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YES YES YES! |
Posted on 01/10/2002 4:52:10 AM PST by Corporate Law
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.
This was "controversial"?
Our governor has no spine, and that's just the beginning of his problems.
The people have the right to bear arms for their defense and security; but standing armies, in time of peace, are dangerous to liberty, and shall not be kept up; and the military shall be in strict subordination to the civil power.
the key word here in the constitution is "bear"
from the webster dictionary bear
Function: verb
Inflected Form(s): bore /'bOr, 'bor/;
borne /'bOrn, 'born/; also born /'born/; bear·ing
Etymology: Middle English beren to carry, bring forth, from Old English beran; akin to Old High German beran to carry, transitive senses
1 a : to move while holding up and supporting b : to be equipped or furnished with c : BEHAVE, CONDUCT d : to have as a feature or characteristic e : to give as testimony f : to have as an identification g : to hold in the mind h : DISSEMINATE i : LEAD, ESCORT j : RENDER, GIVE
the ORC (Ohio Revised Code) says:
§ 2923.12 Carrying concealed weapons.
Text of Statute
(A) No person shall knowingly carry or have, concealed on his or her person or concealed ready at hand, any deadly weapon or dangerous ordnance.
(B) This section does not apply to officers, agents, or employees of this or any other state or the United States, or to law enforcement officers, authorized to carry concealed weapons or dangerous ordnance, and acting within the scope of their duties.
(C) It is an affirmative defense to a charge under this section of carrying or having control of a weapon other than dangerous ordnance, that the actor was not otherwise prohibited by law from having the weapon, and that any of the following apply:
(1) The weapon was carried or kept ready at hand by the actor for defensive purposes, while the actor was engaged in or was going to or from the actor's lawful business or occupation, which business or occupation was of such character or was necessarily carried on in such manner or at such a time or place as to render the actor particularly susceptible to criminal attack, such as would justify a prudent person in going armed.
(2) The weapon was carried or kept ready at hand by the actor for defensive purposes, while the actor was engaged in a lawful activity and had reasonable cause to fear a criminal attack upon the actor or a member of the actor's family, or upon the actor's home, such as would justify a prudent person in going armed.
(3) The weapon was carried or kept ready at hand by the actor for any lawful purpose and while in the actor's own home.
(4) The weapon was being transported in a motor vehicle for any lawful purpose, and was not on the actor's person, and, if the weapon was a firearm, was carried in compliance with the applicable requirements of division (C) of section 2923.16 of the Revised Code.
(D) Whoever violates this section is guilty of carrying concealed weapons, a misdemeanor of the first degree. If the offender previously has been convicted of a violation of this section or of any offense of violence, if the weapon involved is a firearm that is either loaded or for which the offender has ammunition ready at hand, or if the weapon involved is dangerous ordnance, carrying concealed weapons is a felony of the fourth degree. If the weapon involved is a firearm and the violation of this section is committed at premises for which a D permit has been issued under Chapter 4303. of the Revised Code or if the offense is committed aboard an aircraft, or with purpose to carry a concealed weapon aboard an aircraft, regardless of the weapon involved, carrying concealed weapons is a felony of the third degree.
This judge (for once!) actually saw the contradiction and ruled for the OHIO constitution.
I have often wondered what would happen if anyone carried a piece around openly, not concealed if they would try to accuse that person of breaking a law.
anyway....big bump for personal liberty!
Let's see how the gun control nuts and the Nazi left spin this to look like it's good news for them, LOL.
No - what we need is NO license for any state as Vermont is today.
Wonder if this has anything to do with the riots they had over the summer.
I went to a city club forum where the current laws were debated and the demorat was arguing that the current law is fine. When someone asked him how long he thought it would take to get a gun out of a glovebox and the ammo out of the trunk and then load it he tried everything he could to dodge the question.
The bottom line is that with the current law, if you obey it, you're dead before you use a key to open the glove box.
''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.''
We need more judges like this one on the bench -- people who have a firm grasp of the obvious.
Hamilton County Prosecutor Mike Allen said he will appeal Ruehlman's decision.
The bad news is that the courts are so stacked with leftists, they can appeal until they get the decision they have predetermined.
If you have to ask permission, it isn't a right.
Boonie Rat
MACV SOCOM, PhuBai/Hue '65-'66
The people have the right to bear arms for their defense and security; but standing armies, in time of peace, are dangerous to liberty, and shall not be kept up; and the military shall be in strict subordination to the civil power. Article 1, item 4, Ohio Constitution.
To be honest, I don't see that the OC requires the legislature to permit concealed weapons, as long as open carry is legal. And at least as the law is open carry is legal in Ohio. Of course, I should also point out that open carry is not a practical option. In most of the state one is likely to be pounced on by local law enforcement, many of whom will be unaware that it is legal to carry a gun openly. Others who know better are still hostile enough to harrass gun owners carrying openly.
Nonetheless, a prohibition on concealed carry doesn't offend the Ohio Constitution, in my opinion, despite the present environment for open carry. Detention of an open-carrying gun owner or confiscation of the gun-- likely consequences in the Buckeye State's larger cities-- would, however, constitute an offense. That sort of case isn't being litigated right now, however.
I haven't read the decision, but as I think about it, though, the issue before the judge might have been the interpretation of Ohio law other than the constitution. Ohio law provides for the carrying of concealed weapons in circumstances in which a reasonable person would go armed. Perhaps the complainant was arguing that his circumstances were, in fact, of this kind. That question is not a constitutional one.
At any rate I look forward to the passing of concealed carry legislation in Ohio-- perhaps the next session of the legislature will produce a law.
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