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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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I may have formatted this badly because I am rushed.
1 posted on 04/10/2002 8:44:12 AM PDT by KrisKrinkle
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To: bang_list
To bang_list
2 posted on 04/10/2002 8:45:06 AM PDT by KrisKrinkle
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To: KrisKrinkle
Fabulous news. Praise the Lord and pass the ammunition.
3 posted on 04/10/2002 8:50:07 AM PDT by katana
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To: katana
Big 'ol TRT BUMP
4 posted on 04/10/2002 8:54:40 AM PDT by Goldi-Lox
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To: KrisKrinkle
Great news! Congratulations Ohio.

Now please send some of your folks here to Minnesota. We are soooo close to getting a "shall issue" here.
Hopefully after the elections this year, there will be enough Pro-2A folks voted in that we can get it done.

Congrats again, great job!

5 posted on 04/10/2002 9:07:33 AM PDT by Johnny Gage
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To: 45Auto
Hope looms in the East.

Regards, Buck.

6 posted on 04/10/2002 9:09:49 AM PDT by elbucko
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To: KrisKrinkle
Oh, oh! Now watch the murder rate soar in Ohio. (/sarcasm).
7 posted on 04/10/2002 9:13:18 AM PDT by Don Carlos
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To: KrisKrinkle
Not as broad a ruling as the article implies.

In Ohio it was always a defense to a CCW charge that you could have one IF you met certain criteria. Unfortunately you were forced into "proving" that you met the certain criteria AFTER you were charged with a CCW felony.

This case was about an attempt to say that even that certain criteria didn't apply and couldn't be used as a defense - even though it is in the statute. (this theory was a geographically localized opinion of a local authority).

Don't count your chickens too early.

It is still against the law in Ohio to CCW unless you fall into one of the specific criteria areas (if you don't have a CCW permit).....and then you can only use the law as a defense AFTER you have been charged with CCW.

This is NOT an unlimited right for CCW, nor does it change Ohio CCW permit law.

Spiral
(I try to follow this issue in a number of states...and overhype by CCW supporters often distorts the true nature of what each state allows)
8 posted on 04/10/2002 9:13:40 AM PDT by Spiral
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To: KrisKrinkle
Bump for CCW! Its time for Ohio to join the 33 Shall-Issue CCW states!

There are still 11 May-Issue states, and 6 No-Issue states (+ Wash.DC). Wisconsin was close to having it passed until the state senators played their procedural games to have the voted blocked. Colorado is close too, but its not a done deal. You Wisconsinites and Coloradoans better be hopping mad and get those anti-self-defense poli-critters be afraid of losing their jobs!!!


9 posted on 04/10/2002 9:19:49 AM PDT by Frohickey
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To: KrisKrinkle;DeadeyeDivision
By appealing this case to Ohio's top court the defendants risk a statewide loss.

Let's hope.

10 posted on 04/10/2002 9:22:46 AM PDT by MissTargets
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To: KrisKrinkle
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11 posted on 04/10/2002 9:32:14 AM PDT by Dick Bachert
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To: KrisKrinkle
Wonderful news!
12 posted on 04/10/2002 9:39:09 AM PDT by Tauzero
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To: KrisKrinkle
How many citizens will have their convictions overturned due to this ruling (or should I say when the Ohio SC rules against the law)?
13 posted on 04/10/2002 9:40:02 AM PDT by TheErnFormerlyKnownAsBig
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To: Frohickey
I know your map has it in the microprint, but allow me to clarify:

Vermont is NOT a "shall-issue" state!

No permit is required for the law-abiding non-felonious citizens.

14 posted on 04/10/2002 9:54:35 AM PDT by Redbob
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To: Frohickey
The map showing "shall issue" states and indicating that Kalifornia is a "carry limited by local discretion" state is misleading, I think, because the effect is that so few, in fact, permitted carry.

Perhaps someone who has the date might provide a map indicating percentages. I would be surprised if the numbers in Kalifornia are even 1% of the numbers in a "shall issue" state, making Kalifornia effectively a "no issue" state.

15 posted on 04/10/2002 9:55:11 AM PDT by William Tell
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To: Spiral
The General Assembly has enacted laws dealing with concealed weapons. The issue today is R.C. 2923.12. It bans carrying concealed weapons, but seeks to establish certain limited affirmative defenses to the ban. R.C. 2923.12 is unconstitutional under the Ohio Constitution (and arguably under the United States Constitution, but we do not reach the issue of whether it violates the Second Amendment). Similarly, R.C. 2923.16(B) and (C) ban the transportation of loaded firearms in a motor vehicle. But that prohibition is also subject to the limited and unconstitutionally vague affirmative defenses of R.C. 2923.12. Those statutes are unconstitutional also

Hey Kris. Seems pretty clear to me. The law outlawing CCW is ruled unconstitutional. What am I missing?

16 posted on 04/10/2002 10:11:53 AM PDT by not too stupid
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To: Spiral
Sorry Spiral. That should be Hey Spiral instead of Hey Kris
17 posted on 04/10/2002 10:13:41 AM PDT by not too stupid
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To: Frohickey
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.

Semper Fi.

Gerat job chicagofarmer

18 posted on 04/10/2002 10:34:50 AM PDT by CHICAGOFARMER
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To: Dick Bachert
Mrs Ruth Price DIED HARD. NO ONE SHOULD EVER HAVE TO GO WITHOUT A FIGHTING CHANCE.

Other women who know how Mrs. Price was lied too by the government false statements that 911 will protect you.

* Women who defend their sons daughters and husbands *

http://www.sas-aim.org/home.htm

Bad guys don't live by the rules. Here is Mrs. Ruth Price story and I would think that you would agree she disagrees with this leftist extremist, anti-gun views. Here is Mrs. Price story. Another disarmed voice.

Mrs. Price speaks directly to the gun control extremists with a powerful message. Requires Audio setup, downloads in 30 seconds, however, well worth your wait for this message.

Mrs. Price story

If you have trouble with this load, cut and paste to URL line.

http://www.geekswithguns.com/audio/911_call_no_address.ram

Next Picture from Mother's of the past, speaking to soccer moms of today.

First Million Mom March

Have we forgotten already.

Women's talk about self defense.

From a woman's point of view

The best news link on the planet for self defense.

www.keepandbeararms.com

xxxxxxxxxxxxxxxxxxxxxxxxxx

Who needs protection? The women of our lives, and our children, the poor who have little police protection, our grandparents, and parents, our wife, and our daughters need the right to self-defense at home and on the street. 2.2 million felons in jail, 3.5 million felons on probation, and 14 million drug abusers looking for their next fix. Do you think they are living in your city? Guns save lives. Gun free zones are killing zones for criminals. Most anti gun liberals are one mugging away from conservative views.

Dail 911 and die is more than a cute saying. It is life or death.

The actual 911 call is Mrs Price voice. Take this recording to every MMM and anti gun rally in the nation. Perhaps the MMM anti guns will be the next Mrs Price.

Another Mrs Price story in Columbus OHIO -- Dialed 911 and Died.

Mrs. Turner's story. Restraining orders, Killer telling police he was going to kill her, begging for life for several minutes, nor did phone call to 911 save this woman's life.

Mrs. Turner's story

http://www.freerepublic.com/forum/a3b28997102ad.htm

What is your self defense plan when the bad guy shows up at your door?

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

19 posted on 04/10/2002 10:36:05 AM PDT by CHICAGOFARMER
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To: Spiral
The Ohio Constitution states that I have a right to protect myself...not that I have a right to get body cavity searched to prove im worthy to carry... This pleases me, but Im greedy and I want Vermonts CCW law or lack of it.
20 posted on 04/10/2002 10:43:33 AM PDT by smith288
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