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:
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

Related Stories
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Taft supports not ''stigmatizing'' ex-cons; insisted on stigmatizing CHL-holders

Ohio Newspaper Association advising members to compile lists of CHL applicants

AP: Taft says concealed carry veto likely

Asked and Answered. Tracking the Taft "invasion of privacy" conspiracy

Indiana newspaper hears loud voice of opposition to publishing CCW list

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

SIGNS COME DOWN in Southwest Ohio Kroger stores, Perkins Family Restaurants state-wide

Ohioans For Concealed carry is pleased to announce that two major national chains have begun removing discriminatory signs banning concealed handgun license-holders from their stores this week.

On Monday June 7, the Task Force received word that Perkins Family Restaurants had ordered all Ohio "No guns" signs to be removed. In a letter announcing the decision, Perkins Executive Vice President Marc Teaberry pointed out that Perkins has "numerous locations in Pennsylvania, which has always had a concealed weapon law, and have never had any problems." He stated that the company had been "given bad advice by our attorneys".

Also on Monday, OFCC began receiving reports that Kroger stores in the Cincinnati Division (which includes greater Dayton) had begun removing their discriminatory signs. Throughout the week, more reports have poured in about signs being removed throughout the area under the control of Bob Hodge, President of Kroger's Cincinnati Division.

It is not yet known if this action is in any way related to the assault and robbery of a 70-year old Kroger customer outside a posted store on May 23. Whatever the reasons, the move is a welcome one.

"It has been quite a week for OFCC's Business Education Task Force," said Coordinator Joe Eaton, "and for the countless grassroots volunteers across the state who have been working to educate business-owners about the facts surrounding concealed carry."

"Ohioans are already being forced to learn that businesses on the Do Not Patronize While Armed list are dangerous places to be," said Chad Baus, OFCC Spokesperson. "Already, customers and employees at ten retail stores and banks on the list have experienced violent criminal encounters. And that's just the ones we know about."

OFCC volunteers have achieved a great deal of success with helping business owners understand that the safest course of action is to remove their discriminatory signs and allow this law to work.

To date, 15 major chains and approximately 200 other business locations have removed their signs and opened their doors to Ohio Concealed Handgun License-holders.

UPDATE! Several national media outlets have picked up this story

The Do Not Patronize While Armed list has been improved, and is NOW AVAILABLE HERE!

Click here for a complete list of retailers which have removed signs since April 8.

Please note: One of the businesses quoted in this story, Fligner's Supermarket, contacted OFCC's Jim Irvine after completing his interview with this reporter. After a short, informative conversation, Mr. Fligner, a gun owner himself, removed his signs. It is once again safe to shop at Fligner's.

June 9, 2004
Lorain Morning Journal

LORAIN -- Supporters of Ohio's new law that allows for the carrying of concealed handguns are taking aim at businesses that ban the practice on their premises.

Ohioans For Concealed Carry is compiling a ''do not patronize while armed'' list of businesses that ban concealed carry and is posting the list on its Web site at www.ofcc.net.

OFCC is also selling ''do not patronize'' business cards, which concealed carry license holders can hand out to the businesses that ban them.

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The card states: ''You lost my business today and in the future. For your convenience, you will be added to our Do Not Patronize' database.''

The card also features a graphic that depicts the banning of guns being equal to the loss of money.

Jim Irvine, a spokesman for OFCC, said the organization's actions should not be construed as a boycott of the businesses that find their way onto the ''do not patronize'' list.

''It's to let people know they can't go in certain places, so they won't get cited for trespassing,'' said Irvine, who lives in Strongsville and is also a commercial airline pilot.

Several Lorain County businesses are listed on the ''do not patronize'' list, including the Apples grocery stores in Elyria, Lorain and Norwalk, The Morning Journal and Fligner's Supermarket in Lorain.

Ben Fligner, who owns and operates Fligner's, was surprised to learn his business was on the list. Fligner said he decided to ban concealed carry at his store because he feared it could eventually lead to an anger-fueled shooting in his store.

''People might do something they might not usually do if they weren't carrying the weapon,'' Fligner said.

Steve Krakomperger, who owns the Apples grocery stores in Elyria and Lorain, as well as the Village Market in Wellington, would not comment on his decision for banning guns in his stores or on the reaction of his customers.

Owners of some of the other area businesses on the organization's list could not be reached for comment.

More than 25 area businesses and municipalities are listed.

Irvine said businesses that ban concealed carry are setting themselves up for a hard time. He said criminals target businesses that ban concealed carry because ''they know there is no one to stop them.''

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

June 9, 2004
Dayton Daily News

Arcanum gun ban challenged
State law says OK, village says no

The village of Arcanum has banned concealed handguns from its village land and parks, despite a new state law that allows a person with the proper license to carry a gun.

The Ohio attorney general's staff questions the ordinance, which is among the first of its kind in the state.

At the heart of the dispute is whether local governments can approve ordinances that reverse state laws. In particular, can local municipalities ban concealed guns from public parks and other public land.

In this case, the attorney general's staff says no — Ohio residents with a license can carry a concealed weapon in public places not specifically prohibited by the state law.

"In current law, you can carry in a park," said Kim Norris, a spokeswoman with the office of state Attorney General Jim Petro.

Norris said the new law "contains a provision that specifically prevents local ordinances from impacting the law. We'll defend the state law. The courts would be the final decider of the issue if challenged."

Village officials, who did not explain why they adopted their gun ban, argue that the Arcanum ordinance mirrors the new state law.

"This will be an ongoing debate," Eric Brand, village solicitor said. "Ultimately, it is something the courts will have to settle."

The Ohio concealed-carry law identifies places where guns are forbidden, including buildings owned by the state or any political subdivisions — counties, cities and the like. However, only physical structures and portions of buildings leased by governments, and not grounds or premises, are off limits, Norris said. Private businesses can ban concealed weapons from their property.

Communities in northern Ohio also are seeing challenges to the new law.

In Toledo in Lucas County, gun advocates recently went head to head with officials after that city proposed a ban on carrying concealed guns in public parks, bicycle paths, recreational areas and public transportation systems. However, Petro's staff told state Sen. Randy Gardner, R-Bowling Green, those weapons couldn't be banned from the places on Toledo's list.

And in Fremont in Sandusky County, officials this spring backed off creating an ordinance similar to Arcanum's after city Law Director Bob Hart advised against it.

"A city cannot enact an ordinance that is contrary to the general laws of the state of Ohio pertaining to the police powers," he said. "A lot of cities are relying on the home rule . . but I don't think that gives them carte blanche authority."

Ohioans for Concealed Carry added the Greene County Fairgrounds to what it calls its list of violators because officials in Xenia plan to post signs prohibiting concealed handguns on fairgrounds.

Carloyn Towner, a lobbyist for the Ohio Fair Managers Association, said that until now, she's been telling fair boards of Ohio's 88 counties that they can post signs prohibiting concealed weapons. However, after learning that the new law addresses only physical structures owned or leased by governments, Towner said she's re-evaluating and may seek the attorney general's advice.

"It does clearly say buildings and it doesn't say anything about the grounds," Towner said.