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My Sheriff has indicated he will not be issuing emergency licenses without a proper explanation. |
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Sheriffs have a duty under the law to immediately issue emergency licenses to persons who provide evidence if imminent danger. That evidence can either be writtendocumentation prepared by law enforcement, prosecutor or court, government entity or public official (i.e. reports, TPO, CPO) and/or:
Sworn Affidavit (provided by applicant under threat of perjury) attesting to the fact that the applicant has a reasonable cause to fear a criminal attack upon themselves or a member of their family, such as would justify a prudent person in going armed.
Ohio law does not require applicants for emergency licenses to define their reasons in the affidavit, only to swear that they have reason. Sheriffs have no legal authority to ask for a specific reason, or to act as arbitor of whether a reason is "good enough."
The Ohio Supreme Court found as such when deciding on a request for mandamus against Franklin Co. Sheriff Jim Karnes. Any reports of refusals by sheriffs to issue TELs per Ohio law should be reported to OFCC immediately.
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Article Id: 135 - Version: 1 - Created: 17-03-2006 - Last Updated: 30-11-1999 - Hits: 936