Special Prosecutor Appointed to investigate release of gun records. OHIO

[FatSlob]

Courtesy of Ohioans For Concealed Carry www.ohioccw.org

Ohioans For Concealed Carry Calls on Legislators to Repeal Media Access Loophole

June 17, 2004

CLEVELAND - Ohioans For Concealed Carry today announced that it is calling upon the Ohio General Assembly to remove the flawed media access loophole from the new concealed handgun license law.

The move is being made following the announcement by Shelby County Prosecutor Jim Stevenson that, in response to his request, Court of Common Pleas Judge John D. Schmitt has appointed a special prosecutor (Miami County Prosecutor Gary Nasal) 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.

At least ten Ohio Concealed Handgun License-holders have contacted OFCC's Office of General Counsel 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.

Several national news outlets have covered this story, following a press statement from OFCC, which first raised awareness of the sheriff's actions. The Citizen's Committee on the Right to Keep and Bear Arms has called upon the Attorney General's office to investigate this matter.

"It really is an unfortunate situation for these citizens. Most commented that the disclosure will have an impact on their lives, including one person who previously had received death threats and now has his home address printed in the paper," said Attorney Hanson, who has agreed to make the results of his research and investigation available to the special prosecutor, and to forward the contact information for the victims who consent to being contacted.

The special prosecutor will investigate 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 will also examine 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 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."

Ohioans For Concealed Carry has opposed the media access loophole from the moment Governor Taft began demanding it last November. Even when sheriffs follow it properly, it puts them in an awkward position. Sheriffs are already reporting that they are struggling to keep up with demand for licenses, and the frequent and unnecessary requests for access by the media just saddles them with more paperwork.

"Sheriffs don't deserve to be faced with the specter of committing accidental felonies any more than do license-holders who are struggling to comply with the Ohio State Highway Patrol's flawed ‘plain sight’ car-carry language," remarked Jim Irvine, OFCC PAC Chairman. "This loophole is only law because of Bob Taft and a few term-limited Republican senators. On December 17th of last year, in the final hours of debate over House Bill 12, Senator Doug White told Ohio Public Radio that several Republican senators were afraid to override the threat of a Taft veto because they were hoping for job appointments."

"Although our organization considers what O'Leary did to be a serious crime," said Jeff Garvas, President of Ohioans For Concealed Carry, "we feel it is one of numerous instances where Ohio's concealed carry law has made a felony out of something that simply doesn't warrant felony charges."

"We support the sheriffs," stated Garvas. "We are calling upon the General Assembly to remove this useless loophole from the law before Election Day. It is not being used for the supposed reasons it was inserted, and it now threatens to ruin the career of a sheriff and newspaper editor over an alleged accidental felony."

[Kolesar]

1. Releasing private information is a "serious crime"?

I think a sense of scale is missing here. Robbery or assault is a serious crime. I find it hard to take this spokesman seriously.

> "Although our organization considers what O'Leary did to be a serious crime," said Jeff Garvas, President of Ohioans For Concealed Carry

[FatSlob]

2. It is very serious.

I have personal knowlege of one individual on the list. He got his CHL due to death threats. The bad guy now knows his address. There was a reason this info was to be private.

[Jack_DeLeon]

8. Certainly more serious that other crimes with harsher penalties...

such as copyright infringement.

[JayS]

3. The story is an obvious fake.

Republicans want no gun laws at all, remember? :)




Governor Taft Eager To Sign Concealed Carry Bill

http://www.wcpo.com/news/2004/local/01/07/guns.html
But with more guns on the street, does law enforcement agree?

*SNIP*

"Just about everyone in law enforcement I've talked to don't have a problem with a law abiding citizen, someone without a criminal record and the qualifications carries a concealed weapon," said Mike Allen, Hamilton County Prosecutor.

After the governor signs the law, people who apply for permits have to pay a fee, undergo background checks and undergo training.

Also, as a compromise to pass the law, the names of people who receive a permit will be available to the news media and those names could be printed in the newspaper or broadcast on television.




http://governor.ohio.gov/releases/010704ccwstatement.htm
TAFT RELEASES STATEMENT ON HOUSE BILL 12

COLUMBUS (January 7, 2004) - Governor Bob Taft today released the following statement:

"I would like to commend the Ohio House and Senate for working together to craft a reasonable concealed carry law for the State of Ohio.

"The goal of concealed carry legislation is to allow law-abiding citizens to protect themselves and their families when they feel their lives may be in danger. I have strongly advocated for a bill that includes mandatory training, strict background checks and support from law enforcement groups; and recently, have demanded that the law allow public access to permit holder information so that we can ensure that the right people are getting permits, and that the wrong people aren't.

"The bill allows members of the media to access permit holders' names and birth dates by requesting a list from the county sheriff issuing the permits. While I would have preferred that the public have full access to the information, I believe that this is a reasonable compromise that will hold the permit system accountable for compliance with the law.

"The bill also includes other safeguards we supported: mandatory training-classroom and live fire; background checks; removal of most affirmative defenses; increased penalties for violating the law; numerous locations where carrying a concealed weapon is prohibited; the ability for businesses to prohibit concealed carry on their property; inclusion of permit holder data into the law enforcement LEADS database; and provisions that encourage safe weapon storage.

"HB 12 balances the Second Amendment rights I have strongly supported with public safety and public records concerns. I look forward to signing it."

[FatSlob]

4. Are you serious?

The story is 100% correct. Taft is an anti. He signed the bill under the threat of veto override. Taft, a Republican, is an assclown.

[JayS]

5. Ooops. I should have included the sarcasm tag. I was...

...referring to the oft repeated line about Republicans wanting all gun laws removed.

[Lazpash]

6. Libertarians are for that too... not so sure about Republicans though...

Seems to ME the Republicans (talking POLITICIANS, here...)I'm aware of all want to "control" folks. Who they sleep w/whether or not they are "allowed" to CCW, and the list goes on ad nauseum...

So I don't THINK it's quite right Republicans "don't want ANY gun laws...." though I'm not POSITIVE about this... my dad is a Republican... and HE doesn't... maybe THAT's what you meant? Not the "party" per se, but the people IN the party maybe? But then I'm a Dem/Green and _I_ don't think we should have any significant gun laws....

[mosin]

7. Shaft

Governor Shaft is a member of that most evil of all groups: anti-gun Republicans. Ohio is lousy with them (e.g., Sens. DeWine and Voinovich).

[gatlingforme]

9. This is interesting. Peace Officers not against "citizens" that

do not have a criminal background, get trained, and are privy to all background cks, hummmmmmm , sounds like credentials for a police officer's job>????? yeah. There is no difference here, except that a police officer is bound by law to protect and serve. I have nothing against C & C but there are alot of questions to be addressed. IMO