Aikibiker
Member
Another court just declared Ohio's anti-CCW laws unconstitutional.
Original story here
I hope this means that our friends in Oh are one step closer to getting their rights back.
Original story here
Concealed gun ban overturned by judge
Right to defend self cited in Seneca case
TIFFIN - A Seneca County judge ruled Ohio’s concealed-weapon ban unconstitutional yesterday, dismissing felony charges against a woman who said she hid a gun under her seat because she feared for her safety after being raped twice.
The judge said the concealed-weapon law infringes on citizens’ right to defend themselves.
"The statute deprives Ohio citizens of an effective means of self-defense," Judge Michael Kelbley of Seneca County Common Pleas Court wrote. "The Ohio Constitution affirms the right to self-defense, even by the use of arms."
Judge Kelbley’s ruling marks the second time in a little over a year that a county court has ruled against the concealed-weapon law. A Hamilton County Common Pleas judge declared the law unconstitutional in January, 2002.
That ruling was later upheld by the 1st District Court of Appeals. The state has appealed that decision to the Ohio Supreme Court, which has yet to rule.
Seneca County Prosecutor Ken Egbert, Jr., said he would appeal Judge Kelbley’s decision to the 3rd District Court of Appeals in Lima.
"We think the law’s constitutional," he said. "It’s been on the books ... for about 50 years now, and there’s never been a decision like this until the 1st District ruling."
As part of his ruling yesterday, Judge Kelbley dismissed an indictment against a Fostoria woman who was arrested in July during a traffic stop by the Ohio Highway Patrol. She was charged with carrying a concealed weapon, a fourth-degree felony that carries a maximum prison term of 18 months in prison.
The woman was a passenger in the car, which was stopped near Fostoria for speeding. During a search of the car, a trooper found a loaded 9mm semiautomatic handgun under the passenger seat.
The woman acknowledged the gun was hers and said in a written statement that she carried the weapon because she had been raped twice and feared for her safety. She asked the court in November to dismiss the case against her, arguing that the concealed weapon law was invalid.
The woman’s attorney, Mark Klepatz, said she was pleased with Judge Kelbley’s ruling.
"I called and told her about the decision, and she’s very happy about the decision," he said.
Mr. Klepatz said the decision was "what we were hoping for."
"I think it takes courage for a judge to see that a statute is unconstitutional, because essentially, you’re telling the legislature that you have to take a second look at what you did," he said.
In his decision, Judge Kelbley said the law violated Article 1, Section 4 of the Ohio Constitution, which states, "The people have the right to bear arms for their defense and security ..."
Ohio allows only law enforcement officials or officers of the state and federal government to carry concealed weapons.
The judge noted that the state’s law includes several "affirmative defenses" for people charged under the statute, including having "reasonable cause to fear a criminal attack." However, he said, those exceptions don’t shield citizens from arrest.
"An innocent person is subject, under the statute, to prosecution for a felony ... In other words, she is presumed guilty unless she can somehow prove herself innocent," Judge Kelbley wrote.
More than 40 states let citizens carry concealed weapons with a license or permit. Vermont allows it without a license or permit.
I hope this means that our friends in Oh are one step closer to getting their rights back.