CCW Trial Begins

News Release
Second Amendment Foundation, 12500 NE 10th Place, Bellevue, WA 98005

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Update: As expected, Ohio's concealed carry ban scheme was again declared unconstitutional by a Unanimous Appeals Court in a very strongly worded opinion!

WARNING: The Ohio Supreme Court has issued a stay and has announced it will hear the appeal! For the time being, it is a FELONY to carry a concealed weapon in all of Ohio, including Hamilton County! Possible reasons for the stay include lack of Senate Action, repeated calls to Supreme Court staff asking about the case status, and anti-reform diatribes against concealed carry in various newspapers. The good news is that we got another two weeks to prove that concealed carry doesn't increase crime! Click here for trial updates by Chuck Klein.

For Immediate Release 11/28/01
Contact: Dave LaCourse (425) 454-7012
Attorney Bill Gustavson (513) 621-4477

Trial Begins in Lawsuit to Allow
Carrying of Firearms for Self-Protection

The lawsuit to overturn the unconstitutional laws barring self-defense through legal concealed carry of firearms by law-abiding adults begins on Thursday, November 29th at 10:30 AM in the Common Pleas Court in Hamilton County, Ohio. The lawsuit involves two combined cases funded by the Second Amendment Foundation.

"It is great to finally have a trial on the merits after suffering through more than a year of endless delays," said Dave LaCourse, SAF Public Affairs Director. "The right of self-protection is as valid outside the home as within it, and the current scheme is unconstitutionally prohibitive."

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 Both the prosecutor and the judge in that case stated that the law should be changed or repealed.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 could face the same charges again if found carrying a concealed firearm in the future. The threat and costs of repeated prosecutions is only one of many reasons for declaring the current law unconstitutional.

Mr. Feely returned to a job where he will carry large sums of cash again as part of his employment, and this job change prompted this new lawsuit. He and the other plaintiffs like Chuck Klein want their right of self-defense restored, and they are joined by several pro-gun rights organizations like the Second Amendment Foundation.

SAF's new suit exposes 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, Section 2 [equal protection] and Article 1, Section 16 [due process]). In addition, as Judge Ruehlman found in the original suit in Cincinnati, 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. Such an unjust system must be replaced with reasonable and prudent legislation, and that is the reason for the lawsuit.

If the laws are overturned, this does NOT mean that criminals, juveniles and other prohibited persons could carry firearms since many gun laws will remain enforceable. If there are any questions about this fact, please call either of the numbers above, or visit our website at http://www.saf.org/Ohio.htm

"This lawsuit is about the rights of law-abiding adults to protect themselves from rapists, robbers and other street thugs," stated LaCourse. "This case is not about arming criminals, and anyone who claims otherwise is a liar. But if we prevail, I hope our opponents will place the blame squarely on Governor Taft for refusing to resolve the longstanding concealed carry debate and thus forcing legal action against the current unconstitutional scheme."

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 the Emerson case holding that the Second Amendment is an individual right and a lawsuit against the Clinton gun and magazine ban.

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