[TheBluesMan]

http://www.onnnews.com/onnweb/fullst...p?record=16100

State Court Allows Concealed Carry In Hamilton County
by Tom Chansky, Ohio News Network
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April 10, 2002

A state appeals court is allowing the concealed carry of weapons in Hamilton County.

Wednesday, a three-judge panel of the Ohio First District Court of Appeals declared a state ban on carrying concealed weapons unconstitutional, including a ban on carrying loaded weapons in vehicles. The ruling upholds a decision by Cincinnati Judge Robert Ruehlman, which applies only in Hamilton County.

Presiding Judge Mark Painter says the right to bear weapons is addressed directly in the Ohio Constitution. Painter writes in the court’s decision that the framers of the Ohio Constitution did not need to add a separate bill of rights.

“They put the citizens’ rights right up front, in Article I. We believe they meant what they said. Concerning weapons, they did not add the “well-regulated militia” language of the Second Amendment, which has tended to create doubt about its proper interpretation,” Painter writes.

Painter also said the U.S. Constitution did not need to be addressed. The Ohio Constitution says the state cannot maintain a “standing army” in times of peace.

“We question whether the Second Amendment’s “militia” language, often cited for the proposition that only a militia may carry weapons, is any more restrictive than the “standing armies” language of the Ohio Constitution. Surely, no one would contend that a militia cannot bear arms. So why mention the citizens’ rights? We are not England, where hunting was once the preserve of the landed rich; we are America, where the Pilgrims shot their Thanksgiving turkeys,” Painter writes. “We are not a country where power is maintained by people with guns over people without guns. If times have changed, and weapons are no longer necessary to procure food or safety (a dubious proposition), the proper course is to amend the Ohio Constitution. This court can deal only with the law as written.”

“It bans carrying concealed weapons, but seeks to establish certain limited affirmative defenses to the ban. [The law] is unconstitutional under the Ohio Constitution,” Presiding Judge Mark Painter writes. “There is no doubt that the Ohio Constitution grants citizens the right to possess, and to bear, arms. That is exactly what it says…The problem with [the state law] is that it does not simply regulate, but effectively prohibits, law-abiding citizens from bearing weapons. Further, the affirmative defenses the statute seeks to create are incomprehensible to the ordinary citizen.”

The current lawsuit dates back to 2000, when a group of Hamilton County residents backed by Ohioans for Concealed Carry and the Washington-based Second Amendment Foundation sued every law enforcement organization within Hamilton County. One of the plaintiffs, a private investigator, says he needs to carry a concealed weapon to do his job. Under state law, only law enforcement officials or officers of the state and federal government may carry concealed weapons.

The law’s opponents say it is flawed because it does not provide equal protection for ordinary citizens. Additionally, they claim, police throughout the state do not uniformly enforce the law. Prosecutors say there is no constitutional right to carry a concealed weapon.

Last month, the Ohio House passed legislation that would allow concealed carry. Under the bill, applicants would have to pass a background check and complete a four-hour training course. The legislation must still pass in the Senate and be signed by Governor Bob Taft. Taft says he won’t approve any concealed carry legislation unless Ohio law enforcement groups approve the bill.

The Fraternal Order of Police, Ohio Highway Patrol and Ohio Association of Chiefs of Police oppose the legislation.

The legislation has eased some restrictions opposed by gun advocates. Rather than fingerprinting applicants, the legislation would require county sheriffs to fingerprint only if applicants fail a criminal background check. Unless the sheriff has evidence of criminal activity, the applicant can ask law enforcement to stop the check. Advocates for concealed carry felt the original language was still restrictive.

The state can now appeal Wednesday ruling to the Ohio Supreme Court.

Until and unless the OSC issues a stay of this court's findings, CCW for lawful purposes within Hamilton County, Ohio is effectively LEGAL (aka Vermont Style).

Methinks that the state legislature will be passing HB 274 right quick...