Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

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
Navigation: use the links below to view more comments.
first previous 1-2021-4041-42 last
To: Frohickey
That should be a slam dunk. It's already been reported that the blue zone has 13 times more murders than the red zone. Sadly, I don't have the reference but it was on FR a couple of months after the election. I think it was a county to county comparison.
41 posted on 04/11/2002 11:36:21 AM PDT by Shooter 2.5
[ Post Reply | Private Reply | To 39 | View Replies]

To: Johnny Gage
Pro 2A....hmmm = PTA

Do you suppose that's a copyright issuse?

42 posted on 04/11/2002 11:44:35 AM PDT by GlesenerL
[ Post Reply | Private Reply | To 5 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-42 last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson