Ohio Gun Law Blocked By Restraining Order

CINCINNATI, OHIO (Tuesday, July 18, 2000) – Judge Robert Ruehlman
today issued a restraining order against enforcement of Ohio’s
law banning concealed carry of firearms as well as the law
banning loaded firearms in a motor vehicle. The order affects
the City of Cincinnati and Hamilton County. Backers of the legal
action are very pleased.

“These laws are in clear violation of both Ohio and U.S.
Constitutions and were ripe for challenges after the Pat Feely
decision,” proclaimed Alan Gottlieb, Founder of the Second
Amendment Foundation (SAF). “We saw a huge opportunity to
advance the rights of self-defense and took advantage of it.”

In addition to blocking enforcement of R.C. 2923.12 (banning
concealed carry) the Judge included R.C. 2923.16, (loaded gun in
a motor vehicle). The restraining order will be in place until
after the preliminary injunction hearing beginning August 11,
2000.

Until that time, law-abiding adult residents of Cincinnati and
Hamilton County can legally carry a loaded firearm on their
person or in their car without risk of arrest or prosecution
PROVIDED that they do not violate other laws prohibiting
possession in bars, schools, or other specified places. The law
preventing felons and other disqualified from possessing guns,
R.C. 2923.13, is also still in effect.

The restraining order makes Hamilton County unique. The only
state with a similar carry law is Vermont, where any law-abiding
adult can carry a gun if they have a driver’s license or some
other form of photo identification. Including Vermont, 43 states
allow the lawful concealed carry of firearms. Only 7 states,
including Ohio, deny the individual’s right of self-defense
outside one’s home or fixed place of business.

The complaint called the current scheme a violation of both the
Ohio Constitutions (Article 1, Section 1 [inalienable rights to
defending life, liberty and property] & Article 1, Section 4
[bear arms for defense and security]) and the U.S. Constitution
(Second Amendment [keep & bear arms], Ninth Amendment
[self-defense], and Fourteenth Amendment [Equal Protection,
Incorporation of Bill of Rights to the States]). But Judge
Robert Ruehlman found yet another problem under current law.

“The judge made it clear that the current law treats people as
guilty until proven innocent,” said attorney William Gustavson.
“If this order is upheld, the burden of proof will switch to the
Government to show why the person should not be allowed to carry
a firearm for self-defense.”

In a recent case against a pizza delivery driver, both the
prosecutor and the judge stated that the law should be changed or
repealed. The defendant, Pat Feely, was known to carry large
sums of cash in bad neighborhoods as part of his employment. He
was acquitted at trial, but could have faced the same charges if
found carrying a concealed firearm again unless the restraining
order was issued. Such unfairness opened the door for throwing
the unconstitutional law out.

“For years, Gov. Bob Taft and the anti-self-defense crowd have
blocked reasonable standards for issuing concealed carry
licenses,” stated Dave LaCourse, SAF Public Affairs Director.
“Now they have their wish, and Hamilton County allows law-abiding
people to carry of firearms without a license. I hope this
decision sends a message to them that the Ohio and U.S.
Constitutions are still valid and binding.”

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 gun control debate and its consequences. SAF previously
has 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 a damage action
lawsuit against the cities suing gun makers, an amicus brief in
support of the Emerson case holding that the Second Amendment is
an individual right and a lawsuit against the Clinton gun and
magazine ban.

SAF’s web site is at http://www.saf.org/