Rocky Road for Ohio CCW

[telewinz]

April 12, 2004 03:50 PM US Eastern Timezone

Ohio Coalition Against Gun Violence Files Complaint with the Ohio Supreme Court to Stop Concealed Weapon Permits

COLUMBUS, Ohio--(BUSINESS WIRE)--April 12, 2004--
Complaint Alleges Statute Unconstitutional and Public Safety Provisions Not Enforced

The Ohio Coalition Against Gun Violence filed a complaint on Friday, April 9, 2004, asking the Ohio Supreme Court to order local sheriffs to cease issuing carrying concealed weapons (CCW) permits. The Ohio Coalition complaint listed numerous problems with the new CCW law including inadequate procedures, funds and resources to properly enforce safety provisions in the CCW law, all of which make the statute unconstitutional, according to the Coalition.

"The carrying concealed weapons law is not being implemented with the public safety provisions mandated in the legislation," says Toby Hoover, executive director of the Ohio Coalition Against Gun Violence. "If we can't implement and enforce important safety provisions such as conducting thorough mental capacity checks, and keeping concealed weapons out of the hands of those with mental illness, Ohio should stop issuing CCW permits immediately."

According to the Coalition, Ohio's CCW law does not provide adequate resources for proper screening or record checks on applicants with a history of mental illness. The law also does not adequately fund sheriffs to pay for the actual costs to process carrying concealed weapons applications. Such gaping holes in the implementation of Ohio's concealed weapons law puts Ohio's families and communities at greater risk of gun violence and guns getting into the wrong hands.

The Ohio Coalition is educating local businesses and organizations about their right to prohibit concealed weapons being carried inside businesses and onto private property by posting signs and declaring areas "weapons free zones." Additionally, the new law leaves business owners vulnerable and may remove the ability of your own community to keep concealed weapons out of places such as public parks

 

[Jim March]

Ah. I see.

This, ladies and germs, is what's known politically as a "hail mary pass".



'Taint gonna work.

 

[Hal]

Toby Hoover picks her nose and eats it.

 

[SRN]

Unfortunately, we can't just dismiss the threat of this suit. This is the same Ohio Supreme Court that reversed the trial judgew and the appeals pannel in declaring that laws against concealed carry were constitutional even though bearing arms was a "fundamental right".

The Ohio Supreme Court is elected and this has always made them a political court. They often seem to make up their minds based on the outcome they want and then twist the law to fit that outcome.

 

[El Tejon]

If background checks are so ineffectual, then when do the very same people insist on them for sales from FFL holders or non-holders?

 

[flatrock]

A person who is barred from having a concealed carry permit under Ohio law also appears to be barred from purchasing a gun under Federal law.

What makes her think that a person who is mentally defective (as specified in the law) and is intent on carrying a concealed weapon, will refrain from doing so just because they are refused a permit.

To be banned under Ohio law they pretty much have to have been committed to a mental hospital or ruled mentally incompetent by the courts. I'm pretty sure such a person is already banned from possessing a firearm. How can it be a critical failure if aledgedly a small protion of those declared mentally incompetent are able to receive CCW permits through lying on their applications. If they are determined to carry a firearm concealed, why do these idiots think the lack of a permit will disuade them.

It's been illegal for criminals to carry concealed guns in Ohio for a very long time, yet criminals have still been carrying them and committing crimes with them.

Concealed Carry laws don't have much direct effect upon criminals. They simply allow law abiding citizens to carry guns. The criminals carry them regardless of the laws.

She complains about the training requirements being too lax, yet there are many examples of States that have no training requirements, and haven't had a problem. How can the the training requirements be unconstitutional just because they don't specify minute details. No one's rights are being infringed upon through the lack of specifications.

She complains about allowing the NRA to approve courses, yet the Ohio Police Officer Training Commision can also approve courses, and even classes approved by colleges and firearms training schools in other states are accepted. Therefore no one is force to take a class associated with the NRA, if they don't want to. The law simply recognizes NRA instructors as an acceptable source of training.

The B. S. about the fees not fully funding the law also irritates me. How many laws would be left on the books if we threw out all of them who's implementation aren't completely funded within the scope of the legislation in which they were passed? Why does an applicant have to pay for the license at all? The background checks aren't being done for their benefit. They're supposedly being done for the good of the public in general. CCW applicants shouldn't be shouldered with the development of a system for law enforcment to get their records in order. That's an unreasonable burden upon the constitutional right to keep and bear arms.

Are we going to have to apply for permits to exercise our right to free speach? After all, there are people who misuse their right to free speach on a daily basis, and do consideralbe harm while doing so. Should you be required to have a permit to speak publicly on an issue? How about one before you're allowed to post on message boards like this one?

Ok, I'm getting off track and just ranting now. If the Supreme Court of Ohio doesn't quickly and forcefully dismis this, it will be a sad day for the individual rights of those of us that live here.

 

[Standing Wolf]

You can always count on the leftist extremists to do everything possible to prevent commoners from defending our lives and property. That's one of the many reasons I refer to them as parasites.

 

[Kurt S.]

As English Bob says in The Unforgiven, " I certainly don't wish to give offense, but..." it kind of looks to me that y'all Ohioans need to start over with that CCW law you've got up there anyway. No reciprocity or recognition of other states, and that vehicle transport business is a joke.

Check out http://www.packing.org for folks who don't know what I'm talking about. Site's down for maintenance right now but there's also some other silliness embedded in the Ohio law that you can read about.

 

[Standing Wolf]

...it kind of looks to me that y'all Ohioans need to start over with that CCW law you've got up there anyway.

Ohio's CCW and shall issue laws aren't the best in the nation, but I have a hunch improvements are going to have to wait until Ohioans get rid of their governor, who believes cops are authorized to define commoners' civil rights.

Cops in both Ohio and Missouri have thrown up massive roadblocks—no pun intended, to be sure—to the right to keep and bear arms.

 

[Kurt S.]

Ohioans

As I said, no offense meant; I don't want to disparage the efforts made by fellow shooters trying to get shall-issue CCW passed in Ohio. That story has been been told on many gun boards, and everybody who believes in self-defense choices owes them a debt of gratitude.

improvements are going to have to wait until Ohioans get rid of their governor

Texas had to get rid of a governor to get CCW passed, so I sure heard that.

 

[Black92LX]

improvements are going to have to wait until Ohioans get rid of their governor

well taft can't run again in november so hopefully whoever runs next is better and not worse!

 

[BowStreetRunner]

it would be hard to get worse

once the law is in effect for a few years the antis will not have enough energy to fight as hard against something that doesnt hurt anyone......hopefully the pro carry guys can keep on the pressure and make legislative improvements

BSR

 

[flatrock]

No reciprocity or recognition of other states, and that vehicle transport business is a joke.

Well the Attorney General has the ability to make reprocity agreements with other States. Hopefully he'll do that rather than just sitting on his hands.

The vehicle transport business isn't a joke, its an insult. It's an insult that the voters in Ohio shouldn't ignore. That part of the law is unreasonably restrictive, unconstitutionally vague, and provides for felony penalties for violating unclear and unreasonable aspects of the law.

No offense taken for you're pointing out the obvious. Ohio's CCW law is merely a starting point. Even the bill's sponsors said that when it passed. At least it's a start.