On April 9,
2004, an Ohio anti-gun group--The Ohio Coalition Against Gun Violence--filed
a complaint with the state Supreme Court, demanding that local
sheriffs cease issuing concealed carry permits.
The group claims that there are "numerous"
problems with the new CCW law: that it does not adequately fund
the permit process; that the procedures and resources to implement
the law will not properly enforce the law's safety provisions;
and that the above complaints taken together make the law unconstitutional.
Toby Hoover, executive director of the
anti-gun group, said, "The carrying concealed weapons law
is not being implemented with the public safety provisions mandated
in the legislation. If we can't implement and enforce important
safety provisions such as conducting thorough mental capacity
checks, and keeping concealed weapons out of the hands of those
with mental illness, Ohio should stop issuing CCW permits immediately."
According to the group's complaint, Ohio's concealed carry law
does not provide adequate resources for proper screening or record
checks on applicants with a history of mental illness. The law
also does not adequately fund sheriffs to pay for the actual costs
to process carrying concealed weapons applications.
Most observers of the Ohio concealed carry
effort believe that the group's legal challenge will fail. However,
as is the case in Missouri at the moment, the lawsuit may succeed
in at least delaying the permit process. Missouri passed a concealed
carry law on September 11, 2003, overriding Governor Holden's
veto of the bill. A lawsuit filed by anti-gun groups in that state
has the concealed carry permit process stalled while the courts
examine the arguments.
The actions of The Ohio Coalition Against
Gun Violence represent the new tactic of anti-gun groups nationwide:
when they can't win legislatively, they turn to the courts.
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