County Commissioners to Discuss Ending Involvement in Concealed Carry Lawsuit Appeal This Wednesday, 9:30 AM

Monday, April 15th, 2002

The Hamilton County Commissioners will discuss ending the County’s involvement in the Ohio Supreme Court Appeal in the landmark concealed carry lawsuit funded by the Second Amendment Foundation (SAF) on Wednesday, April 17th at 9:30 AM in Room 603 at 138 E. Court Street in Cincinnati, Ohio.  If the Commissioners vote to oppose the Appeal, the Hamilton County Prosecutor may be forced to drop it.

 

“It is no surprise that elected officials began to see the folly of wasting taxpayer dollars in an unwinnable case after all four judges hearing the merits of it resoundingly rejected the Government’s position,” stated Alan Gottlieb, SAF Founder.  “Todd Portune had the courage to be the first to raise this important issue, but he will likely not be the last.”

 

In his excellent letter to County Administrator David Krings, Hamilton Commissioner Todd Portune noted that while County Prosecutor Mike Allen admitted that he too had problems with the current statutory scheme, he felt that he was obligated to continue the appeals.  The problem, as Portune wrote, is that Allen’s supervisors (the County Commissioners), have never been consulted in these key decisions.

 

A link to Portune’s letter is available here: http://www.saf.org/Ohio.htm with part of it reading as follows:

 

“Judge Painter, one of the most published and respected jurists in the state, and a true intellectual and scholar, has offered a well-written opinion that in unequivocal terms finds Ohio’s present statute to be unconstitutional.  That is good enough for me and we need not waste any more taxpayer resources on pursuing this appeal. . . .

 

“We should not . . . be a party to a process that urges the [Supreme] Court to enforce an unconstitutional law — a law that forces people to be arrested and run the risk of prosecution and conviction simply for the purpose of determining their legal rights.”

 

The Ohio Supreme Court has not issued a stay yet, so it is legal for law-abiding adult citizens in Hamilton County to carry concealed weapons like guns for their defense and security without any licensing requirements.  Since the Judicial branch cannot create law, but only interpret it and review it against the constitution, the Appeal Court could only strike down the unconstitutional laws, leaving others intact for criminals only.