Cuyahoga Sheriff can't avoid duty under law; settles concealed carry lawsuit

May 5, 2004

Ohioans For Concealed Carry is pleased to announce that OFCC member and Cuyahoga Co. resident Jim Irvine has been completely successful in his lawsuit to force Cuyahoga County Sheriff Gerald McFaul to comply with his duty under the law.

After having told the media that he would not accept CHL applications until "the end of May" or "the beginning of June", and refusing to accept Irvine's application on April 8 as required by law, Irvine filed a Complaint for a writ of mandamus with the Ohio Supreme Court, asking the court to force Sheriff McFaul to perform his duty under the law. Ohioans For Concealed Carry was an early provider of support and assistance for this lawsuit.

Sheriff McFaul has now reversed plans to hold off acceptance of concealed handgun license applications until later this month, and began taking appointments on Monday, May 3. McFaul's office had already shown signs of weakening resolve, having announced that they would accept temporary emergency license applications within days of being sued.

"For years, gun owners have complied with laws we didn't like, and we expect all 88 Ohio sheriffs to comply with the law," said OFCC member Jim Irvine, of Strongsville. "I hope that other sheriffs will do all they can to comply with the letter and spirit of the law, and avoid action such as I was forced to take, which serves only to waste taxpayer money."

Sheriff McFaul has agreed to pay for court costs and attorney's fees incurred by Irvine for having to bring the suit.

Said Irvine, "Cuyahoga County accepted my temporary emergency license application this morning. There where some startup problems, but we worked through them and everyone was polite and professional the entire time. I don't expect any further problems."

"I am gratified that the attorneys at the Cuyahoga County Prosecutor's office were willing to be consummate professionals and reach a resolution to this case, without having to go through added time and expense in litigation," said Irvine's attorney Ken Hanson, of the law firm of Firestone and Brehm Ltd. "We will continue to seek reasonable resolutions to problems as they are identified, and only bring litigation as a last resort."

Related Stories:
Cuyahoga County citizen files suit against Sheriff Gerald McFaul

Jim Irvine's Writ Of Mandamus Court Documents

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