If you have to get permission or a license for that matter from the government, then obviously it is STILL unconstitutional.
The 2nd Amendment mentions NOTHING about getting permission.
Posted on 01/10/2002 4:52:10 AM PST by Corporate Law
Judge strikes down concealed carry 'ban'
By Kimball Perry, Post staff reporter
A judge today ruled unconstitutional Ohio's law that effectively prevents law-abiding citizens from carrying a concealed weapon for protection or work.
Ohio's concealed carry laws ''are unconstitutional on their face and as applied to the plaintiffs in that said (laws) deny to plaintiffs, in particular, and the law-abiding citizens with in Hamilton County, in general, the right to carry a concealed firearm for their defense and security, contrary to their Ohio Constitutional right,'' Hamilton County Common Pleas Court Judge Robert Ruehlman noted in his decision released today.
Ruehlman also ordered a permanent injunction in the case preventing police from making arrests for carrying a concealed weapon by ''law-abiding citizens within Hamilton County.''
Hamilton County Prosecutor Mike Allen said he will appeal Ruehlman's decision.
''We anticipated it,'' Allen said, noting he already has his written appeal ready to file. ''We're going to appeal and ask for a stay. Any change in this law should come from the Legislature.''
The original suit was filed in 2000 by Cincinnati private investigator Chuck Klein Jr. and others - a hair stylist, pizza delivery man and can teen food truck workers - who said they needed to carry concealed weapons for their work or safety.
''It doesn't surprise me,'' Klein said today. ''Outstanding. The law was a bad law and the (Ohio) Legislature over the years has refused to look at it. This was the only option we had left.''
In today's ruling, Ruehlman noted people should have the right to protect themselves.
''Amidst all of the baying from gun opponents is the irrefutable fact that there will always be people in our society who refuse to follow any rules and who can never be reasoned with or rehabilitated,'' he wrote. ''These people have no conscience and no qualms about doing harm to innocent persons.''
Ohio is one of less than 10 states which outlaws concealed weapons. Klein filed the suit - with the help of gun advocacy agencies The Second Amendment Foundation and Ohioans for Concealed Carry - in hopes of getting either the law overturned or a permitting process established.
''I wouldn't object to a permitting system,'' Klein said, ''as long as it isn't an Orwellian or Draconian system that makes you jump through a whole bunch of hoops.''
This isn't the first time Ruehlman has been involved in controversial decisions involving guns.
In 1999, Ruehlman tossed out a lawsuit in which the city of Cincinnati sued gun manufacturers, distributors and trade association, blaming them for negligence. The guns, that suit accused, were designed without proper safety features and, as a result, the city sought to have those manufacturers repay the city for police, medical and other services related to violence because guns contribute to public health problems.
Writing that people - not guns - kill, Ruehlman threw out that suit.
Publication date: 01-10-02
Excellent news!
Let's here it for a judge that took the time to read the Constitution!
This line says it all.
IOW, "We knew we would lose because any truthful person can see the law is unconstitutional. Although we realize that it is the courts place to rule laws unconstitutional, we don't think they should do it in this case because history shows that the bought and paid for legislature will not change the law".
here = hear
I hope there are some Freepers who are carrying today, at least until the injunction goes through.
If you have to get permission or a license for that matter from the government, then obviously it is STILL unconstitutional.
The 2nd Amendment mentions NOTHING about getting permission.
Now we just need one license for all 50 states!!!
Eaker
Sorry, I think I fainted!
I'd rather any one state's license being valid for any other state. But you're right, this is a great victory for us pro-self-defense people. I congratulate my neighbors to the south (even if they did win the Toledo War) on regaining the right to be responsible for themselves.
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