Second Amendment Foundation Hails Ohio Court Ruling That Gun Law Unconstitutional

4/10/2002

From: Dave LaCourse or Dave Workman, 425-454-7012 both of the Second Amendment Foundation

BELLEVUE, Wash., April 10 -- Wednesday's unanimous ruling by a three-judge panel of Ohio First District Court of Appeals that the state's law against carrying concealed handguns is unconstitutional is "a total vindication of our position," said Dave LaCourse, public affairs director for the Second Amendment Foundation (SAF), a plaintiff in the case.

The Appeals panel refused to grant a stay in the case, pending an almost-certain appeal to the Ohio Supreme Court. Said the Court: "...the General Assembly has been on notice of the problems with this statute for more than a year. We will not continue to allow the enforcement of an unconstitutional statute."

"The ruling puts pressure on the legislature to resolve this issue," LaCourse stated. "Lawmakers have known for a long time there was a problem with the law, but it took a legal challenge by gun owners to put this issue in focus. We're delighted the Appeals Court unanimously agreed with our argument that this law, which has penalized honest Ohio gun owners for generations, violates the State Constitution."

Defendants in the case, including Hamilton County, Cincinnati and the State of Ohio, had argued that government has the right to regulate the manner in which weapons are carried. That argument had been rejected Jan. 10 by Hamilton County Common Pleas Judge Robert Ruehlman, who said the ban could not be enforced in that county.

The ruling, written by Presiding Judge Mark P. Painter, declared R.C. 2923.12, and R.C. 2923.16(B) and (C) unconstitutional under the Ohio Constitution, which affirms the citizen's the right to possess and to bear arms. It marked the latest victory in a case filed against enforcement of the decades-old ban on concealed carry, and a prohibition on the transport of loaded firearms in a motor vehicle. Under the statute, citizens have had to first be arrested and then defend themselves in court by providing an "affirmative defense" to prove their innocence.

"Guns or no guns," wrote Judge Painter, "we know of no other situation where a citizen is guilty until proven innocent."

In addition to SAF, plaintiffs in the case include Pat Feely, who was previously arrested and tried under the gun carry ban scheme, plus James Cohen, Vernon Ferrier, Leanne Driscoll and private investigator Chuck Klein. They were joined by Ohioans for Concealed Carry and the People's Rights Organization.

The Court's 3-0 ruling also deals severe blows to gun control advocates who have long argued that firearms rights are no longer necessary, and that only the police and military should have guns. The Ohio law had allowed only law enforcement officers to carry concealed weapons.

"We are not a country were power is maintained by people with guns over people without guns," Judge Painter eloquently wrote.

LaCourse was in court to hear the decision. He noted, "While this ruling still applies only to enforcement of the law in Hamilton County, judges everywhere else around the state will be looking at this and reviewing their cases."

The Second Amendment Foundation is the nation's oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 600,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control. SAF has previously funded successful firearms-related suits against the cities of Los Angeles; New Haven, CT; and San Francisco on behalf of American gun owners. Current projects include several concealed carry lawsuits, a lawsuit against the cities suing gun makers & an amicus brief & fund for the Emerson case holding the Second Amendment as an individual right. Visit our website for more information at http://www.saf.org/Ohio.htm