Correction: "Court Decision Puts Our Socialist Agenda At Risk."
Posted on 04/11/2002 6:20:47 PM PDT by RogueIsland
Today, the Brady Center to Prevent Gun Violence sharply criticized the decision by Ohio's First District Court of Appeals in Klein v. Leis, a landmark challenge to the constitutionality of Ohio's law prohibiting the carrying of concealed weapons. The Appeals Court upheld a lower court ruling that forbids the enforcement in Cincinnati of Ohio's longstanding law generally banning the carrying of concealed weapons. With the ongoing assistance of the Brady Center's Legal Action Project, the office of the City Solicitor of Cincinnati will appeal the decision to the Ohio Supreme Court and seek to continue a stay of the original order.
"For over 100 years, Ohio law has prohibited the carrying of hidden handguns, unless an individual can prove a compelling need to carry a concealed weapon for valid self-defense purposes," said Dennis Henigan, Director of the Brady Center's Legal Action Project. "This panel's ruling runs counter to common sense and to the wishes of Ohio police and the Ohio legislature. This decision is bad law and bad policy. It not only places Cincinnati law enforcement at risk, it endangers the lives of ordinary citizens. Until now, Ohio courts have consistently recognized the right of the legislature to protect public safety by generally prohibiting the carrying of concealed weapons. We are hopeful and confident that the Ohio Supreme Court will undo this judicial aberration, and will expeditiously reverse this decision."
In the case of Klein v. Leis, four individuals, and three groups, including the conservative Second Amendment Foundation, filed a lawsuit against the Governor, Attorney General and State of Ohio, the City of Cincinnati, and over 50 chiefs of police, sheriffs, and local officials, seeking to bar enforcement of Ohio's concealed carry laws, and to declare those laws unconstitutional. In January 2002, a Hamilton County Judge sided with the plaintiffs, overturning Ohio's concealed-carry ban and prohibiting police from enforcing the ban. The judge's ruling was immediately appealed to the Appeals Court and a stay of the judge's order was granted.
No other U.S. state with significant metropolitan areas allows the unregulated carrying of concealed weapons. With the exception of Vermont, states with laws that enable law-abiding citizens to carry hidden weapons require individuals to first obtain a permit from law enforcement officials. As a result of this ruling, Cincinnati residents will not even need such authorization.
"Without restrictions on carrying concealed weapons, the hands of law enforcement would be tied when anyone allowed to possess a gun in Ohio carries that weapon anywhere - to church, to bars, to recreation centers, or to a baseball game," said Mr. Henigan. "Law enforcement organizations are generally opposed to the widespread carrying of concealed weapons. This ruling threatens to strip Ohio law enforcement of a critical enforcement tool."
The Brady Center's Legal Action Project, which works to defend and uphold reasonable federal, state and local gun laws and regulations, is serving as co-counsel for the City of Cincinnati with the City Solicitor.
Correction: "Court Decision Puts Our Socialist Agenda At Risk."
STATE ASKS SUPREME COURT FOR EMERGENCY STAY OF APPEALS COURT DECISION THAT WOULD OK CONCEALED WEAPONS.
The Ohio Supreme Court has been asked to put on hold an appeals court decision striking down a long-standing state law that prohibits the carrying of concealed weapons. But there was no word at deadline Thursday about whether justices would grant the request from Attorney General Betty Montgomery, Governor Bob Taft and other agencies. Ms. Montgomery is seeking an emergency stay pending the state's appeal of the ruling handed down Wednesday by the 1st District Court of Appeals in Cincinnati.
There was no indication when justices might act. Jay Wuebbold, court spokesman, said challengers of the law had ten days in which to respond to the state's motion, but that the court could act before a response was received.
The appeals court for Hamilton County declared that state laws prohibiting the carrying of concealed weapons, banning the discharge of a firearm in a motor vehicle, and the transportation of a loaded firearm in a motor vehicle were unconstitutional. The lower court blocked all law enforcement agencies from enforcing those laws in Hamilton County.
Attorney General Montgomery asked the court late Wednesday to impose an immediate stay and served notice of the state's intention to appeal. "The state appellants request emergency relief because the lower court's decision places law enforcement personnel at risk, and the citizens of Hamilton County, by allowing individuals to carry concealed firearms on their person, and loaded firearms in their motor vehicles without any knowledge regarding when or how a firearm can be used," the state's motion said.
"There is no right to carry concealed weapons in Ohio and this court has made that abundantly clear," the state's motion said. "In creating this new right, the court of appeals ignored this court's precedent, and every other lower court that has rejected the contention that there is a fundamental right to carry concealed firearms."
Since the appeals court decision is limited to Hamilton County, the state contends it creates separate standards by which law enforcement officials must operate. "This lack of uniformity in the application of a state law creates the risk of confusion of, and potential harm to, these law enforcement officers," the motion said.
Citing as precedents Supreme Court cases from 1920, 1976, and 1993, the Attorney General's motion said policy disagreements are insufficient for lower courts to overturn a statute. "The General Assembly is clearly authorized under its police powers to modestly regulate the manner in which people carry firearms in order to protect law enforcement personnel and citizens and to prevent crime," the motion said. "Ohio's concealed weapons ban makes sense. It is designed to protect citizens and law enforcement, and making it illegal for people to carry hidden weapons is an obvious means to that end."
In addition to Attorney General Montgomery, the request for a stay was requested on behalf of Mr. Taft, the State Highway Patrol, Ohio Department of Commerce, and the University of Cincinnati Police, among others.
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