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APPEALS COURT RULES UNANIMOUSLY - CCW BAN IS UNCONSTITUTIONAL (In OHIO)
ohioccw.org ^ | 10 Apr 02 | press release

Posted on 04/10/2002 8:44:12 AM PDT by KrisKrinkle

Ohioans For Concealed Carry issued the following press release today: CINCINNATI, Ohio, March 10 -

Ohioans for Concealed Carry (http://www.OhioCCW.org) announced they were pleased with a unanimous ruling handed down Wednesday by Ohio's First District Court of Appeals (Combined cases: C020012, C020013, C020015 & C020021).

The non-profit organization is one of the successful plaintiffs in the lawsuit, in Hamilton Common Pleas Court. Judge Robert Ruhlmamm declared an Ohio gun control law in violation of the Ohio Constitution.

The Appeals court's unanimous decision in favor of the combined plaintiffs is a victory for Ohioans and the Ohio Constitution. Law-abiding citizens carrying firearms for self-defense is recognized as a basic civil right.

Continued enforcement of this unconstitutional law would result in the felony prosecution and conviction of otherwise law abiding Ohioans statewide.

"This ruling only affects the law-abiding. Felons or other criminals prohibited by other Ohio or Federal laws will still be prohibited from even possessing a firearm, let alone carrying one." said Jeff Garvas, President of OFCC.

The defendants have stated that they would appeal to the Ohio Supreme Court in the past. Since they can not win on the basis of law or facts, they will now shamelessly try to prolong the case by tying it up in The Ohio Supreme Court.

By appealing this ruling to the Ohio Supreme Court the State of Ohio has nothing to win, and everything to lose. Today's ruling and all previous rulings were effective only in Hamilton County, Ohio. By appealing this case to Ohio's top court the defendants risk a statewide loss.

"It is our hope that the Ohio Supreme Court realizes the defendants agenda in stalling the permanent injunction and refuses any attempts for yet another emergency stay." said Garvas.

The trial court ruled that Ohio's existing prohibition on concealed carry violates the Ohio Constitution on three counts: Equal Protection, Due Process, and the right to bear arms for self-defense and security.

Forty-four states, including every state bordering Ohio, provide a legal mechanism for citizens to carry a firearm for self-defense. To do so in Ohio could result in a felony charge by law enforcement officers.

Governor Taft campaigned on the issue of making Ohio safer by enabling potential victims to protect themselves. In the past four years of concealed carry debate Governor Taft has opposed his own campaign promise.

In March the Ohio House passed a concealed carry reform bill by a stunning two thirds majority, or six votes more than necessary to override a veto.

"The courts and the Ohio House are finally seeing the light. Governor Taft should release the hold he has on Senate leadership and allow pending concealed carry reform legislation to become law." said Garvas.


TOPICS: Activism/Chapters; Constitution/Conservatism; Crime/Corruption; Culture/Society; US: Ohio
KEYWORDS: banglist; ohioccw
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To: CHICAGOFARMER
Great job with this map.

You should make it availbe in PDF, and Word so that thousands of firearm citizens can use in editorials and other campaigns for second amendment rights groups.

Actually, it is not my map. I came across it from the American for Tax Reform group. I have given them an attaboy email already.

21 posted on 04/10/2002 11:16:24 AM PDT by Frohickey
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To: smith288
What part of "...SHALL NOT BE INFRINGED..." do these people not understand?

*************

Why should I trust a government that doesn't trust me to carry a gun?

*************

CITIZEN CARRY FOR ALL 50 STATES RECIPROCITY IN ALL 50 STATES

22 posted on 04/10/2002 11:18:21 AM PDT by Jerrybob
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To: Dan From Michigan; ChicagoFarmer; technochick99; usconservative; Redwing9; Mr. Magoo
Bump for great justice!

Can we use this ruling somehow as rationale in the great state of Illinois?

23 posted on 04/10/2002 11:18:34 AM PDT by Lazamataz
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To: KrisKrinkle
My advice for all those who care about the RKBA in Ohio: Get to work right now on forcing your legislature to draft a "shall issue" CCW bill; because its my bet that they will react to this ruling by creating a "may issue" law, and you will be right back where you started from. May Issue effetively means NO ISSUE; this is California's current situation - no one but the rich, powerful, and connected gets a CCW here.
24 posted on 04/10/2002 12:06:34 PM PDT by 45Auto
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To: Frohickey
To Frohickey

*GREAT MAP.
WILL YOU AUTHORIZE ALL AMERICAN CITIZENS TO REPOST THIS IMAGE ON EVERY WEBSITE THEY KNOW??
I AM FORMALLY ASKING YOU FOR YOUR PERMISSION. *

25 posted on 04/10/2002 12:40:06 PM PDT by CHICAGOFARMER
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To: Lazamataz
Great logic, and good stratrgy.

Michigan has it figured out. MCRGO.

Illionis needs a needs a strong MCRGO base type of firearm supporters. The shooter club ISRA claims to represent the self defense group, but have failed to any headway on the issue.

You sound like a leader perhaps you can stir up some energy.

John Bock and John Birch are two organizations that have some traction.

26 posted on 04/10/2002 12:44:35 PM PDT by CHICAGOFARMER
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To: CHICAGOFARMER
You sound like a leader perhaps you can stir up some energy. John Bock and John Birch are two organizations that have some traction.

I dare not commit to more than I can deliver, but I will try. Ask Mr. Birch if -- my questions and comments aside -- he would be willing to meet with me per this topic. Do you have any contacts with Mr. Bock?

27 posted on 04/10/2002 12:48:25 PM PDT by Lazamataz
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To: Frohickey
OK, criminals. Except for Ohio, you know where to move to. Pack your bags, use the map and go!.
28 posted on 04/10/2002 12:48:30 PM PDT by Shooter 2.5
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To: Frohickey
There is no CCW in NJ unless you are a cop, judge or prosecutor. (or a gangsta...you can carry and if you are caught, it's usually a slap on the wrist and a quick release).
29 posted on 04/10/2002 12:54:20 PM PDT by Constitutional Patriot
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To: CHICAGOFARMER
" The shooter club ISRA claims to represent the self defense group, but have failed to any headway on the issue."

They do a good job considering they only have 20,000 members, live in a state that has an anti-gun voting block that works like a machine and that the people don't vote for their freedoms. The Illinois constitution says, "Subject to the police power, the right to keep and bear arms shall not be infringed". Now how are you going to get a court ruling on something like that? I know, My group tried in Oak Park and another group tried in Morton Grove. In order to get your second Amendment rights, you're first going to have to destroy the anti-gun democratic party.

30 posted on 04/10/2002 12:57:44 PM PDT by Shooter 2.5
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To: 45Auto
According to their constitution, only a Vermont style may be legal. Pretty cool, huh!
31 posted on 04/10/2002 1:00:12 PM PDT by Shooter 2.5
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To: Frohickey
Did you make that map? Good job, except for Washington, DC. It is not at the tip of the Delmarva, that is part of Virginia. DC is a squarish area extending from the Potomac River northward into Maryland.
32 posted on 04/10/2002 1:05:16 PM PDT by ArrogantBustard
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To: KrisKrinkle
I'm checking on the states that have no CCW laws and right now the folks of Nebraska are screwed because they don't have a Second Amendment. Illinois is worst because their's states "Subject to the police power, etc.

However, Kansas has one that reads:
Bear arms; armies. 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 tolerated, and the military shall be in strict subordination to the civil power.
Someone in Kansas can do the same thing that the people in Ohio did.

Still checking on the rest.

33 posted on 04/10/2002 1:22:25 PM PDT by Shooter 2.5
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To: KrisKrinkle
Missouri, you're screwed:
Section 23. That the right of every citizen to keep and bear arms in defense of his home, person and property, or when lawfully summoned in aid of the civil power, shall not be questioned; but this shall not justify the wearing of concealed weapons.
34 posted on 04/10/2002 1:28:01 PM PDT by Shooter 2.5
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To: Shooter 2.5
In order to get your second Amendment rights, you're first going to have to destroy the anti-gun democratic party.

Literally, or so it seems. The solution to all this anti-RKBA nonsense in the various anti-gun locales is to force (if possible) a US SC case in which the damn court incorporates the 2nd under the 14th. Other than that, the corruption in most of the federal appeals courts will remain for the next several decades, unless the demonRAT party is destroyed politically. Not much chance of that happening because there are too many of the vermin class on the take from the treasury. The corruption in the judiciary is legendary when it comes to the right to keep and bear. I've read the anti-gun decisions from the 9th Circus Court of Appeals over the last ten years, and its enough to make a grown man cry.

35 posted on 04/10/2002 2:18:27 PM PDT by 45Auto
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To: Lazamataz
Where and when? re post 27 Chicagofarmer
36 posted on 04/11/2002 7:30:51 AM PDT by CHICAGOFARMER
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To: Constitutional Patriot
Thats why its a blue may-issue ccw state. And we all know that these may-issue states are really no-issue states. Its like saying you have the right to express your beliefs, but when you do, you are called a racist or a hate-monger.

There are only 33 states that are shall-issue. The goal is to turn the whole map into a red zone. But barring that goal, it would be great if all of the white zones are turned to something else first.

If the gun-grabbers can have incrementalism, the gun owners can too.

37 posted on 04/11/2002 9:52:10 AM PDT by Frohickey
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To: ArrogantBustard, CHICAGOFARMER
No. The map is NOT my creation. The makers of the map is the group Americans for Tax Reform. I got the map from their website (www.atr.org/maps/).

In their map section, they have the famous red/blue bush/gore map as well as others.

38 posted on 04/11/2002 9:55:45 AM PDT by Frohickey
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To: Shooter 2.5
A good map to make would be the total of state/municipality expenditures for law enforcement. See how much each state spends on law enforcment, and overlaw that with the Shall-Issue CCW states. I would bet that the shall-issue states spend less per capita, and the may-issue states, more.
39 posted on 04/11/2002 9:59:22 AM PDT by Frohickey
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To: Frohickey
Thanks. I'll send the correction to them.
40 posted on 04/11/2002 10:00:37 AM PDT by ArrogantBustard
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