Ohioans For Concealed Carry has learned that Ohio Attorney General Jim Petro's office has filed a Motion to Intervene in a lawsuit filed by OFCC against the City of Clyde. The lawsuit was filed by OFCC to challenge a city ordinance attempting to restrict the lawful carrying of concealed handguns by those licensed by the State of Ohio.

On November 18, after having requested several delays, attorneys for the City of Clyde finally filed their "Answer to Complaint For Declaratory Relief" with the Sandusky County Court of Common Pleas.

City attorneys also went one step further, filing a "Counterclaim for Declaratory Judgement". In it, the City challenges the constitutionality of House Bill 12, alleging that "despite the General Assemblies [sic] attempt to generalize the content of HB12 as stated in Section 9 of the bill, the prohibition in Section 9 preventing municipalities from exercising their constitutional authority to adopt local police ordinances is unconstitutional under Article XVIII, Section 3 of the Ohio Constitution."

Click here to download (.pdf file) the entire Clyde Reponse and Counterclaim.

The Attorney General's response was swift and decisive. Last week, Petro filled a Motion to Intervene in this case, in order to "defend the constitutionality of House Bill 12."

The Attorney General's office also filed a "Notice of Defenses", which "sets forth the following preliminary and/ or jurisdictional defenses":

1. HB 12 is constitutional in all respects.

2. HB 12 does not violate Article XVIII, Section 3 of the Ohio Constitution.

The Notice goes on to state that the Attorney General "specifically reserves the right to assert and defend the constitutionality of each and every provision of the comprehensive statutory plan identified by the Plaintiffs and their Complaint and Defendants in their counterclaim for a declaratory judgement."

Click here to download (.pdf file) Ohio Attorney General Jim Petro's 7-page Motion to Intervene and Notice of Defenses.

Click here to download (.pdf file) OFCC's original 11-page Motion for a Temporary Restraining Order and and for a Preliminary Injunction.

The law-abiding gun-owners of Ohio should be refreshed to see Attorney General Jim Petro continue his strong support for this law. From aggressively seeking reciprocity agreements to intervening in Toby Hoover's anti-gun suit and ultimately getting it dismissed, Attorney General Petro has staunchly defended Ohio's concealed carry law in 2004.

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NBC4i.com is reporting that the Franklin County Sheriff's Office will not charge the convenience store clerk who shot a suspected robber.

The shooting unfolded at 7:30 a.m. Sunday inside a Sunoco gas station on Cleveland Avenue, NBC 4 reported. Investigators told reporters it was clear that the clerk, Karen Smith, feared for her life.

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The robbery and shooting were captured by the store's surveillance camera.

Detective Drew McEvoy told NBC 4's Holly Hollingsworth that the robbery suspect, Desmond Thompson, made the clerk believe he had a gun even though he didn't.

"You can see where (Thompson has) got his left hand in his pocket and he's banging on the counter, implying he's got a weapon," McEvoy said.

The second factor is easy to miss if you're not looking for it on the tape, Hollingsworth reported.

The clerk, Karen Smith, gave the robber cash. But instead of just leaving, Thompson motioned and demanded that she come out from behind the counter.

"If (Smith) wasn't in fear for her life before, with him implying a gun, she's definitely in fear for her life now," McEvoy told NBC 4. "We have no idea what he's thinking."

Smith grabbed a gun from under the counter and fired once, hitting Thompson, 26, in the shoulder. She then called 911, Hollingsworth reported.

"He acted like he did (have a weapon)," Smith said. "I didn't hesitate."

Smith told NBC 4 that she had never fired a gun before in her life.

Thompson was charged with one count of robbery.

"Potential robbers: The best advice I can give is don't rob a store where Mrs. Smith is working," McEvoy was quoted as saying.

Commentary:
Criminals may not want to rob a store where Mrs. Smith is working, but what kind of message is Holland Oil sending to criminals by postings its Citgo stores in northeast Ohio with "no-guns" signs?

Unfortunately, one Holland Oil clerk found out the hard way earlier this week:

Gun shoved in mouth of employee in ''no-guns'' business

Related Story:
Clerk Shoots Robbery Suspect