Ohio’s ban on carrying concealed firearms has been struck down as
unconstitutional in a landmark ruling. Within Hamilton County, law-abiding,
mentally competent adults can now carry guns concealed and have loaded guns
in their vehicles without fear of being arrested and prosecuted for
exercising their rights under the Ohio Constitution. The Second Amendment
Foundation (SAF), a leading national gun owner rights organization, funded
the lawsuit.

“This is one of the greatest victories for the Second Amendment Foundation
and the citizens of Ohio,” stated SAF Founder Alan Gottlieb. “Not since SAF
forced the city of Los Angeles to begin issuing concealed carry licenses
have we earned such a clear win, and it feels great to strike down a gun
control law using the Ohio Constitution.”

SAF’s lawsuit exposed the current scheme as a violation of the Ohio
Constitution (Article 1, Section 1 [inalienable rights to defending life,
liberty and property], Article 1, Section 4 [bear arms for defense and
security], Article 1, Sections 2 [equal protection] and Article 1, Section
16 [due process]). In addition, as Judge Ruehlman found in his decision, the
current law treats people as if guilty until proven innocent!

The Ohio laws in question, R.C. 2923.12, bans all concealed carry of
firearms with felony penalties for any violations while R.C. 2923.16 bans
loaded guns in a motor vehicle. Only after a person is caught violating
either of these provisions, and the person incurs the costs and stresses of
a criminal trial, does the current law allow the possibility of an
“affirmative defense” to be made. It was for this reason that the law was
struck down.

Plaintiffs include Pat Feely, who was previously arrested and tried under
the gun carry ban scheme. Both the prosecutor and the judge in that case
stated that the law should be changed or repealed. While Feely was
acquitted at trial, he risked the same charges again if found carrying a
concealed firearm in the future. The threat and costs of repeated
prosecutions was only one of many reasons the current law was declared
unconstitutional.

Mr. Feely carries large sums of cash as part of his employment. Feely,
private investigator Chuck Klein and businessman James Cohen sought to have
their right of self-defense restored with several pro-gun rights groups like
Ohioans for Concealed Carry, Peoples Rights Organization and the Second
Amendment Foundation.

This decision does NOT mean that criminals, juveniles and other prohibited
persons can carry firearms since many other gun laws remain enforceable.
This was made clear in the court’s ruling and if there are any questions
about this fact, please call the numbers above or visit our website at
http://www.saf.org/Ohio.htm

“This lawsuit is about restoring the right to bear arms to law-abiding
adults under the Ohio Constitution, and does not benefit criminals in any
way, shape or form,” said Gottlieb. “The hysterical gloom-and-doom rhetoric
from the other side highlights that they have not studied the successes in
vast majority of states that allow concealed carry.”

Nationally, 42 states specifically allow the carrying of concealed weapons
or firearms with a license or permit. This could rise to 43 states if New
Mexico’s new concealed carry law is upheld. Vermont allows the carrying of
concealed firearms without any license/permit because of a court decision,
State v. Rosenthal, (1903). Of the remnant 6 or 7 states, Ohio is unique
with its affirmative defense and on who the burden of proof is placed.

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 consequences of gun control. SAF has previously 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 several concealed carry lawsuits, a lawsuit against the
cities suing gun makers & an amicus brief & fund for the Emerson case
holding the Second Amendment as an individual right.

See a story on the ruling here:
http://www.cincypost.com/2002/jan/10/gun011002.html