Weapons of Mass Discussion: 2nd Amendment Victory for Ohio

Wednesday, November 17, 2004

2nd Amendment Victory for Ohio

The Ohio Supreme Court ruled today (Lee v. Karnes, Sheriff -- 2004-Ohio-5718) that an applicant for a temporary emergency license (TEL) to carry a concealed firearm, "...requires only an applicant's sworn statement made under threat of perjury that 'the person has reasonable cause to fear a criminal attack upon the person or a member of the person's family, such as would justify a prudent person in going armed.' It does not require underlying facts to support the sworn statement."

This is a huge victory for potential victims. Should someone such as an estranged wife or person in fear of criminal attack find themselves needing to carry a firearm to defend themselves against a threat, they can obtain a TEL the way the legislature intended.

The TEL was designed to replace the former affirmative defense provisions that allowed gun owners to carry a firearm for self- defense without seeking prior permission from government officials.

"Some of Ohio's county Sheriffs have wrongly refused to issue a TEL to a person in need, demanding proof that they had no right to request." said Jeff Garvas, president, Ohioans for Concealed Carry (OFCC). "Today's ruling should end that injustice and cause all Sheriffs to uniformly comply with the law statewide."

The court denied the writ of mandamus only because the plaintiff had other legal methods to appeal the denial. They stated, "Sheriff Karnes erred in denying Lee's TEL application for lack of sufficient evidence of imminent danger."

"Ohioans for Concealed Carry has always believed that a sworn affidavit and accompanying instant background check is all that is required for issuance of a TEL," said Ken Hanson. "We are pleased that the OSC has unanimously agreed with our interpretation and we now have a statewide standard."

This ruling applies to sheriffs in all 88 Ohio Counties. Attorney Ken Hanson is OFCC's General Council and also represented the plaintiff, Josephine Lee, in this case before the Ohio Supreme Court.

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