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.