Judges uphold right to carry hidden guns {CINCINNATI}

http://www.cincypost.com/ ^ | April 10 2002 | By Kimball Perry, Post staff reporter

[ATOMIC_PUNK]

Judges uphold right to carry hidden guns

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By Kimball Perry, Post staff reporter

Ohio's century-old ban against carrying concealed weapons violates the state and U.S. constitutions, a three-judge panel of the Cincinnati-based Ohio 1st District Court of Appeals ruled today.

Their ruling means law-abiding Hamilton Countians can legally carry concealed weapons - at least until today's decision is appealed to the Ohio Supreme Court.

''There is no doubt that the . . . Consti tution grants citizens the right to bear arms,'' Appeals Court Judge Mark Painter said today in upholding a ruling earlier this year by a Hamilton County judge. ''They put the citizens' rights right up there and we believe they meant what they said.''

''The court can only deal with what we have before us which is an unconstitutional law.''

Today's ruling may not take effect for some time because of appeals.

''We will be immediately asking for a stay and will file (an appeal) as soon as we possibly can,'' said Joe Case, spokesman for the Ohio Attorney Generals' office, said minutes after today's ruling was announced.

They are joined in that appeal by Hamilton County and the city of Cincinnati, which believe the current law is legal.

That was expected by Chuck Klein, the private investigator who was the lead plaintiff in a suit challenging the legality of the law.

''We've still got probably the (Ohio) Supreme Court to go to but we're prepared for that. It's what we asked for all along,'' he said.

Klein and others sued, saying the law was opposed to the constitutional right to bear arms.

In January, Hamilton County Common Pleas Court Judge Robert Ruehlman agreed and ruled the law unconstitutional. Today's ruling resulted from an appeal of Ruehlman's decision.

Ohio's law requires someone to prove they need to carry a concealed weapon for their personal safety or business reasons. Called an ''affirmative defense,'' the person has to be arrested, jailed and then prove in court the weapon is needed.

That's exactly what Pat Feely did.

Feely drove a catering canteen truck that provided food at construction sites. He carried a gun because he had large amounts of cash on him.

When he was arrested, he declined an offer from prosecutors to pay a $100 fine and hand over his gun. Instead, he challenged the law, went to court and won, providing the ammunition Klein and the others needed to file their suit.

''Think about the courage of Pat Feely,'' Bill Gustavson, Klein's attorney, said today. ''He said, 'No, that's not right.' He had the courage to risk everything.''

Gustavson believes the earlier decision by Ruehlman and today's ruling by the appeals court will withstand further challenges.

''This isn't the decision of one judge,'' he said. ''This is a rational review of a statute that has been in effect for 100 years.''

While today's ruling applies specifically to Hamilton County, Gustavson believes it quickly will spread.

''I expect to see this issue pop up all over the state now,'' he said.

''There is no mystery in this. It's clear the law is unconstitutional.''

[ATOMIC_PUNK]

Judges uphold right to carry hidden guns

Could this title be any more liberal whiney

[ATOMIC_PUNK]

LOOK HERE THEY LINKED THE ARTICLE BELOW TO AN ARTICLE ON THE RIOTS IN CINCINNATI TELL ME THESE PAPERS IN CINCY ARENT LIBERALS

L O C A L   N E W S
Weapons ban unconstitutional
People may carry concealed weapons in the county that includes Cincinnati, a state appeals court ruled Wednesday in a lawsuit challenging Ohio's ban on carrying hidden weapons

FROM OUR LOCAL PAPERS
This paper does everything it can to promote the violence and boycott in cincy they have proved it over and over again !

[RLK]

Give those judges a cigar!

[ATOMIC_PUNK]

Heck yes they deserve one and a good pat on the back for upholding the CONSTITUTION

[The Other Harry]

If anyone can either point me to or publish the entire text of that decision, I'll owe ya one...

[B4Ranch]

I find it absolutely amazing that all of a sudden judges seem to recall that America has a Constitution! What provoked this thinking among them?

[AMDG&BVMH]

Thanks for the post. I hope people who feel they should be able to defend themselves DO carry while it is legal, as the radio said police in Hamilton Co. will not issue "tickets" for concealed carry unless/until there is an injunction by the Ohio Supreme Court. Which I hope there isn't . . . Many thanks to the courageous and persistent folks who brought the case to this level, and are determined to see it through. After all, re the knifing victim a couple weeks ago, women are dying for fear of defending themselves because of the convoluted state of the law . . .

[Estra Jean]

The riots in Cincinnati did not spread across the river to Northern KY where there is a concealed carry law.

[PatrioticAmerican]

This ruling is very surprising, given the liberal climate in America, today.

[ATOMIC_PUNK]

True but cincinnati is very conservative as a collective of people thats why were being hit with all this boycott crap and other issues we may not be the MOST conservative town in ohio but we are very conservative BUT one thing i cant understand is WHY the powers that be in the media cowtaw to this liberal medias that we have here but given mayor LUKENS stance on things i see theres not much backbone in city council at least not enough to go up against the papers and the newscasters and MAKE SURE they tell the whole truth and not just half of it [JMHO] by the way i live here

[Risky Schemer]

I find it absolutely amazing that all of a sudden judges seem to recall that America has a Constitution! What provoked this thinking among them?

I don't know but it may result in a fecundation of fantods among the liberal left.

[TonyInOhio]

If anyone can either point me to or publish the entire text of that decision, I'll owe ya one...

Click HERE and ye shall find what ye seek. Enjoy it - I did!

Tony

[goldstategop]

Pat Feely shows that in America if you take a risk and stand up and challenge the status quo, you can beat a corrupt system. How many people bothered to that? Its just too bad Cincinnati and the Ohio State Attorney General's Office think their main chore in life is going after law abiding gun owners. I wouldn't be surprised if the Ohio Supreme Court cold b*tch slapped them down. What is about an UNCONSTITUTIONAL law our public officials don't understand? The truth is change will come and in the end the people of Ohio will win their inalienable RKBA even though Cincinnati and the Ohio Attorney Gen. will have wasted taxpayers' funds trying to deny reality. Yes, Pat Feely the system can be beaten and you showed us all how.

[PackerBoy]

Actually, this ruling was based upon the OHIO Constitution, and the right to bear arms is set forth in the Constitution itself (and not some "Bill of Rights" afterthought). This provision also lacks the federal "well regulated militia" language that many courts find so troubling.

Great day in the Buckeye State, and me with a new .357 on the way! Road trip to Cincy coming up!

[dodger]

Good thing it is ... what with the Cincinnati Police emasculated of late and violent crime rising exponentially!

[Crawdad]

Stand back and watch the crime rate plummet.

[68-69TonkinGulfYachtClub]

Time for America to do away with ALL laws that violate the 2nd amendment.

Text of the Second Amendment
"A well regulated Militia
being necessary to the security of a free State,
the right of the people to keep and bear Arms shall not be infringed."
Anyone who actually reads AND understands the 2nd Amendment
will see that there is no constitutional authority for any type of gun registration
and *there is no need for anyone to have to apply for a license to carry a gun.
*NOTE Vermont is the only state that understands this!
Any political party, politician, judge (etc), organization or individual who trys to convince you that:
1) you must register a firearm
2) you must pass a background check
3) you must wait (x) amount of days before you can get your firearm
4) you need to have a license to carry a gun
is either uneducated about OUR rights as citizens
OR is actively working to undermine OUR country.

How Did the Founders Understand the Second Amendment?

How the Brady Bill Passed (and subsequently - "Instant Check")
When the Brady Bill was passed into law on November 24, 1993,
the Senate voted on the Conference Report
and passed the Brady Bill by UNANIMOUS CONSENT.

NOT ONE SENATOR FROM EITHER PARTY VOTED AGAINST THIS

[68-69TonkinGulfYachtClub]

"I find it absolutely amazing that all of a sudden judges seem to recall that America has a Constitution!
What provoked this thinking among them?"

The events of 9/11 hopefully.

[supercat]

This provision also lacks the federal "well regulated militia" language that many courts find so troubling.

Ironic the trouble people have with that language, given that it serves to make abundantly clear that the Second Amendment isn't about "hunting or sporting purposes".

[dbwz]

Pat Feely shows that in America if you take a risk and stand up and challenge the status quo, you can beat a corrupt system.

Bravo for Pat! More citizens need the resources to challenge these unconstitutional laws in court, and pro-gun rights organizations should concentrate efforts on helping the average Joe or Jane with the costs of bringing lawsuits. That's where we're going to have to fight it, in the courts, so it appears.