Ohio Concealed Weapons Ban Unconstitutional

Hamilton County Court of Appeals ^ | 4/10/02 | Hamilton Cty. Ct. of Appeals

[Kaisersrsic]

The Ohio Court of Appeals has affirmed the decision in Klein v. Simon -- finding that Ohio's ban on concealed carry violates the Ohio Constitution.

http://www.hamilton-co.org/appealscourt/Decisions/c-020012.doc

[steve50]

I read on another thread we(Buckeye here) are still required to jump thru hoops for our CCW.....but we are allowed to carry in plain sight now? At least until the legislature screws us again?

[goldstategop]

How can a state appeals court ruling concerning a state law be binding in only one county? What you say doesn't make sense. Doesn't an appeals court speak for the status of law in the ENTIRE state?

[Redcloak]

Ohio is now an "open carry" state.

This is true since the court lifted its stay.

I urge all Ohioans to now carry a concealed weapon. Do so whether you feel the "need" to or not. This next part is important: Keep a diary of your activities. Entries in your log should be along the lines of "Carried a concealed weapon today; did not shoot anyone." There will come a time when the antis will allege that concealed carry will cause blood to run in the streets. You have the chance now to document a period in Ohio's history when no concealed carry law existed, yet no such carnage occured. Ohio could still get stuck with a concealed carry law in the future. By carrying concealed now and documenting the lack of violence, you will help the legislators who will argue against restictive language in any such future statute.

The best case scenario is that the General Assembly leaves the issue alone; a Vermont-style law. By documenting a high rate of concealed carry without a corresponding increase in violence, "shall issue" could be the "worst case" scenario. Failing to document a lack of violence during this period could get you stuck with a California style discretionary system. (If you're not a movie star or a big donor, you can forget the permit!)

START PACKIN' NOW!!

[goldstategop]

Yes, I think so. I think people can even carry outside Hamilton County. Let the cops seriously attempt to enforce an UNCONSTITUTONAL law. And why would the sight of law abiding armed citizens disturb rank and file cops? I betcha most will soon get used to their presence. Ohio will be a lot safer now that criminals know they don't have a defenseless sheeple to plunder any more.

[madison46]

FINALLY ! A state upholding its OWN Constitution. They are some of the worst at ignoring them.

[oldcomputerguy]

I think you are confusing Federal court districts vs a state appeals court. I assume this means that concealed carry cannot be prosecuted under the discarded law while open carry is still prohibited under a previous law they seemed to refer to in their decision. And it is state wide.

I imagine the outcome will be a shall issue law assuming the Supreme Court hears it and goes along. Seeing as how the appeals court effectively *itch slapped the city of Cincinnati, I would be surprised if the Supreme court reversed it.

[splach78]

Praise the Lord and pass the ammunition!

[good_ash]

Do you live in hamilton county? Are you involved in the suit? Before you start advising people to break an (albeit unconstitutional) law, make sure you have the right information:

http://www.thefiringline.com/forums/showthread.php?s=aa25f0fad3543a75710b6ebd684019c1&threadid=108372 - some people on TFL are from ohio and have been following this very closely - this only affects hamilton county per their information.

[good_ash]

More info: http://enquirer.com/midday/midday1.html

Again, only hamilton county.

[4CJ]

Bump!

[good_ash]

Sorry, this is only hamilton county. To go state wide, either the state supreme court would need to affirm this on appeal, or lawsuits similar to the one that started this would need to be filed in each county/district.

[2Trievers]

Hooooaaaaaahhhhhhhhhhh hugs! Lowbie! Thanks &;-)

[Kaisersrsic]

Thanks for jumping on the stupid and dangerous (no-so-)legal advice coming from our freeper friends in California. It would be foolish for anyone to treat this court decision as having opened the flood gates for Ohio CCW (except in Hamilton, County). This is just a big step in the right direction. The unconstitutional statue will almost certainly be enforced in Ohio's eleven other appellate districts until either the Ohio Supreme Court steps in or the other courts of appeal agree with this one.

[Redcloak]

My bad. I thought that such a ruling would apply to the whole state. (The language of the opinion refers to citizens of Ohio, not just citizens of Hamilton County.)Never the less, those affected by the ruling should carry concealed and keep a log of their subsequent boring days.

[Shooter 2.5]

Congratulations and a job well done.

[Pontiac]

Thanks for the Bump this is the best written 2nd amendment decision I have ever read.

[Madame Dufarge]

Congratulations bump!

[hoosierham]

A hearty WELL DONE ! to the brave citizens who brought this suit and stuck with it.

I am going to be surprised if the RINO prosecutor , Mike Allen , and the other "Daddy knows best" types don't appeal to the Ohio Supreme Court. The last two governors basically lied about their support for CCW in order to get votes.Once elected, they fought CCW.

Here's hoping the Ohio Supreme Court affirms the District Court's ruling.

[Pontiac]

I am going to be surprised if the RINO prosecutor , Mike Allen , and the other "Daddy knows best" types don't appeal to the Ohio Supreme Court.

I hope they do appeal the ruling. The unimpeachable solid logic and as well written as this decision is the Supreme Court can’t help but uphold this ruling and we will have Concealed Carry in Ohio free of any requirement to get a permit.

[Leisler]

Bump!