Ohio Court Rules Concealed Weapons Ban Unconstitutional

Starfish

Mind fucked and broken
Joined
Feb 2, 2001
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Finally.


(AP) - An appeals court in Ohio upheld a lower court's ruling that the state's ban on carrying concealed weapons violates the state constitution. The 1st Ohio District Court of Appeals ruled Wednesday that the decades-old ban, which bars both carrying a concealed weapon and having a loaded weapon in a vehicle, infringes on the right to self-defense.

CINCINNATI - An appeals court in Ohio upheld a lower court's ruling that the state's ban on carrying concealed weapons violates the state constitution.


The 1st Ohio District Court of Appeals ruled Wednesday that the decades-old ban, which bars both carrying a concealed weapon and having a loaded weapon in a vehicle, infringes on the right to self-defense.

"I feel like a burden's been lifted off my shoulders," said Pat Feely, 31, a food delivery truck driver and one of five people who challenged the law.

Feely was arrested in 1999 because he kept a gun in his waistband while delivering pizzas.

The framers of the state constitution "put the citizens' rights up front," said Mark Painter, presiding judge of the appeals court. "We believe they meant what they said."

Lawyers for Cincinnati, Hamilton County and the state had argued that government has the right to regulate the manner in which weapons are carried. Ohio's attorney general asked the state Supreme Court for an immediate delay of the ruling to hear an appeal, said spokesman Joe Case.

The appeals court upheld Hamilton County Common Pleas Judge Robert Ruehlman's Jan. 10 ruling that the state ban was unenforceable in the county. The court also said the ban is confusing to citizens and police, making it likely that various agencies would enforce the law differently.

Ohio law allows only law enforcement officials and state and federal government officers to carry concealed weapons.

The plaintiffs, who include a private investigator, say their jobs take them into areas where they need self defense. Their attorneys also argued that conflicting enforcement by different police agencies makes it difficult for people to know how to exercise their constitutional right to self-defense.

They said Cincinnati police have arrested people for carrying concealed weapons, and city officers have testified they probably would arrest someone who tried to openly carry a weapon.

Meanwhile, an Ohio State Highway Patrol officer testified that the patrol has caught motorists carrying loaded guns and let them go.

Forty-three states allow concealed weapons in some form.



http://story.news.yahoo.com/news?tm...p/20020411/ap_on_re_us/ohio_concealed_weapons


I can finally carry my sword under my trench coat and not go to jail. :D
 
Well it is about time............................Glad to see this........:cool:
 
I am sick of being scared on the street. I really am. This will change all that.


It is unfair that good, hard working people have, for so long, had to fear for their safty, sometimes lives, just to go into certain areas. All cities have bad areas.

Now, we can protect ourselves.

Maybe it will make thugs think twice before they try and do something stupid.
 
I just wish the court had based their ruling on the Second Amendment - "...the right of the people to keep and bear arms shall not be infringed".
 
Thank gawd. The Stud can wear clothes in Ohio now. He'll be relieved.

It's Barren v. Biltmore (1833), Skibum, me darlin. Marshall ruled that the Bill of Rights only applied to the national government, not the states. Ohio can't base their ruling on the Second Amendment.

These days we have the 14th Amendment and the Incorporation Doctorine. That covers the First and all of it's hooraw, the Fourth, the Sixth, and the Ninth.

The Second, Third, Fifth, Seventh, Eighth, and Tenth Amendments are not applicable at the state level unless the states have incorporated them into their own Consititutions.

:)
 
Fuckin A Bubba.

A legally concealed weapons carrying society is a polite society.

Now maybe California will adopt a shall-issue concealed carry law.

*slipping into my patented Hell-freezes-over suit and waiting patiently*
 
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