Franklin Co. Resident Files Merit Brief with Ohio Supreme Court

Counsel for Franklin County resident and concealed handgun license applicant Josephine Lee has filed what is called a "merit brief" with the Ohio Supreme Court, following that court's decision to hear oral arguments on a mandamus action filed against Franklin Co. Sheriff Karnes.

The lawsuit, filed on April 9 by 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.

But the Court, on a 6-1 vote with Justice Pfeifer dissenting, issued an alternative writ of mandamus on June 24, declining Karnes' request to have a lawsuit against him thrown out.

Click here to download the merit brief, which contends, among other things, that Sheriff Karnes' request for additional evidence of imminent danger constitutes an attempt to exercise discretion that is not statutorily provided, that Karnes' refusal to accept Lee's TEL and CHL applications consituted a refusal to perform an official duty, and that Karnes has no legal authority to refuse the tender of application materials submitted during normal business hours and at normal business locations.

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

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