Justices grill foe of Ohio gun law
04/16/03
T.C. Brown
Plain Dealer Bureau
Columbus - Ohio Supreme Court justices were armed with plenty of skepticism yesterday as they quizzed an attorney fighting a law that bans carrying concealed weapons.
Attorney Bill Gustavson presented a spirited defense of his position for more than a half hour, an unusual allowance by the court. Justices appeared to enjoy sparring with Gustavson, with many questions aimed at the heart of his arguments.
Gustavson, representing the national gun-rights group the Second Amendment Foundation, argued that state law violates the constitutional rights of Ohio citizens to bear arms for defense and security. Gun owners can't legally carry concealed weapons, he said, and they will be arrested if they carry firearms in plain view.
"I don't think you can believe there is anyplace in Ohio where you can carry an unconcealed weapon," Gustavson said.
"Where are they today?"
Justice Paul Pfeifer suggested that common sense plays a larger role than does fear of arrest.
"It's socially unacceptable today to walk down the street like some cowboy with pearl-handled six-shooters," Pfeifer said. "If they did, the cops would be called and told some nut is walking around."
Justice Evelyn Lundberg Stratton was skeptical that people are automatically arrested for carrying an exposed firearm.
"I know of many people carrying weapons in the open in Columbus, and I have never heard of one case of arrest," Stratton said. "Is there something different about Hamilton County and Cincinnati?"
The case came from the state's appeal of rulings by a Hamilton County Common Pleas judge and an appellate court that said Ohio's restrictive law on concealed weapons denies citizens the right to carry arms to protect themselves. The original lawsuit was filed by several gun organizations and individual citizens in Cincinnati.
Gustavson fended off remarks from Chief Justice Thomas Moyer, who said that even free speech has legal restrictions if it interferes with the rights of others.
Drawing a burst of laughter from the standing-room-only crowd, Gustavson said: "If I was standing here carrying a concealed firearm - and I'm not - whose rights would I be interfering with?"
Justice Maureen O'Connor asserted that the state has the right to control the possession of weapons.
"It is a legislative prerogative to allow the carrying of concealed weapons," O'Connor said, a theme echoed by solicitor Douglas Cole, who argued the appeal for the state.
"Their entire argument is that the right to carry concealed arms is a fundamental right. It is not," Cole said. "The state has an interest in the right of Ohio citizens to exist in a safe and orderly society."
The state Senate later this month will consider a House bill that would permit carrying a concealed weapon with a license. Gov. Bob Taft has said he would veto any such legislation that does not have the full backing of the law enforcement community.
After the hearing, Toby Hoover, executive director of the Ohio Coalition against Gun Violence, said she felt confident, based on the justices' questions, that the court would uphold the ban.
"Any increased access to guns will mean more deaths," Hoover said.
Doug Joseph, of the Gun Owners of America and Ohio Gun Rights Coalition, disagreed. He said Gustavson made his case and answered the justices' questions.
"Concealed carry is the only avenue people have to protect themselves and get a sense of security," Joseph said. "The court will have to realize we can't do it under open carry."
Ohio is one of six states that prohibit concealed weapons. The Supreme Court is expected to rule in the case by the fall.
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© 2003 The Plain Dealer.
