COLUMBUS - Ohioans For Concealed Carry has learned that the Ohio Supreme Court, on a 6-1 vote with Justice Pfeifer dissenting, has issued an alternative writ of mandamus, declining Franklin Co. Sheriff Jim Karnes' request to have a lawsuit against him thrown out.

The lawsuit, filed on April 9 by Josephine Lee, centers around Josephine's application with Sheriff Karnes for a Temporary Emergency License to carry a concealed handgun, as well as her standard application for a concealed handgun license. Karnes had argued that the court should dismiss the case.

After learning of the court's decision Wednesday, attorney Ken Hanson told OFCC, "I haven't received the Order yet, but an alternative writ usually means [Sheriff Karnes] is to show cause why he should not be ordered to do perform his duty under the law, and sets the briefing schedule for both sides."

"Josephine's application complied with the law in all respects," said Hanson, of Firestone and Brehm, Ltd., the law firm representing Josephine. "It appears that the Sheriff's confusion centers around whether he must accept an affidavit at face value, or whether he has discretion to inquire beyond the affidavit and require supporting materials not provided for in the statute."

"The plain language of the statute, and the legislative history, will show that Josephine submitted all that is required under the law," Hanson continued. "The intent of the General Assembly was that victims in Ohio do not have to divulge specific, embarrassing details of their victimization, and do not have to submit to the intimidation of a discretionary process to exercise self defense."

"This law is and always has been about potential victims of crime in our state," said Chad Baus, OFCC spokesman. "No battered woman should have to be subjected to having a deputy claim her reason for needing to bear arms for self-defense isn't good enough. No businessman who believes he has 'reasonable cause to fear a criminal attack upon myself or a member of my family, such as would justify a prudent person in going armed,' should have to wait 45 days to obtain his license, because a certain sheriff refuses to follow the law."

OFCC can report that the TEL application has been accepted as meeting the full requirements of the law regarding evidence of imminent danger in several other counties. The residents of Franklin Co. deserve equal protection under the law.

Ohioans For Concealed Carry is making logistical support available to the Plaintiff in this suit, given its statewide import, and will provide more information as it becomes available.

UPDATE! Franklin Co. Resident Files Merit Brief with Ohio Supreme Court

Related Stories:
Franklin Co. resident files suit against Sheriff Jim Karnes

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

UPDATE!
TEN: Another national chain removes discriminatory signs

Ohioans For Concealed Carry has learned that Carter Lumber, an Ohio-owned and operated building materials chain, has ordered its Ohio stores to post discriminatory signs banning CHL-holders.

Carter Lumber has over 240 stores in ten states. According to several store managers in Indiana and Pennsylvania, they do NOT post discriminatory signs and have not received orders to do so. Indiana has had a concealed carry law since 1935, Pennsylvania since the late 80's.

Carter Lumber's decision to discriminate against law-abiding customers offer yet another reason why Home Depot is the world's largest home improvement retailer and second largest retailer in the United States, with more than 1500 stores in the US, and sales in excess of $64 billion last year.

Carter Lumber's decision to discriminate against law-abiding customers offer yet another reason why Lowe's Home Improvement Warehouse is the fastest-growing home-improvement warehouse in the county, and why it was ranked FORTUNE’s 2004 and 2003 Most Admired Specialty Retailer, and ranked number one in Business Week’s S&P 500 ranking - retailing category

Both Lowe's and Home Depot have already indicated that they will not post discriminatory signs banning law-abiding citizens with concealed handguns from their Ohio stores, citing a wealth of experience from their stores in other states which proves that legally-armed citizens pose no problems to retailers.

The next time you hear about "local" retailers whining about national discount stores putting them out of business, ask yourself if they respected their customers as little as Carter Lumber now is.

The Carter Lumber's website says they'd "love to hear any...comments you might have"! Corporate Customer service: 330.673.6100

Carter Lumber
601 Tallmadge Rd.
Kent, OH 44240

Neal Sackett is the president. 877-586-2374

June 21, 2004
Northwest Indiana Times

Granny get your gun

In the 52 years of business for Blythe Sport Shop, Les and Mike Blythe have watched their clientele grow and mature with age.

With store locations in Griffith, Valparaiso and Portage, Les, 48, and Mike, 45, educate customers of all ages about their merchandise and wares, include guns.

A new customer demographic even includes a growing number of senior citizens expressing an interest to purchase guns and firearms, as well as training, for personal safety and security.

"About 80 percent of the people we train in gun safety and who have just purchased a gun are senior citizens and females," Les said.

"It's a trend that's definitely out there, and the interest exists among an older age group who want to feel safer."

Les agreed news headlines and fears about today's society have helped bolster holster interest.

Last week, for example, an East Chicago man became the city's third homicide victim in six days when he was gunned down while riding his bicycle.

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

June 23, 2004
Sidney Daily News

Licensee is law-abiding citizen

Please call me your friend, your associate or your family member. I may be your delivery person, your meter reader or your minister. Call me your brother or sister, your nurse, care giver or a citizen who assist you in an emergency.

I have probably owned a gun my whole adult life and lived next to you for 20 years. I have never assaulted or confronted you in anger before, why would I now? I have a license to carry the weapon I have had in my home for years. I only have it to protect the lives of myself and my family from hurtful people, not to hurt you.

Through the license process I had to pass the scrutiny of local, state and Federal law enforcement. The state did not issue me a license to become a vigilante, a hot shot or a cowboy. I'm old, gray, have children, grandchildren and great-grandchildren.

I believe in my God, my country and in family values. So pour your coffee, read the daily news and relax. Now honest law-abiding people have weapons too. The authorities have a complete record of my ownership. I sure wish the bad people would register theirs. They are the ones to be afraid of.

Clara Owens

Armed resistance to thugs increases the opportunity to save innocent lives. Resistance by any other method - or no resistance at all - can be deadly.

June 23, 2004
ChannelCincinnati.com

Shootings Followed Botched Robberies, Police Say

CINCINNATI -- A 14-year-old boy who is already being held on murder charges is now being charged with killing another person days after the first homicide.

David Harris was charged Tuesday with aggravated murder and robbery in the death of George Vance, 27, of Burlington, Ky., WLWT Eyewitness News 5 reported.

align="right">
Vance was shot and killed May 17 in the 1500 block of Race Street in Over-the-Rhine.

Harris was already being held in the Hamilton County Juvenile Detention Center on aggravated murder and aggravated robbery charges when the new charges were filed Tuesday.

Police said Harris shot and killed David Hutchinson May 13, 2004, on West Elder Street in Over-the-Rhine.

According to the Hamilton County Prosecutor's Office, Harris was a runaway at the time of the shootings.

Both Hutchinson and Vance resisted when Harris tried to rob them, which prompted Harris to pull the trigger, the prosecutor's office said.

June 23, 2004
Columbus Dispatch

2 intruders opened fire, terrifying family

A man and a 10-year-old boy were shot during a break-in of a South Side home early yesterday, Columbus police said.

align="right">
Police were called about 2 a.m. to 1811 Nason Ave. on a report that two men had forced their way into the home and opened fire, said Sgt. Brent Mull, a police spokesman.

James Muncy, 36, was shot four times. He was taken to Grant Medical Center, where he was in critical condition last night.

Tonya Perry, who lives in the home and described herself as a friend of Muncy’s, said doctors told her they expect him to recover.

Perry’s 10-year-old son, Toby, was shot in the buttocks. He was released from Children’s Hospital after being treated but is staying with an aunt because he’s too frightened to return home, his mother said.

Perry speculated the intruders were trying to shoot the family’s dog, which, she said, appeared ready to attack the men.

Yesterday afternoon, Perry said she was still terrified. She pointed to bullet holes in the home’s floor, a couch and a beanbag chair where Toby was lying when the men broke in.

The break-in was the third time her family had been crime victims in recent months, she said.

"But it’s never happened when we were home before — just when we were gone," she said. "This time, we were home, and I had five kids here. They could have killed the kids."

June 24, 2004
Toledo Blade

Assailant who shot himself is dead

A Toledo man who shot his ex-girlfriend's father in the back and then shot himself in the head Tuesday night died yesterday.
Jon Swartz, 30, who had addresses on Brooke Park and Breezeway drives, was pronounced dead at 10:33 a.m. in Toledo Hospital. His ex-girlfriend's father, Patrick Bain, was treated in the hospital after the shootings inside the Bain house, 2827 Middlesex Drive.

Toledo police Lt. Bill Moton said Swartz called Ms. Bain on Tuesday and asked her if she would go with him somewhere. She declined, and he showed up at her house 15 minutes later.

Mr. Bain opened the door and told Swartz to leave his daughter alone. Ms. Bain saw Swartz loading a gun and told her father to close the door. Swartz then pounded on the door. Ms. Bain told her father to get away from the door because Swartz had a gun, the lieutenant said.

He said Swartz fired two shots through the door. Swartz then broke the glass in the door, opened the door, and went inside. Mr. Bain grabbed a baby gate and tried to ward off Swartz, the lieutenant said.

align="right">
He said Mr. Bain turned to run upstairs when Swartz shot him. Mr. Bain went upstairs, where he was with his wife, Ms. Bain, and her child. Swartz followed.

The lieutenant said the family tried to convince Swartz to stop, and Mr. Bain tried to protect his daughter and grandchild. But Swartz jumped on Mr. Bain and the two struggled. When Swartz heard police sirens, he said he didn't want to go to jail and talked about being shot, the lieutenant said.

Officers heard screaming and gunfire inside the house when they arrived. As they entered, they saw Mr. Bain, his daughter, and grandchild coming downstairs. Mr. Bain's wife followed. They told police Swartz shot himself and was in an upstairs bedroom.

Police found him lying unconscious on the floor with a 9mm gun in his hand.

Lieutenant Moton said Swartz's and Ms. Bain's relationship was volatile. Police said Swartz was the jealous type and had threatened Ms. Bain before.