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Investigation of Shelby Co. Sheriff and Sidney Daily News ongoing
Submitted by cbaus on Wed, 09/01/2004 - 15:34.Ohioans For Concealed Carry continues to receive requests for updates to the investigation of Shelby Co. Sheriff Kevin O'Leary and Jeffrey Billiel, editor of Brown Publishing's Sidney Daily News.
On June 17, Miami Co. Prosecutor Gary Nasal was appointed special prosecutor by Shelby Co. Court of Common Pleas Judge John D. Schmitt, 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.
Earlier that month, Sheriff O'Leary responded to a public records request from Billiel by releasing the protected, private information about concealed handgun licenseholders. Billiel then published the protected information in the Sidney Daily News.
Under Ohio law, the release or dissemination 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.
Although little has been revealed publicly since Nasal's appointment, sources tell OFCC that the case is still being investigated, and is expected to be presented to a Grand Jury in the near future.
In the days following the actions of the Sheriff and newspaper editor, at least ten Ohio Concealed Handgun License-holders contacted OFCC 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.
The special prosecutor is investigating 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 is also examining 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."
Related Stories:
Adding Insult to Injury: Sidney Daily News publishes more CHL-holders' names
BSSA tells O'Leary ''county of residence'' means ''county of residence
Special Prosecutor Appointed to Investigate Release of Protected Records
Sidney Daily News and Shelby Co. Sheriff maintain they committed no crimes
Shelby Co. Sheriff releases CHL-holders' protected, private information to media
Letter to the Editor: Do us a favor, ban the rapists
Submitted by cbaus on Wed, 09/01/2004 - 12:47.September 1, 2004
Port Clinton News Herald
If cities can guarantee safety in parks, then they can ban guns in the parks
This is in response to your editorial of Thursday, Aug. 19, in regards to cities having the right to ban guns from parks. Once again the editors of The News-Messenger have demonstrated their bias and complete lack of understanding of anything relevant to what they are writing about.
You say it is too bad that cities can ban skateboarding, grilling, loitering, walking a dog, being an unlicensed vendor, riding a bike or driving a car and not ban guns. Where in the State or Federal Constitutions are these things declared as guaranteed rights that shall not be infringed?
You were able to write that article because of your constitutionally protected right to freedom of the press. Using only that very freedom with no evident understanding of the existence of any other rights, you completely fail to realize the nature of the right to keep and bear arms. Thanks for demonstrating your complete ignorance once again.
How about this: When cities can ban criminals, rapists, molesters, robbers, and attackers from their parks, then they can ban guns. Also keep in mind that the cities will have to guarantee 100 percent that these criminals, rapists, molesters, robbers, and attackers will never show up illegally once the ban is put in place.
Or better yet, when cities can post the exact time and location of criminal activity in their parks, then the law-abiding citizens can avoid those areas during those times.
Perhaps you should stick to reporting the facts and the news and stop trying to mislead your readers with your biased opinions.
John Salyers
Port Clinton
EDITOR'S NOTE: In passing the concealed carry law, the state has, in fact, "infringed" on this right by setting aside places such as businesses, bars, churches and public buildings of a municipality where concealed weapons can be prohibited. We believe that list should also include city-owned parks.
Commentary:
Despite repeated requests, none of the newspaper editors, gun ban advocates, or anti-CCW legislators have provided any proof of the need for city parks to be listed among the victim zones. Note that the editors ignored another opportunity to do so here, by ignoring the entire focus of this well-reasoned letter.
Related Stories:
Letter to the Editor: Clyde, editors should know better
Op-Ed: Pistols and rifles and cans, oh, my!
Submitted by cbaus on Wed, 09/01/2004 - 10:44.August 29, 2004
The Daily Camera
by Jon Caldara
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The so-called assault-weapons ban is about to sunset. About time.
It was one of the goofiest gun laws on the books. It outlawed guns because they look mean — the perfect law for a superficial world.
The assault-weapons ban was racial profiling for guns.
Before we start, you should know I used to be like you when it came to firearms. I had a religious-like hatred of guns. In fact, I was a member of the anti-gun organization Handgun Control Inc.
It was a long slow, conversion for me, spurred by the patient influence of my older brother Paul, who bought a gun. We weren't raised with guns. I thought he was nuts.
He slowly taught me guns don't have free will. Mean-looking guns are not actually mean. We'd argue back and forth about gun-violence statistics and gun policy. Which just led me to do my own research and reach my own conclusions — guns are not evil, only people are.
Click on the "Read More..." link below for more.





