Both Sides Seek Writs in Ohio CCW Battle
by Joseph P. Tartaro
Executive Editor
The new concealed carry licensing system in Ohio officially took effect on Apr. 8, but the debate over concealed carry is far from over. (See Bob Lesmeister’s related article on Page 11 of our print edition.)
The battle over legalizing concealed carry for self-defense that raged in the legislature for some 10 years has moved anew to the Ohio Supreme Court.
Individual pro-gunners have filed writs of mandamus that ask the court to order the sheriffs of two counties to immediately begin accepting applications and issuing licenses to carry. The plaintiff in the Cuyahoga County case is James Irvine, a resident of that county, while Josephine Lee is the plaintiff in the demand upon the sheriff of Franklin County.
However, as these writ motions were being filed by attorney Ken Hanson of Delaware on behalf of prospective licensees, it was learned that Toby Hoover of the Ohio Coalition Against Gun Violence has filed for a declaratory judgment that the whole concealed carry law is unconstitutional, but in the form of a writ of mandamus. The Hoover action names sheriffs of three counties—Summit, Lucas and Franklin—as well as the chiefs of police in the cities that are the county seats in each case.
Action in the courts should be reasonably swift, according to Hanson. Normally mandamus motions are acted upon within 21 days. However, in the case of the anti-gun motion, the issue is more complicated.
The complaint against the sheriffs in Cuyahoga and Franklin counties is straightforward and simple: it is a request that the court order the sheriffs to begin issuing the licenses immediately.
The anti-gun filing becomes more complex because it really seeks to have the court block the issuance of licenses everywhere by declaring the recently passed law unconstitutional. If the court follows that path it would be overriding the power of the legislature and signature of Gov. Bob Taft.
Having failed to win the battle in the legislature and in the governor’s mansion, the anti-gunners appear now to want the court to extend its traditional authority beyond the normal interpretation of law. As has been seen in other states—like New Mexico and Missouri—that have recently enacted concealed carry laws, the battle is waged in the legislature, in the media, in the courts and in every conceivable arena—not to mention at election time. In some states the same issue has been brought back to the courts several times in different forms. The battle in Ohio is just one in a long series.
On the day the Ohio law went into effect, an Ohio law enforcement officer confided to Bob Lesmeister that all was not going smoothly. As sheriffs are the authorized agents for issuing the permits, the tasks of actually getting a concealed carry license may be as varied as the number of counties in the state.
According to the officer, Summit County was ready to issue, while the Cuyahoga County sheriff’s office announced, “Don’t even try until June.”
He also divulged that Cuyahoga County Sheriff Gerald McFaul stated that he will refuse to issue any permits, but whether this is related to the construction of new sheriff’s department facilities or to the sheriff’s opposition to concealed carry is open to question.
While running for his eighth term as sheriff, McFaul claimed, “I am either dedicated or crazy. I’m not sure which.” The potential CCW holders of Cuyahoga County aren’t sure either at this point.
It is apparent that even if these court pleadings do not resolve the issue for all Ohioans, that a new round of court pleadings seems likely until the issue is finally settled.
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