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Ohio Sheriff & CCW Felonious Act

Discussion in 'Legal' started by Detachment Charlie, Jun 11, 2004.

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  1. Detachment Charlie

    Detachment Charlie Member

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    Here's what a disgruntled little man can do with a only a little authority:

    http://www.townhall.com/news/politics/200406/CUL20040611a.shtml

    Release of Home Addresses Angers Concealed-Carry Licensees

    (CNSNews.com) - A Second Amendment group says the sheriff in Shelby County, Ohio, had no right to release the home addresses of 87 people licensed to carry concealed pistols.


    The Citizens Committee for the Right to Keep and Bear Arms (CCRKBA) has asked Ohio Attorney General Jim Petro to investigate the release of the personal information to the Sidney (Ohio) Daily News, which published the home addresses in its June 8 edition.


    "Release of this information is not merely a gross invasion of privacy; it might also be a violation of the Ohio concealed carry statute," said CCRKBA Chairman Alan Gottlieb.


    "Under the law, only the name, county of residence and date of birth may be released by a sheriff to a bona fide journalist, and it requires a written request. There is no provision for releasing street addresses of licensees.


    "Attorney General Petro should immediately launch a criminal investigation to determine if the law was violated, and then prosecute the violator," Gottlieb said in a press release.


    According to CCRKBA, the "willful and deliberate" release of confidential information by a sheriff or any other public officer or employee is a fifth-degree felony that can bring a civil fine of $1,000


    "The newspaper printed the home addresses of all 87 citizens, for any burglar or other criminal to read," Gottlieb said. "If any of these law-abiding gun owners is victimized in any way as a result of this outrageous release of personal information, the newspaper and Sheriff O'Leary should be held legally responsible."


    CCRKBA Executive Director Joe Waldron noted that Sheriff O'Leary opposed concealed carry. "But the debate is over, Waldron said. "It is now the law, and he needs to follow the law, to the letter.


    "If he cannot do that, then perhaps he should turn in his badge and gun, and find some other line of work. He has betrayed the trust of every person whose address he released."
     
  2. sendec

    sendec member

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    It seems a little shrill. Does the law specifically prohibit releasing addresses?

    It occurs to me that if you want this particular law followed to the letter, we are screwed. There are so many ambiguities in the CCW code that there will be years past before it is straightened out, if then.
     
  3. braindead0

    braindead0 Member

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    Yes it does, they are only allowed to release Name, County and DOB.

    This particular tidbit was very clearly spelled out, and fought over. The law also only allows reporters to release that information if it's in the 'publics interest'.

    I expect there to be one or more civil suits against the newspaper and the Sheriff.
     
  4. CentralTexas

    CentralTexas Member

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    Somebody should

    1- Put up a website with every bit of legal to obtain personal info available on this guy
    2-Someone should mail him a copy of "Unintended Consequences" also!
    CenTex
     
  5. Ebbtide

    Ebbtide Member

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    The press likely got the names, then found the addresses on their own. Heck, they probably all subscribe to daily delivery.
     
  6. Henry Bowman

    Henry Bowman Senior Member

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    The paper says that they got ALL the info from the Sheriff. The language of the law, though stupid, is clear.
     
  7. Warbow

    Warbow Member

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    Shelby County Sheriff's Office: 937-498-1111
    Sheriff Kevin O'Leary's office phone number: 937-498-7833
    Shelby County Sheriff's Office e-mail: Info@ShelbyCountySheriff.com
     
  8. Desertdog

    Desertdog Member

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    The CCRBA news release

    NEWS RELEASE

    Citizens Committee for the
    Right to Keep and Bear Arms
    12500 N.E. Tenth Place
    Bellevue, WA 98005

    GUN RIGHTS GROUP WANTS INVESTIGATION, PROSECUTION IN RELEASE OF OHIO CCW INFO

    For Immediate Release: June 10, 2004

    The Citizens Committee for the Right to Keep and Bear Arms (CCRKBA) today called upon Ohio Attorney General Jim Petro to investigate the release of the home addresses of 87 concealed pistol licensees by Shelby County Sheriff Kevin O'Leary, to the Sidney, Ohio Daily News, which subsequently published that information in its June 8 edition.


    "Release of this information is not merely a gross invasion of privacy," said CCRKBA Chairman Alan Gottlieb, "it might also be a violation of the Ohio concealed carry statute. Under the law, only the name, county of residence and date of birth may be released by a sheriff to a bona fide journalist, and it requires a written request. There is no provision for releasing street addresses of licensees. Attorney General Petro should immediately launch a criminal investigation to determine if the law was violated, and then prosecute the violators."


    Details about individual licensees, including their home addresses, might be considered confidential, and releasing that information is a felony of the fifth degree, Gottlieb stressed. The "willful and deliberate" release of that information by a sheriff or any other public officer or employee can bring a civil fine of $1,000


    "The newspaper printed the home addresses of all 87 citizens, for any burglar or other criminal to read," Gottlieb said. "If any of these law-abiding gun owners is victimized in any way as a result of this outrageous release of personal information, the newspaper and Sheriff O'Leary should be held legally responsible."


    CCRKBA Executive Director Joe Waldron added, "The Sidney Daily News is owned by Brown Publishing, the same newspaper chain that owns the Wilmington News-Journal. The editor of that newspaper, who was not licensed to carry, was charged with kidnapping a woman at gunpoint May 13. That embarrassing story got very little play in the press. Ohio newspapers must believe that it is acceptable to invade the privacy of honest gun owners while pretty much ignoring a serious crime allegedly committed by one of their own.


    "Sheriff O'Leary," Waldron continued, "opposed concealed carry. But the debate is over, it is now the law, and he needs to follow the law, to the letter. If he cannot do that, then perhaps he should turn in his badge and gun, and find some other line of work. He has betrayed the trust of every person whose address he released."


    With more than 650,000 members and supporters nationwide, the Citizens Committee for the Right to Keep and Bear Arms is one of the nation's premier gun rights organizations. As a non-profit organization, the Citizens Committee is dedicated to preserving firearms freedoms through active lobbying of elected officials and facilitating grass-roots organization of gun rights activists in local communities throughout the United States. The Citizens Committee can be reached by phone at (425) 454-4911, on the internet at www.ccrkba.org or by email to www@ccrkba.org.
     
  9. Standing Wolf

    Standing Wolf Member in memoriam

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    I sincerely hope so!
     
  10. Deavis

    Deavis Member

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    Sigh... Maybe I'm jaded but I see the DA giving a wink-wink to the judge and suggesting that no charges be filed because he, "made a clerical error and wasn't completely sure of the law" Yes, he will get off but if we had done it...

    "Ignorance of the law is no excuse boy, enjoy prison."
     
  11. AZRickD

    AZRickD Member

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    Deavis,

    Move to the head of the class.

    Rick:banghead:
     
  12. MrGunRights

    MrGunRights Member

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    Hey folks, I'm a journalist here at Ohio State for The Sentinel . Is there any more info you have available on this? This would make for a good article without a doubt. This is all good enough to make an article already, but of course, every little bit helps. Thanks.
     
  13. AZRickD

    AZRickD Member

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    Mr GR,

    go to http://www.ofcc.net and get on their e-mail list.

    They will give you all the info you need.

    Rick
     
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