Posted on 06/11/2013 7:39:17 AM PDT by Deadeye Division
VAN WERT — Persian Gulf War veteran James Redmon was in a different fight Monday, in a courtroom battling for his right to carry a concealed handgun.
He was treated for post-traumatic stress disorder more than six years ago. Van Wert County Sheriff Thomas Riggenbach cited PTSD as the reason he denied Redmon a concealed handgun license in a March 6 letter.
The 44-year-old Redmon said Riggenbach misinterpreted the law and he should get his license.
The matter was argued in a courtroom Monday and as it turns out, there’s a little more to the story.
Redmon was once charged with two felonies, aggravated burglary and aggravated assault. The burglary charge was dropped and he pleaded guilty to the aggravated assault as part of a procedure that allowed him to accept treatment in lieu of conviction. After successfully completing treatment the conviction never was entered so there is no felony on his record that would disqualify him.
Riggenbach said Monday he also took Redmon’s criminal history into consideration when making his decision even though he does not have a conviction.
“I did the right thing based on what the law tells me to do,” Riggenbach said.
But Redmon said there’s more to the 2006 criminal case that is not a conviction.
“I was a combat vet who beat up a drug dealer trying to save someone’s life,” he said.
Redmon said he warned a drug dealer to stay away from someone and was trying to keep that person from using drugs. The dealer did not listen so he kicked in the door to the drug dealer’s house and beat up the dealer.
The sheriff said the criminal history combined with the PTSD was the reason for denial.
“I’m not going to deny a concealed carry license solely on a PTSD issue,” he said. “I took the totality of all the information and circumstances that I had in front of me to make my decision.”
Riggenbach said he follows Ohio law, which says a sheriff “shall issue” a license. The "shall issue" language removes most discretion from sheriffs when issuing a concealed handgun license. He said he’s issued 276 licenses this year since he became sheriff and only has denied two.
The section of the law the sheriff cited in the letter to Redmon deals with whether a person has been committed to a mental health facility or ruled to be incompetent, neither of which apply to Redmon.
Judge Charles Steele of Van Wert Common Pleas Court asked both sides to file written legal arguments. He will make a decision sometime after that, probably in about a month.
In the meantime, Redmon said he will continue to carry a gun openly for all to see, which is legal in Ohio. He has carried that way for the past 14 years, he said.
Redmon said he is not a risk to the public.
“If I’m out on the street with a weapon the public is safer. I’m a trained expert,” he said.
Redmon decided to apply for his concealed handgun license so he could carry a loaded gun in his truck instead of separating the gun from the ammunition every time he drove his pickup truck. Ohio law allows a concealed handgun license holder to carry a loaded gun in the car.
No, they are ment to be hyperbole to point out the absurdity of the arguement that any laws regarding guns are an infringement on the 2nd Amendment.
You simply don’t like truth.
“Note that there is NO TIME LIMIT contained within this section. Further, having a judge tell you that you have to attend counseling ... is very close to having a court finding you mentally ill and in this case, violent. If this does not directly cross the line, it is dangerously close.”
So, being forced to attend counseling is “dangerously close” to being declared mentally ill?? Give me a break!
Bottom line, the Sheriff might have done what he thought was right, but HE’S NOT FOLLOWING THE LAW.
Yes. You see, there is a difference and a SIGNIFICANT importance attached to when a Judge says - either be convicted of a crime or instead of being convicted, seek psychiatric counseling.
If we look at two extremes, voluntarily seeking counseling and the opposite of being forcibly institutionalized; then being forced to seek counseling instead of going to jail falls somewhere in between. After all, going to jail is a form of institutionalization. It falls into a grey area.
The law that the Sheriff followed, allows a safety valve in this situation. It allows the Sheriff, who might be of the opinion that the application should be denied for metal health issues, to deny the application. This then allows the applicant to go before a judge and have his case heard. It allows the Judge to settle the issue where both are able to present facts to support their case.
Delphos man wins court battle to get CCW license
Posted: Thursday, August 22, 2013 9:44 am | Updated: 9:45 am, Thu Aug 22, 2013.
By GREG SOWINSKI 419-993-2090 gsowinski@limanews.com
VAN WERT – A man who sued the Van Wert County Sheriff after he was refused a concealed carry license has won his case.
Sheriff Tom Riggenbach said Thursday he issued James Redmon of Delphos a concealed carry license after Van Wert County Common Pleas Judge Charles Steele ruled in Redmon’s favor.
Redmon was treated for post-traumatic stress disorder more than six years ago. Riggenbach cited PTSD as the reason he denied the 44-year-old Redmon the CCW license in a March 6 letter.
http://www.limaohio.com/news/local_news/article_ef3c13fa-0b30-11e3-9508-001a4bcf6878.html
Update: Thanks Deadeye Division
Delphos man wins court battle to get CCW license
Posted: Thursday, August 22, 2013 9:44 am | Updated: 9:45 am, Thu Aug 22, 2013.
By GREG SOWINSKI 419-993-2090 gsowinski@limanews.com
VAN WERT – A man who sued the Van Wert County Sheriff after he was refused a concealed carry license has won his case.
Sheriff Tom Riggenbach said Thursday he issued James Redmon of Delphos a concealed carry license after Van Wert County Common Pleas Judge Charles Steele ruled in Redmon’s favor.
Redmon was treated for post-traumatic stress disorder more than six years ago. Riggenbach cited PTSD as the reason he denied the 44-year-old Redmon the CCW license in a March 6 letter.
http://www.limaohio.com/news/local_news/article_ef3c13fa-0b30-11e3-9508-001a4bcf6878.html
“The law that the Sheriff followed”??
Maybe you can tell us what law that is?
The Sheriff didn’t follow the law - that’s why the applicant got his license.
See post #16
Again, you are wrong.
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