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Posted: 4/10/2002 9:15:31 AM EDT
[url]http://www.ofcc.net/news.php[/url] APPEALS COURT RULES UNANIMOUSLY - CCW BAN IS UNCONSTITUTIONAL Ohioans For Concealed Carry issued the following press release today: CINCINNATI, Ohio, April 10 - Ohioans for Concealed Carry (http://www.OhioCCW.org) announced they were pleased with a unanimous ruling handed down Wednesday by Ohio's First District Court of Appeals (Combined cases: C020012, C020013, C020015 & C020021). The non-profit organization is one of the successful plaintiffs in the lawsuit, in Hamilton Common Pleas Court. Judge Robert Ruehlman declared an Ohio gun control law in violation of the Ohio Constitution. The Appeals court's unanimous decision in favor of the combined plaintiffs is a victory for Ohioans and the Ohio Constitution. Law-abiding citizens carrying firearms for self-defense is recognized as a basic civil right. Continued enforcement of this unconstitutional law would result in the felony prosecution and conviction of otherwise law abiding Ohioans statewide. "This ruling only affects the law-abiding. Felons or other criminals prohibited by other Ohio or Federal laws will still be prohibited from even possessing a firearm, let alone carrying one." said Jeff Garvas, President of OFCC. The defendants have stated that they would appeal to the Ohio Supreme Court in the past. Since they can not win on the basis of law or facts, they will now shamelessly try to prolong the case by tying it up in The Ohio Supreme Court. By appealing this ruling to the Ohio Supreme Court the State of Ohio has nothing to win, and everything to lose. Today's ruling and all previous rulings were effective only in Hamilton County, Ohio. By appealing this case to Ohio's top court the defendants risk a statewide loss. "It is our hope that the Ohio Supreme Court realizes the defendants agenda in stalling the permanent injunction and refuses any attempts for yet another emergency stay." said Garvas. The trial court ruled that Ohio's existing prohibition on concealed carry violates the Ohio Constitution on three counts: Equal Protection, Due Process, and the right to bear arms for self-defense and security. Forty-four states, including every state bordering Ohio, provide a legal mechanism for citizens to carry a firearm for self-defense. To do so in Ohio could result in a felony charge by law enforcement officers. Governor Taft campaigned on the issue of making Ohio safer by enabling potential victims to protect themselves. In the past four years of concealed carry debate Governor Taft has opposed his own campaign promise. In March the Ohio House passed a concealed carry reform bill by a stunning two thirds majority, or six votes more than necessary to override a veto. "The courts and the Ohio House are finally seeing the light. Governor Taft should release the hold he has on Senate leadership and allow pending concealed carry reform legislation to become law." said Garvas.
Link Posted: 4/10/2002 10:17:02 AM EDT
Excellent! Bob Taft must be crapping his pants right now. [:D]
Link Posted: 4/10/2002 10:33:49 AM EDT
Awesome! I read the whole opinion and it is terrific. A very strongly written piece of work. I think that we should elevate these justices to the US Supreme Court.
Link Posted: 4/10/2002 12:57:39 PM EDT
What does this mean though? Is it now Vermont-style carry in Ohio or what? Somehow I doubt I'm getting the whole story here.
Link Posted: 4/10/2002 1:02:57 PM EDT
Originally Posted By trickshot: What does this mean though? Is it now Vermont-style carry in Ohio or what? Somehow I doubt I'm getting the whole story here.
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Only in one county, the one where the original case was brought. However other suits can be brought in other counties using this as precident, and should win without difficulty. Now if the State appeals this to the State Supreme Court and they uphold this Appellate ruling THEN it applies to the whole state. And then Ohio is back to just its Constitution as the only law on the books regarding this untill the Legislature acts.
Link Posted: 4/12/2002 5:53:59 AM EDT
As of Friday morning, the state and defendants in the case have submitted appeals to the Ohio Supreme Court, but have not heard anything from the court. The good citizens of Hamilton County have had 24 hours of Vermont-style carry so far.
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