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Posted: 11/6/2002 10:29:30 AM EDT
Does anyone think Ohio will actually get CCW in the lame duck session now? I have heard all kinds of conflicting info on this. Taft said he wouldn't sign the current bill as is, etc. Your input would be appreciated.
Link Posted: 11/6/2002 10:44:37 AM EDT
Hey Bustin, good to see you again. Great question. My guess is no Taft won't sign anything like this which really sucks. Unless the sate Senate and House pass it with almost veto proof levels. Do they have they kind of support for CCW? BTW, do you know what kind of CCW is closest to passing?
Link Posted: 11/6/2002 11:05:57 AM EDT
taft??? sign ccw??? what's the temp in hades today? no way will that guy sign ANY ccw legislation. the police chiefs and policemans organizations don't want ordinary CITIZENS to be armed...and the commie taft supports them. we're screwed.
Link Posted: 11/6/2002 11:20:23 AM EDT
[Last Edit: 11/6/2002 11:21:05 AM EDT by BenDover]
I talked to State Rep Keith Faber a couple of weeks ago. He told me they had enough votes in the Ohio house to pass the resolution veto proof in the next session. If the State Supreme Court rules it unconstitutional, it's a moot point.
Link Posted: 11/6/2002 11:23:04 AM EDT
But, since it is unconstitutional to disallow CC, aren't we allowe dot carry RIGHT NOW?
Link Posted: 11/6/2002 11:29:56 AM EDT
sup, nukem I hope that "veto proofing" is an option. It appears doubtful. As far as the bills, I only know of a "shall issue" type. I am going to look around for some scoop. As far as being constitutional goes, cinci area was allowed to carry for 3 weeks after a lower court determined it was unconstitutional. Then, somehow it was held in place pending review by higher courts. It would be sweet to see the whole stupid ban flush with a supreme court action though.
Link Posted: 11/6/2002 11:38:00 AM EDT
[url]http://www.ofcc.net/ccwlawsuit.php[/url] SUPPORT THIS SITE IF YOU WANT CCW!!!! mugzilla, here is the lawsuit dealing with CCW ban being unconstitutional..note YOU STILL CANNOT CARRY LEGALLY IN OHIO!!! although any charges may be tossed pending favorable decision by supreme court. From Ohioans for Concealed Carry website:
Three men and a woman filed a lawsuit in Hamilton County, Ohio in 2000 seeking a court order preventing law enforcement agencies from enforcing Ohio Revised Code sections 2923.12 banning concealed carry of firearms with felony penalties for any violations and R.C. 2923.16 banning loaded guns in a motor vehicle. After many hurdles, it was combined with a nearly identical case filed only after the first lawsuit was stalled in the courts. To date, all four judges hearing these cases have concluded that these laws violate Ohio's Constitution. These combined cases are now referred to as the Hamilton County Lawsuit or the Cincinnati Lawsuit and they are currently awaiting a decision by the Ohio Supreme Court on whether the cases will be heard there. There is a stay issued against our victories, and the carry bans remain active for right now.
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Link Posted: 11/6/2002 12:02:44 PM EDT
[Last Edit: 11/6/2002 12:07:11 PM EDT by NukeThemTillTheyGlow]
Yes, I went and checked this (I belong to Ohioans for CCW too) and found that the House passed HB274 at veto proof levels (sorry, the job search, baby and AR15.com! have been distracting me). Now the Senate must act, then the Gov. Go to [url]www.ohioccw.org[/url] and read [url]www.ohioccw.org/pendbill.php[/url], join and send letters to your reps.
Link Posted: 11/6/2002 12:58:29 PM EDT
Since a higher court has not actually overturned the prior ruling of unconstitutionality of the ban on CCW, but simply put a stay on the decision, once a law is deemed unconstitutional, it can only be restored when a higher court actually OVERTURNS the original decision. Hon. Thos. Rhulman initially disallowed the ban and the Court of Appeals upheld the decision. This ultimately means that in Hamilton County, you cannot be prosecuted for CCW. You can be arrested with all the related inconveniences, but Mike Allen's office is not going to press charges. This has not been tested as of yet, but I expect that it will before long. The Supreme Court has agreed to hear the case, but it won't be scheduled until after the first of the year with O'Conner and Stratton being out for re-election campaigning. So essentially, it comes down to two possible courses of action. One, the State Supreme Court rules on the overall unconstitutional ban on CCW and we have some sort of Vermont-style. Or, the Senate gets its act together before the Court rules and passes the legislation in a veto-proof fashion like the House. Either way, we will have CCW in Ohio and there isn't anything Taft can do about it. But he knew this from the getgo and played the political game to get elected for his initial term. I am more concerned about Taft's fiscal problems and education issues than anything else right now.
Link Posted: 11/6/2002 1:07:02 PM EDT
Let's face it guys. Ohio citizens are just far more dangerous and cannot be trusted when compared to the 38+ states that "allow" CCW. I hated like hell to give up my CCW when I got not tranferred here from KY last year.
Link Posted: 11/6/2002 3:11:09 PM EDT
Link Posted: 11/7/2002 11:42:43 AM EDT
Originally Posted By BenDover: Since a higher court has not actually overturned the prior ruling of unconstitutionality of the ban on CCW, but simply put a stay on the decision, once a law is deemed unconstitutional, it can only be restored when a higher court actually OVERTURNS the original decision. Hon. Thos. Rhulman initially disallowed the ban and the Court of Appeals upheld the decision. This ultimately means that in Hamilton County, you cannot be prosecuted for CCW. You can be arrested with all the related inconveniences, but Mike Allen's office is not going to press charges. This has not been tested as of yet, but I expect that it will before long. The Supreme Court has agreed to hear the case, but it won't be scheduled until after the first of the year with O'Conner and Stratton being out for re-election campaigning. So essentially, it comes down to two possible courses of action. One, the State Supreme Court rules on the overall unconstitutional ban on CCW and we have some sort of Vermont-style. Or, the Senate gets its act together before the Court rules and passes the legislation in a veto-proof fashion like the House. Either way, we will have CCW in Ohio and there isn't anything Taft can do about it. But he knew this from the getgo and played the political game to get elected for his initial term. I am more concerned about Taft's fiscal problems and education issues than anything else right now.
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Thanks Ben Just maybe Ohio can go from among the luckless to the luckiest in one legal decision. How sweet would that be!
Link Posted: 11/7/2002 2:51:07 PM EDT
Good luck Ohio!
Link Posted: 11/7/2002 2:58:58 PM EDT
Yes good luck. You and Illinois are the two big hassles when we take our roadtrips back to PA.
Link Posted: 11/7/2002 3:06:21 PM EDT
Originally Posted By ArmdLbrl: Yes good luck. You and Illinois are the two big hassles when we take our roadtrips back to PA.
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sorry, trying to change that
Link Posted: 11/7/2002 3:19:37 PM EDT
The senate stalled the bill so as not to embarass the ass, Comrade Taft. O'Conner is no friend on the court as she is an anti. The court is majority anti but MAY have enough honor to rule based on law rather than personal opinion. We shall see....
Link Posted: 11/8/2002 4:41:43 AM EDT
I just received this from the Ohio-CCW: "Friends of Concealed Carry Reform, Your immediate assistance is needed. The Ohio Senate Judiciary Committee on Civil Justice, chaired by Senator Jeff Jacobson, will not hear HB274 next week during the Wednesday and Thursday hearings. The following Senators are members of the committee and need to hear from everyone on this mailing list by telephone. Please take a few minutes out of your day and contact these offices, and make sure everyone you know does the same. Some of the items you need to hit on during your call are listed below. You should identify who YOUR Senator currently is prior to calling any of these offices. Why? Because your Senator may be listed below. If so, you should call your Senator first and make sure they know they represent YOU. Be sure to read the items below, and start making your calls during business hours or leave a message on their voice mail tonight asking to be called back tomorrow. You can identify your senator here: http://www.OhioCCW.org/alet.php Republicans: (614) 466-4538 - Jacobson (614) 466-8068 - Blessing Chair Vice Chair (614) 466-7505 - Amstutz (614) 466-3780 - Austria (614) 466-5838 - Hottinger (614) 466-8064 - Goodman Democrats: (614) 466-5131 - Espy (614) 466-4583 - Fingerhut Ranking Minority Member (614) 466-7041 - Herington Discussion Items: -------------------------- + The State of Ohio FOP is trying to water down the bill. After + offering absolutely no suggestions or amendments in the past two years, the FOP is now trying to gut the legislation right before the Senate's hands are tied and the bill must be passed. Tell your Senator and ALL of the Senators above to RESIST the FOP's efforts at destroying this bill. + In the Ohio House, the Civil and Commercial Law Committee made compromises with the Buckeye State Sheriff's Association. Those included mandatory fingerprints, mandatory social security numbers on the application, and other mandatory compromises. + Tell your Senators and every Senator above: Pass this legislation without adding more gun control, more restrictions, or attempts by the FOP to destroy concealed carry reform. You can identify your senator on our website, and send them a email (which we will fax them) by visiting this website: http://www.OhioCCW.org/alet.php Please distribute this letter to every imaginable discussion list or mailing list related to concealed carry reform and open to Ohio issues. The Ohio Senate MUST hear from you immediately or the State of Ohio FOP is going to destroy this legislation."
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