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Sheriff sued after denying gun permit
By TOM GIAMBRONI Journal Staff Writer
LISBON - County Sheriff David L. Smith may form a board
to review applications of persons he denied permits to carry concealed weapons.
The idea was suggested Wednesday by the Mahoning County Common Pleas Court magistrate presiding over the lawsuit filed by a man whose application for a permit to carry a concealed weapon was denied by Smith.
"I'm the final word but there is a provision in the law that says I can set up a review board to look at denials," he said.
The Mahoning County man, identified in the lawsuit as John Doe, filed a lawsuit against the sheriff last July, asking a judge for an order requiring Smith issue him a concealed carry permit.
This is the only appeal filed to date since the new concealed carry law went into effect last April. The law allows residents to seek permits in adjoining counties.
The law requires applicants to be notified within 45 days whether their application has been approved or denied. The man said in his lawsuit Smith failed to advise him within 45 days that his application had been denied.
When Smith did deny the application, he advised the man in writing it was because the law allows the sheriff to reject an application from someone he considers drug or alcohol dependent.
During the mandatory background checks, Smith said his staff learned that John Doe had five previous DUI convictions. Doe later told him it was more like nine DUIs, but the last one was more than 10 years ago.
Smith said the man claimed to have quit drinking more than 10 years ago but he has no way of knowing that for sure, which is why he denied the application.
Most of the DUIs occurred before the new DUI law went into effect about 10 years ago, which make a fourth DUI conviction in six years a felony offense.
During Wednesday's court hearing, the magistrate suggested Smith create a review board to resolve the dispute. Smith said such a board would possibly consist of a deputy, a private citizen and perhaps an attorney.
The purpose of such a board would be to give the applicant an opportunity to challenge the evidence that resulted in the permit being denied and whether John Doe still has a drinking problem.
Assistant County Prosecutor Nick Barborak said the problem is the law is vague about how to address appeals and even if review boards are allowed.
"It's not real clear what the sheriff can and cannot do," Barborak said. "What remains to be decided is what procedure has to be followed."
The next hearing in John Doe's lawsuit is scheduled for May 2, and Smith expects to have a review board in place by then.
Of the more than 400 permits issued by Smith, less than 10 applications have been turned down.
http://www.morningjournalnews.com/news/story/039202005_new04news10.asp
By TOM GIAMBRONI Journal Staff Writer
LISBON - County Sheriff David L. Smith may form a board
to review applications of persons he denied permits to carry concealed weapons.
The idea was suggested Wednesday by the Mahoning County Common Pleas Court magistrate presiding over the lawsuit filed by a man whose application for a permit to carry a concealed weapon was denied by Smith.
"I'm the final word but there is a provision in the law that says I can set up a review board to look at denials," he said.
The Mahoning County man, identified in the lawsuit as John Doe, filed a lawsuit against the sheriff last July, asking a judge for an order requiring Smith issue him a concealed carry permit.
This is the only appeal filed to date since the new concealed carry law went into effect last April. The law allows residents to seek permits in adjoining counties.
The law requires applicants to be notified within 45 days whether their application has been approved or denied. The man said in his lawsuit Smith failed to advise him within 45 days that his application had been denied.
When Smith did deny the application, he advised the man in writing it was because the law allows the sheriff to reject an application from someone he considers drug or alcohol dependent.
During the mandatory background checks, Smith said his staff learned that John Doe had five previous DUI convictions. Doe later told him it was more like nine DUIs, but the last one was more than 10 years ago.
Smith said the man claimed to have quit drinking more than 10 years ago but he has no way of knowing that for sure, which is why he denied the application.
Most of the DUIs occurred before the new DUI law went into effect about 10 years ago, which make a fourth DUI conviction in six years a felony offense.
During Wednesday's court hearing, the magistrate suggested Smith create a review board to resolve the dispute. Smith said such a board would possibly consist of a deputy, a private citizen and perhaps an attorney.
The purpose of such a board would be to give the applicant an opportunity to challenge the evidence that resulted in the permit being denied and whether John Doe still has a drinking problem.
Assistant County Prosecutor Nick Barborak said the problem is the law is vague about how to address appeals and even if review boards are allowed.
"It's not real clear what the sheriff can and cannot do," Barborak said. "What remains to be decided is what procedure has to be followed."
The next hearing in John Doe's lawsuit is scheduled for May 2, and Smith expects to have a review board in place by then.
Of the more than 400 permits issued by Smith, less than 10 applications have been turned down.
http://www.morningjournalnews.com/news/story/039202005_new04news10.asp
