Posted on 04/27/2002 6:05:07 AM PDT by mommadooo3
Citizens can't carry concealed guns yet
Saturday, April 27, 2002
Liz Sidoti
Associated Press
The Ohio Supreme Court on Thursday said police in Hamilton County once again can enforce Ohio's ban on concealed weapons.
The justices agreed to delay the 1st Ohio District Court of Appeals' April 10 ruling that declared the ban unconstitutional and allowed people to carry concealed weapons in Hamilton County, which includes Cincinnati.
Ohio Attorney General Betty D. Montgomery, on behalf of the state, county and city, had asked the Supreme Court to stop the appeals court's ruling from going into effect to allow time for an appeal to the Supreme Court.
The justices, without comment, granted the stay.
No restrictions on carrying handguns had been in place in Hamilton County since the appeals court ruled that the ban on concealed weapons violates the state constitution's guarantee that people can arm themselves for self-defense.
"That's why we wanted to get the stay as soon as possible,'' said Bret Crow, Montgomery's spokesman.
Ohio allows only law-enforcement officials or officers of the state and federal government to carry concealed weapons.
The appeals court accepted the argument of five people, including a private investigator, fitness trainer and hairdresser, who said their jobs take them into areas where they need to be able to protect themselves.
The five filed a lawsuit in Hamilton County Common Pleas Court in 2000, arguing that the ban subjects citizens to arrest before they get a chance in court to clear themselves by arguing they had legitimate self- defense reasons to be armed.
Attorneys for the state, county and city argue that the right to bear arms does not prevent the state from regulating how citizens may carry guns. They say weapons pose a threat to police officers and others.
The private investigator, Chuck Klein, of Cincinnati, said he was frustrated by the stay.
"There just doesn't seem like there's any reasonable means to enforce a stay more than two weeks after the fact,'' Klein said. "There's no need for it. Obviously, there haven't been shootouts in the streets among law-abiding citizens.''
Jeff Garvas, president of Ohioans for Concealed Carry, said the citizens' good behavior during the two-week period shows that the government's argument lacks merit.
"The perceived dangers to law enforcement were proven false,'' he said. "What drastic incident sparked the need for this ruling?''
Richard Ganulin, an assistant city solicitor representing Cincinnati in the case, said he believes the court waited two weeks to impose the stay to be fair to both sides in the case.
The Ohio House in March passed a bill that would allow most Ohioans to carry concealed weapons. The bill still must go to the Senate, and Gov. Bob Taft says he wants law-enforcement endorsement before signing such a measure.
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