Franklin Co. resident files suit against Sheriff Jim Karnes
FOR IMMEDIATE RELEASE
For more information, contact Attorney Ken Hanson
WRIT OF MANDAMUS SOUGHT AGAINST FRANKLIN COUNTY SHERIFF KARNES
On Friday April 9, 2004, Franklin County resident Josephine Lee filed a lawsuit in the Supreme Court of Ohio against Franklin County Sheriff Jim Karnes. The lawsuit 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.
The suit alleges Sheriff Karnes is illegally requiring information beyond that required by law for a Temporary Emergency License, and seeks an Order for Sheriff Karnes to process the application without the additional materials demanded by his office.
"Josephine's application complied with the law in all respects," said attorney Ken Hanson of Firestone and Brehm, Ltd., the lawfirm 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. 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."
The suit also alleges that Sheriff Karnes failed to accept and process a properly executed standard concealed handgun license application from Ms. Lee, and seeks an Order for Sheriff Karnes to accept and process her standard concealed handgun license application.
On a positive note, Hanson added, "Very productive conversations were held throughout the day on Friday with officials from Franklin County, and it is my sincere hope that this momentum is maintained in the coming days. This matter may ultimately be reduced to a simple misunderstanding, and resolved amicably for both Ms. Lee and Sheriff Karnes."
Ohioans For Concealed Carry is making logistical support available to the Plaintiff in this suit, given its statewide import.