Article Archive

Associated Press: Prosecutor to probe release of gun permit holder addresses

6/18/2004, 5:26 p.m. ET
The Associated Press

SIDNEY, Ohio (AP) — A prosecutor will investigate whether a sheriff violated Ohio's new concealed weapons law by releasing the addresses of people granted permits to a newspaper that published the information.

Bob Beasley, spokesman for the Ohio attorney general's office, said he knew of no similar investigation elsewhere in the state.

At issue is what can be publicly disclosed about permit holders under the law, which took effect in April.

The law allows Ohioans to carry hidden guns after passing a background check and completing safety training. It requires sheriffs to disclose the names, county of residence and birth dates of permit holders to journalists who make written requests and state that the information would be in the public interest.

Shelby County Sheriff Kevin O'Leary also released addresses to The Sidney Daily News, a 13,000-circulation Brown Publishing Co. newspaper that published them June 8.

O'Leary said he interpreted "county" to mean address but will no longer release that information after getting an opinion from the Buckeye State Sheriffs' Association. That group interprets the law as barring the release of street addresses, said Bob Cornwell, executive director.

A violation of the disclosure portion of the law is punishable by six months to a year in jail and a $2,500 fine.

Shelby County Common Pleas Judge John Schmitt appointed Miami County Prosecutor Gary Nasal to investigate after Ohioans for Concealed Carry and an attorney for permit holders complained about the release of the information.

Jim Irvine, spokesman for Ohioans For Concealed Carry, said all information about who is carrying concealed weapons should be kept private, to deter criminals. He said disclosing addresses makes permit holders vulnerable to gun theft.

Jeff Billiel, publisher of the Daily News, said O'Leary believed he could legally release the addresses and that the newspaper did not intend to violate any law.

Gov. Bob Taft had threatened to veto the initial legislation, saying it didn't provide enough access to permit records. He agreed to a compromise that allowed only journalists access to the records.

Frank Deaner, executive director of the Ohio Newspaper Association, said other newspapers around the state plan to identify permit holders.

He said it is important that newspapers have access to information to ensure that the permitting process is being done honestly and be able to identify permit holders as a public service.

"Some people may change their social patterns in knowing who in their social circle are carrying weapons," Deaner said.

This story also appeared in the following media outlets:
Canton Repository
Ohio News Network
WHIOtv.com

Commentary:
If ever there was question about the real motivation behind the Ohio Newspaper Association's efforts to record "copies of all applications", this story should put those doubts to rest:

The ONA's Frank Deaner thinks it's in the public interest to reveal for the world the general locations of women who may be hiding from an abusing ex-spouse, persons who have received death threats, etc., because he thinks their friends might be interested to know they have chosen to exercise a Constitutional right. This excuse comes word-for-word from gun ban extremists like Toby Hoover.

Upon reading Sidney Daily News editor Jeff Billiel's comments, one OFCC supporter said "Gee, if Douglas Lyons who carried at Montgomery County courthouse "did not intend to break any laws" could he have a get out of jail free card???"

As OFCC reported in March, Larry Gibbs, editor of the Delaware Gazette (also an ONA member, as is the Sidney Daily News) revealed that the Association's legal counsel had advised its members to "request copies of all applications".

Gibbs went on to say that "a decision about printing applicants’ names and addresses has not been made."

Attorney Ken Hanson immediately notified Mr. Gibbs that printing these addresses would be a violation of the law. Perhaps Gibbs should have shared the facts with other potentially misinformed members of the ONA. Hanson's March 26 letter to Mr. Gibbs can be read by clicking on the "Read More..." link below.

It is obvious from reading the original Sidney Daily News media request to Sheriff O'Leary (.pdf) that editor Sidney Daily News Jeffrey Billiel had gotten the ONA's message. Was he also following the advice of the ONA when he chose to print information from Sheriff O'Leary that is clearly protected by law?

OFCC expects the investigation by Special Prosecutor Nasal will provide the answers these citizens deserve.

Related Stories:
Ohio Newspaper Association advising members to compile lists of CHL applicants

CAN WE TRUST REPORTERS?

Op-Ed: If the media is watching Big Brother, who is watching them?

OSHP's car carry language contributes to increased potential for firearms theft

June 16, 2004

I guess you can mark me down as one of the first people for it to happen to.
I am hanging my head in shame and embarrassment as I write this.

Last Thursday evening when I got home from the store I got out of my van, hit the
door lock and went into my apartment. I do not have a visible holster or a locking glove compartment so I use a GunVault Double level lock box to keep my carry pistol locked up while I am driving.

Long story short, I had a lot on my mind and completely forgot to grab my gun out of my van before I got out.

I am now out of a Smith and Wesson
340PD .357 Scandium revolver and an expensive lock box.

I mentally beat myself up every day for forgetting my firearm in my vehicle
but what really [angers] me is the fact that my concealed carry pistol ever has to leave my pocket. This carrying visibly holstered or locked away in the car [language] needs to be corrected!

Brock
Fulton Co.

Commentary:
The Ohio State Highway Patrol's dangerous 'plain sight' car carry language has just helped put a stolen gun on the street. We warned Senators about this, and on something like this, we don't like being right.

Brock wishes he'd taken his firearm inside. But what if he didn't have that option? Had he been at a posted business or picking up his kids at daycare or in any other victim zone, this was a proper method for storing his firearm in his car while he was inside the victim zone.

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.

From purse-snatching operations in Cincinnati and Columbus, to burglaries, vandalism and car theft in movie theatre and mall parking lots, it is obvious that Gahanna Police Chief Murphy was right when he testified in the Senate last year that the safest place for a CCW-licenseholder's firearm is on the hip of it's owner.

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:
Dayton Daily News, June 17 - Residents urged to remove items from locked cars
FAIRBORN | Police are urging residents to remove items from their locked vehicles after more than 40 vehicles were broken into June 10 and again on Monday.

Related Story:
Business' CCW bans contribute to increased potential for firearms theft