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.
WFTR
Bill
A pro-constitutional decision by the state supreme court would be an even bigger setback for anti-Americans than this decision, since other state supreme courts and the U.S. Supreme Court would undoubtedly take notice and would likely agree with the decision if there's a strong majority.
I'll be watching this.
Imal
But... but... it would be illegal for a criminal to carry a concealed weapon! (please tell me I don't need a sarcasm tag for this one)
We are hopeful and confident that the Ohio Supreme Court will undo this judicial aberration, and will expeditiously reverse this decision."
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.
The wing nut Brady idiots don’t have a prayer in the Ohio Supreme Court, this is a rock solid decision
Go Brady Go . Once you loose in the OSC, Concealed Carry will be legal in the whole state. And we can fight tooth and nail to kill any and all attempts to reinstate gun control in the Great State of Ohio.
Full text of the Courts decision Here
http://www.hamilton-co.org/appealscourt/Decisions/c-020012.doc
What tool? Prohibiting constitutionally guaranteed right is a law enforcement tool? What is happening to the law enforcement of this country when it considers preventing that which is specifically allowed by the CONSTITUTION a law enforcement tool? Have we become what we vanquished, Hitler, Japan, the Soviets?
It is pathetic they would even say that. I fear for the attitude of the cops as being so against the rights owned by the citizens. That is elitism by the government employees and it is frightening they would even take that attitude. Very dangerous.
I read every beautiful word of it yesterday. I think the three judges who wrote it must be GOA members.
As she takes her last breath, will she be glad she didn't die from "gun violence?"
(Are the Kopechnes grateful that at least their daughter Mary Jo didn't die from "gun violence?")
Could be, but not necessary. All that is required of any judge in a gun rights case is to be honest about the Constitution (US or Ohio) the words are plain. What more is necessary? Like it says in their decision “We consider our selves of average intelligence”. Any person of average intelligence should be able to read the Ohio constitution and read the gun control law and see that they are not compatible.
But the Bradites are not honest and simply wish to force their view point upon the people of this country in spite of our constitution and the natural rights of a free people.
It is an excellent and lucid comentary on the arbitrary condition of just about every restrictive CCW statute in other states.
It's a good read!
This phrase offends me.
I can see no other conditions for a CCW than the equal burden of proper training and absence of a criminal or mental record.
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