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Posted: 1/10/2002 5:34:35 AM EDT
Ohio's ban on carrying concealed firearms has been struck down as unconstitutional in a landmark ruling. Within Hamilton County, law-abiding, mentally competent adults can now carry guns concealed and have loaded guns in their vehicles without fear of being arrested and prosecuted for exercising their rights under the Ohio Constitution. The Second Amendment Foundation (SAF), a leading national gun owner rights organization, funded the lawsuit. "This is one of the greatest victories for the Second Amendment Foundation and the citizens of Ohio," stated SAF Founder Alan Gottlieb. "Not since SAF forced the city of Los Angeles to begin issuing concealed carry licenses have we earned such a clear win, and it feels great to strike down a gun control law using the Ohio Constitution." SAF's lawsuit exposed the current scheme as a violation of the Ohio Constitution (Article 1, Section 1 [inalienable rights to defending life, liberty and property], Article 1, Section 4 [bear arms for defense and security], Article 1, Sections 2 [equal protection] and Article 1, Section 16 [due process]). In addition, as Judge Ruehlman found in his decision, the current law treats people as if guilty until proven innocent! The Ohio laws in question, R.C. 2923.12, bans all concealed carry of firearms with felony penalties for any violations while R.C. 2923.16 bans loaded guns in a motor vehicle. Only after a person is caught violating either of these provisions, and the person incurs the costs and stresses of a criminal trial, does the current law allow the possibility of an "affirmative defense" to be made. It was for this reason that the law was struck down. This decision does NOT mean that criminals, juveniles and other prohibited persons can carry firearms since many other gun laws remain enforceable. This was made clear in the court's ruling and if there are any questions about this fact, please call the numbers above or visit our website at http://www.saf.org/Ohio.htm "This lawsuit is about restoring the right to bear arms to law-abiding adults under the Ohio Constitution, and does not benefit criminals in any way, shape or form," said Gottlieb. "The hysterical gloom-and-doom rhetoric from the other side highlights that they have not studied the successes in vast majority of states that allow concealed carry." [url]http://www.saf.org/pub/rkba/press-releases/OhioLawUnconstitutional.htm[/url] I am a member of the SAF and I recommend that you all join too. It is tax deductable too.
Link Posted: 1/10/2002 12:21:59 PM EDT
The Second Amendment Foundation of Bellevue, Wash., is paying for the workers' lawsuit. The Brady Center to Prevent Gun Violence, based in Washington, D.C., is helping fight the suit. ................................................................................................ Lawyers defending the law had asked the judge to remove himself from the case. They said he couldn't make a fair ruling because his wife and baby were kidnapped at gunpoint outside a strip-mall camera shop in 1989. Ruehlman's wife, Tia, said a gun probably wouldn't have helped her overcome her assailant. She said she believes that residents should be able to carry concealed weapons but had not discussed the case with her husband. Ruehlman declined to comment on the request. Anti-gun groups said they were worried about the case because of Ruehlman's past rulings. Those include his dismissal of Cincinnati's lawsuit against gun manufacturers two years ago. In 2000, Ruehlman temporarily forbid enforcement of the concealed-weapons ban but was overruled by a state appeals court.
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Link Posted: 1/10/2002 9:32:59 PM EDT
"Not since SAF forced the city of Los Angeles to begin issuing concealed carry licenses" News to me! When did this happen? I guess I need to look at the site.
Link Posted: 1/10/2002 11:02:24 PM EDT
a few years ago a bunch of people and i guess SAF sued the city of LA, cuz they were giving out ZERO permits, even when people had just cause and their lifestyle required the need for a permit. i guess LA lost the lawsuit and hands out like 3 permits a year to SPECIAL high profile people that think they are more powerful than GOD. LA County hands out a few more permits a year than LA city, like 20 or so. before all this a lot of celebs and powerful people went to culver city PD to get their permits, even though they didnt live in the city. CCPD gives out like 60+ permits a year, but then those people have the chiefs home phone number.
Link Posted: 1/12/2002 6:21:12 AM EDT
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