click on the "Read More..." link below for more.

June 15, 2004
Columbus Dispatch

25-year-old man slain in University District

A 25-year-old man was killed yesterday after being shot behind the wheel of a sport utility vehicle on a University District street.

Mark Warren, 25, had pulled over on E. 8 th Avenue near the N. 5 th Street intersection when a man on foot shot him at about 5:20 p.m. Police said he had stopped the SUV to talk to someone.

After the shooting, the navy blue Chevy Suburban hit a chain-link fence in a yard.

Witnesses said the driver had been shot in the head.

One woman, who lives a block away from the shooting scene, said she had heard five or six shots.

"I knew from the sound of it someone was dead," said Melony, a 24-year-old resident who didn’t want her last name used because "I have to live here."

She talked just outside the crime-scene tape, underneath a sign that read: "No violence against others. No violence against ourselves."

"Brother, they don’t read signs," she mumbled.

FLASHBACK: Gross Negligence: Ohio State Highway Patrol bureaucrats respond to pro-CCW email
"The fundamental nature of motor vehicles allows those who feel threatened to simply drive away..."

We are pleased to announce that Ohio Secretary of State Ken Blackwell will serve as keynote speaker at the first annual Ohioans For Concealed Carry Party in the Park on September 4.

Mr. Blackwell is a staunch supporter of the Second Amendment and of Ohio's constitutional right to bear arms for defense and security.

Please make plans to attend this Labor Day weekend event at a Central Ohio park to be announced.

The entire OFCC staff is looking forward to meeting all the people who have made us successful. It will be a fun day for the whole family.

Further details will be posted on this website.