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Posted: 4/14/2002 2:58:48 PM EDT
[Last Edit: 4/14/2002 2:59:38 PM EDT by jtw2]

Ohio Concealed Weapons Law Ruled
Unconstitutional


CINCINNATI - A state
appeals court on
Wednesday declared
Ohio's decades-old ban
on carrying concealed weapons
unconstitutional because it violates the
right to self defense.

The framers of the Ohio constitution "put the
citizens' rights up front," said Mark Painter,
presiding judge of the 1st Ohio District Court
of Appeals. "We believe they meant what they
said."

Ohio's attorney general asked the state
Supreme Court for an immediate delay of the
ruling to hear an appeal, said spokesman Joe
Case.

Lawyers for Cincinnati, Hamilton County and
the state had argued that government has the
right to regulate the manner in which
weapons are carried.

The appeals court upheld Hamilton County
Common Pleas Judge Robert Ruehlman's Jan.
10 ruling that the state ban was
unenforceable in the county. The ban includes
both carrying a concealed weapon and having
a loaded weapon in a vehicle.

The court also said the ban is confusing to
citizens and police, making it likely that
various agencies would enforce the law
differently.

"I feel like a burden's been lifted off my
shoulders," said Pat Feely, 31, a food delivery
truck and one of five people who challenged
the law. "I feel like I don't risk arrest."

Feely was arrested in 1999 because he kept a
gun in his waistband while delivering pizzas.

Ohio allows only law enforcement officials
and state and federal government officers to
carry concealed weapons.

The plaintiffs, who include a private
investigator, say their jobs take them into
areas where they need self defense. Their
attorneys also argued that conflicting
enforcement by different police agencies
makes it difficult for people to know how to
exercise their constitutional right to self
defense.

They said Cincinnati police have arrested
people for carrying concealed weapons, and
city officers have testified they probably
would arrest someone who tried to openly
carry a weapon.

A State Highway Patrol officer testified that
the patrol has caught motorists carrying
loaded guns and let them go.

Forty-three states allow concealed weapons in
some form
Link Posted: 4/14/2002 3:53:40 PM EDT
Now, for the rest of Ohio...
Link Posted: 4/14/2002 4:57:28 PM EDT

Originally Posted By Sniper_Wolfe:
Now, for the rest of Ohio...



I'm pretty sure this ruling applies to ALL of Ohio.

It was a State appeals Court.
Link Posted: 4/14/2002 5:02:29 PM EDT
KICK ASS!
hope this passes, and then they honor michigan's law, then i won't have to stop at the border and put it in a locked case in the trunk when i go to toledo.
pain in the ass. (and i do it every time, like a good citizen)
Link Posted: 4/14/2002 8:40:15 PM EDT
This ruling only refers to Hamilton County.
Link Posted: 4/14/2002 9:03:42 PM EDT

Originally Posted By tarateddy:
This ruling only refers to Hamilton County.


Where are you at in Ohio? I'm in Ashtabula.
CAPITALIST
Link Posted: 4/14/2002 9:09:06 PM EDT

Originally Posted By tarateddy:
This ruling only refers to Hamilton County.



I see. Doesn't this give anyone else who wants to challenge an arrest pretty good ammo to win thier case as it was argued and won on State Constitutional grounds?
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