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Shooting raises questions about CCW law
Jul 19, 2012 | 6073 views | 5 5 comments | 6 6 recommendations | email to a friend | print

FRANK LEWIS

PDT Staff Writer

A recent local shooting has brought people out of the woodwork asking questions about the facts surrounding the case, including questions about concealed carry permits, laws, and practices. According to Scioto County Sheriff Marty V. Donini, it is not unusual for people with concealed carry permits to carry their guns with them almost all the time.

Donini said 33-year-old Steve Holsinger, of 9550 Old Gallia Pike, Wheelersburg, died Thursday from a gunshot wound. The shooter has been identified as Tyler Staker, age 22, of Portsmouth. Donini said his detectives were told Staker and his father, Robert Staker, went to Holsinger’s residence to repossess a piece of equipment that was purchased from their business that had not been fully paid for. According to Donini, detectives determined that Staker and his father had been at this location for over an hour knocking on the door in attempts to return the equipment, before an argument ensued, and, according to the report, Holsinger pointed a gun in Tyler Staker’s face and told him they had three seconds to get off the property. That is when Tyler Staker fired several shots killing Holsinger.

Both Donini and Scioto County Sheriff Chief Deputy Todd Miller said they believe Tyler Staker has a concealed carry permit.

Miller said there is a protocol that is followed by those applying for concealed carry permits.

“When somebody comes in and applies for a concealed carry, they fill out an application. And they bring in a proof of training, which is a certificate or a DD214 or whatever they are using,” Miller said. “I process that application and approve. The law says I destroy everything, with the exception of the applications. I keep the application on file here. And I’m not allowed to reproduce any type of electronic listing of applicants. It’s a privacy thing.”

“As far as doing the classes, we’re staying pretty steady,” said Dave Page, owner of The Gun Store, 3164 Gallia St., in Portsmouth, and a certified National Rifle Association instructor. “All they have to do is take a 12-hour class. At the end of that class, they will receive a certificate. They take that certificate down to the sheriff’s department, and pay the fee for the background check, and usually within a month they can have their license.”

Miller says no public list of CCW carriers in Scioto County exists.

“They shut that down real early on, because somebody was wanting records for the entire state, and they shut that down pretty quick,” Miller said. “We’re not to maintain any kind of electronic list, nor are we to disseminate any type of electronic list. We simply keep the applications.”

He said during years of 2010 and 2011, 1,324 CCW permits were issued in the county, averaging 59 per month over that period. In the first quarter of 2012, 160 new permits were issued, three people were rejected, five suspended, and one denied.

In June, the Ohio House of Representatives passed House Bill 495, sponsored by State Rep. Terry Johnson, R-McDermott. House Bill 495 modifies Ohio’s concealed handgun laws. The bill expands reciprocity agreements to allow Ohio’s concealed carry holders to carry in states like Georgia, the last remaining state between Ohio and Florida in which Ohioans cannot carry a concealed weapon.

Frank Lewis may be reached at 740-353-3101, ext. 232, or at flewis@heartlandpublications.com



Comments
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web5
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July 31, 2012
The law man is not saying the law does not know who has a permit or who does not. The lawman is saying there no list for publication and they will not release the private information.

He did say the applications are retained by the local County in which the permit was issued.They would know what is approved and what is not for each person who shows the permit thus verification would be done by the law.

So the law knows if the person is legal to carry or not to carry.With absence of the issued permit charges would be or could be filed by the Officer for carring with out a permit.

So one would assume if a person had a concealed firearm with no charges made for carrying with out a permit the person had a permit to carry.There is just no list or publication allowed by law to display that information to the public.Just saying........
AngCoyote
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July 20, 2012
Concealed carry, in principle, might be defensible. Maybe, for example, if you have the sense to let the courts address issues of property disputes. Perhaps, if you can stay cool headed and leave someone's property when told to do so.

If you are so arrogant and privileged as to feel you can carry your concealed gun onto a family's porch, bang on their door for an extended period of time, claim you are fearful for your own life, then shoot a father and husband in cold blood, you probably should not be carrying a weapon, AT ALL.

If you believe that a man's life is worth a little bit of money, you are a common criminal. But since we cannot distinguish who is and who is not able to behave better than a sociopathic killer, concealed carry is probably not the best idea.
mrssgrvs
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July 19, 2012
It's really hard for me to believe there is not an electronic list or a way to find out if Staker has a CCW permit. When I received mine, I was told that if there was a car registered in my name, it would show up. That is if I was being pulled over or something. So now they can't do that?? Just doesn't sound right.
fatwhiteman
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July 19, 2012
I think you need to recheck your information about HB495. House bill is an excellent piece of legislation that will improve the recognition of other state's licenses as well as ease renewals of Ohio CHL's and repair inconsistencies in our CCW legislation.

However, this bill, though easily passing the Ohio House has not been concurred yet by the Senate and signed into law by our Governor. It is not yet law but hopefully soon will be.

The bill, as passed by the House, will allow Ohio to recognize other State's licenses that currently recognize those from Ohio such as Indiana and Missouri. The Bill will not force other states to recognize Ohio CHL's without a formal reciprocity agreement in place (how could a bill passed in Ohio apply to another state?). I am afraid that your Georgia example is inaccurate.

Unless the state of Georgia begins to recognize Ohio licenses on their own or our Attorney General enters into a formal reciprocity agreement with the State of Georgia, Ohio CHL holders cannot legally carry in Georgia.

HB495 is a good, common sense piece of legislation and a thank you to Dr. Terry Johnson for sponsoring it.
yojoe
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July 19, 2012
The Sheriff's office does not know if the shooter has a permit and the permits are not public record? Interesting? Home Rule State?

Are we starting to try this case in the Media like the Zimmerman Martin Case? OOOOh, Ptown may just get on the national map, oh oh?

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