Ohio Concealed Weapons Ban Unconstitutional

Hamilton County Court of Appeals ^ | 4/10/02 | Hamilton Cty. Ct. of Appeals

[TheErnFormerlyKnownAsBig]

That's right Dan. SAF is doing a lot of heavy lifting for us.

Anybody wondering how they can support our Second Ammendment rights can get in touch with the Second Ammendment Foundation saf.org is thier website and they are behind the Emerson cas as well.

[patton]

One for the good guys. Hamilton County, Ohio, seems to have just become Vermont-Style concealed carry free.

[ctdonath2]

Awright! Now, can someone explain what this really means in a legal & practical manner, especially for non-residents?

[gnarledmaw]

"finding that Ohio's ban on concealed carry violates the Ohio Constitution"

What does Ohios constitution say about it? How does Ohios version of the 2nd read?

[mgc1122]

Now let's get a few states to amend their constitutions to reflect the wordage found in Ohio's ... and push the gun grabbers even further back toward total irrelevance.

[vortigern]

Cincinnati radio (WLW) is reporting that the ban on concealed carry has been lifted in Hamilton County (pending likely appeals). How does the court's ruling affect the rest of the state? Just curious if you know?

[Travis McGee]

I'll bump that!

[good_ash]

ohio isn't an open carry state - this only applies to one county, where, if the injunction is lifted, concealed carry is now legal, without a permit (a-la vermont style concealed carry)

[SpinyNorman]

Sarah Brady comments: GAKKK!!!!!

[goldstategop]

Judge Ruehlman's ruling applied only to Hamilton County --- that is to the environs of Cincinnati and surrounding communities in the county. The Ohio Appeals Court which granted the previous stay of the ruling has now lifted it AND affirmed the trial court's ruling and now the decision is binding statewide, not just in Hamilton County. This means Ohio citizens can openly carry firearms on their persons without fear of arrest, indictment, prosecution, and conviction. Today is truly a day a blow has been struck FOR the Constitution of Ohio AND the Second Amendment. Ohio now joins the ranks of states in which its possible to carry weapons without having to rely on the county sheriff or police chief to grant that precious permit. In a free society people should have the right to protect their persons and their homes. The Ohio Appeals Court affirmed this fundamental right. Now the politicians of Ohio including Governor Robert Taft, have to decide whether to obey the Constitution or submit to the likes of Sarah Brady and Josh Sugarman.

[goldstategop]

I think the Stat Appeals Court decision extended the ruling throughout the state. Whether the State Legislature decides to adopt a shall issue concealed carry permit law remains to be seen. However whether they do or do not act, the fact remains Ohioans can now carry guns on their persons without a permit, whether openly or concealed. And yes we can expect the gun banners to come forth with a barrage of hysterical propaganda about how all this will turn Ohio into a shooting gallery. It hasn't happened in any of the other 34 states in which you can be issued a permit or in Vermont where none has ever been needed.

[Slip18]

I'll bump this again. This is exciting!

[Cyber Liberty]

Hey, you in "Hog Heaven" yet?

[patton]

No, no, no - concealed carry is now legal, open cary is not. Go read the decision.

And I do not know Ohio law well enough to be certain, but most appelate court decisions are binding only in the court's district.

That would mean that concealed carry is only legal in hamilton county.

[Rustynailww]

The Ohio Constitution, Section 4, Article I, states, “The people have the right to bear arms for their defense and security * * *.”

[gnarledmaw]

Thanks, right after you posted that I found the full version of that article...

§ 1.04 Bearing arms; standing armies; military powers (1851)

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.

[BLASTER 14]

Your #10 is outstanding. I've never seen it before. Thanks much.

[FreedomPoster]

WOOO-HOOOO

Good job, Buckeyes. Though an Army Brat and a Southerner by long-time residence, Dad was from Toledo and played for Woody at OSU, so I have a warm place in my heart for Ohio. Glad to see something positive happening there.

Echoing an earlier request, can anyone comment knowledgeably about what this means for visitors to the state? I currently have CCW reciprocity in all the states I'm in at all frequently; it would be nice if Ohio were added to the list, as I do go there from time to time.

[katana]

and now the decision is binding statewide, not just in Hamilton Count

I hope you're right. It would make logical sense that a State appeals court ruling on the constitutionality of a State law would automatically apply statewide, but since when do logic and the law have to co-exist ? The afternoon drivetime talk shows in Cleveland will be full of nothing but this and the Indian's win streak.

[good_ash]

Yes, it's only legal in hamilton county. What remains to be seen is whether the county will appeal this to the state supreme court, risking state wide non-permit concealed carry, or leave hamilton as an isolated island where cc is legal.