| Dayton-area man contests sheriff's refusal to issue permit |
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| Written by Jeff Garvas | |
| Wednesday, 06 April 2005 | |
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The Dayton Daily News is reporting that a New Carlisle man is challenging Miami Co. sheriff Charles A. Cox's denial of a concealed handgun license in the Ohio 2nd District Court of Appeals Tuesday. The DDN reports the challenge appears to be the first to reach an appeals court in the region since licenses first were issued in April 2004. From the story:
A civil protection order is one of the legal reasons to deny a concealed weapon license. That order, however, was later dismissed in favor of consent decree that did not specifically prohibit him from possessing a weapon. Harris told Miami County Judge Jeffrey Welbaum last summer he would not have applied for a license if there was a prohibition. Welbaum, in a decision that led to Tuesday's appeal hearing, ruled that Harris remains subject to the Greene County civil protection order. Harris' lawyer, Jeff Slyman, told the appeals court that Harris is a retired Army major with no criminal record and has a top security clearance. Slyman argued the sheriff could have looked at the consent decree and would have seen there was no firearm prohibition. He said Harris believes "from a constitutional, a fairness ... standpoint that that particular agreement he entered into is not a protection order and shouldn't permit him from carrying." James Dicks Jr., an assistant county prosecutor, said the sheriff has no discretion and is not required to review a court order's content. "He checks if the order exists," he said. |