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Written by Jeff Garvas
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Thursday, 19 April 2007 17:09 |
According to published news reports Butler County Ohio Sheriff Richard Jones is calling on the Ohio Legislature to mandate armed personnel in every Ohio school. We're not talking about college campuses, we're talking about every imaginable school including grade schools, private schools, and parochial schools.
Kudos to Sheriff Jones for going out on a limb and making such a controversial demand as an elected Sheriff. Forward thinking members of school boards have been shamed into resignation for making such a controversial statement, let alone a call to pass it into law!
In a state where School Funding is a constitutional hot potato that has been thrown back and forth between the Ohio Supreme Court and the Ohio Legislature the chances of funding such a mandate are slim to none.
The most cost effective and easily implemented solution is to pass legislation, possibly in the form of an emergency, that revokes every restriction on law abiding citizens licensed to carry a firearm from entering these facilities. Today adults twenty-one years and older including older students, faculty, and staff at major universities are prohibited from taking a firearm past the parking lot. Those who live on campus can't have firearms in most cases.
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Written by Mike Kinsey
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Monday, 23 April 2007 07:03 |
A Tennessee House Panel recently voted to send legislation to the floor of the Legislature that would allow licensed citizens to carry a concealed handgun on property owned by state, county, and city governments. This will include government owned buildings. Similar to Ohio, Tennessee law arbitrarily bans self-defense in those areas.
The proposed legislation was penned by Republican Representative Frank Nicely. Its original intent was to allow legal concealed carry on State Park property. In a refreshing move, Representative Rob Briley (D-Nashville) was quoted as saying, "We've been piecemealing this thing year after year. Why don't we just let you take your gun anywhere you want to?" Rep. Briley then proposed an amendment broadening the initial draft to include all state, county, and city property... including buildings.
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Written by Mike Kinsey
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Sunday, 15 April 2007 13:11 |
I was fortunate enough to accompany OFCC President Jeff Garvas to the 136th NRA Annual Meeting and Exhibits this past weekend in St. Louis, Missouri. Joanna, my beautiful and gun-loving wife also joined me. How lucky can one guy be? While extremely tiring, we were able to attend informative and inspirational seminars, meet personally with key NRA staff to discuss pertinent Ohio issues, and walk in complete awe through acres of firearm exhibits and vendor booths that made up the largest convention of any kind that St. Louis has ever hosted. This was my first NRA Convention and I can tell you that it certainly won't be my last! I urge any freedom-loving American that has not yet attended this wonderful event to do so at their earliest convenience. Luckily for Ohioans, the 2008 Convention will be held on May 16-18 in nearby Louisville, Kentucky. All NRA members and their immediate family are not charged general admission.
Before I continue with a more detailed recap of the weekend's activities, I do need to fulfill a promise.
Jeff and I were lucky enough to share a few minutes with NRA Executive Director Wayne LaPierre at Saturday night's Annual Members' Banquet. We were able talk with Mr. LaPierre about OFCC's recent win in the appeal against Clyde, OH. As soon as I handed him my business card and mentioned that we represented OFCC, he looked me straight in the eye and said, "Ohioans For Concealed Carry? You guys have been doing great work in Ohio. We're very proud. Make sure to tell your members how much we appreciate all that they do for the Second Amendment. We're all in this together." Needless to say, each and every one of you should feel very proud of your individual efforts that have yielded our recent successes in Ohio. Wayne LaPierre, the NRA, and OFCC sincerely thank you!
Now, on to what I hope can be a full report to our loyal members and supporters... |
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Written by Daniel White
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Saturday, 14 April 2007 01:36 |
OFCC's appeal of our loss in the Clyde Case has been successful!
In a very straightforward decision, the Ohio Sixth District Court of Appeals ruled that, "due to the passage of H.B. 347, we reverse and instruct the trial court to enter summary judgment in favor of appellants" on Friday, April 13, 2007.
The road to this victory was long and hard. The City of Clyde Ohio passed a ban on concealed carry in its public parks soon after HB 12 went into effect. Ohioans For Concealed Carry sued the City, arguing that the ban was a violation of Section 9 of HB 12, which stated that the intent of the Ohio legislature was to enact HB 12 as a general law and to preempt attempts of local municipalities to further restrict the places a person with a concealed handgun license could carry their firearm. An injunction against enforcing the ordinance was granted while the case is adjudicated.
After Bruce Beatty's case against Toledo was lost, the judge in Clyde Ruled against OFCC based on that decision. OFCC immediately filed an appeal, and the injunction was kept in force. Then Ohio Attorney General Jim Petro filed a brief to intervene on OFCC's behalf, asking the court to reverse the lower court's decision.
In the Sixth District's ruling, they noted that Beatty's loss was partially dependent upon the determination that Ohio's concealed carry law was not a general law. In the appeal, two arguments were raised challenging this assertion, that the court errored in ruling that ORC 2923.126 was not a general law, and that the court erred in determining that Ohio's ccw law does not preempt Clyde's ordinance banning all firearms in city parks.
The court notes that during this appeal, HB347 passed and specifically codified preemption into the Ohio Revised Code, and that the next section "supra indicates the Ohio Legislature's clear intent that the concealed carry laws have general and uniform operation throughout Ohio."
The result?
"Therefore, Clyde Codified Ordinance 2004-41 is pre-empted by R.C. 9.68 and 2923.126, and summary judgment must be entered in appellants' favor. Appellants' assignments of error are well-taken."
Now that Clyde has been indisputably won, we will investigate how this judgment will affect the recent challenge the City of Cleveland has made to statewide preemption. It is a good day for Ohio gun owners.
Read the full decision here |
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Written by Daniel White
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Friday, 13 April 2007 00:56 |
Lorain County has become the latest to file suit seeking to overturn Ohio's Media Access Loophole, according to a story in The Chronicle-Telegram.
County Sheriff Phil Stammitti sued Ohio Gov. Ted Strickland and Ohio Attorney General Marc Dann on Wednesday, asking a county judge to declare unconstitutional a 2004 state law that requires Stammitti to provide the names of those who apply for concealed carry permits to journalists.
The lawsuit also asks the court to determine whether Ohioans for Concealed Carry President Jeff Garvas, who also is named in the suit, is a journalist.
Clermont County, Mercer County, and Erie County have already filed suits, with Mercer County already deciding that the information could be released to just about anyone.
OFCC will continue to work with the legislature and courts in our two-pronged approach to getting this discriminatory and potentially dangerous loophole closed.
Unlike in the past, this time, we appear to have the Governor backing us up:
Danns office had no comment on the lawsuit and Strickland spokesman Keith Dailey also declined to comment on the specifics of the lawsuit. But Dailey said Strickland opposes allowing anyone including journalists to review who has a permit.
"The governors a strong supporter of the right to bear arms," Dailey said.
Related stories:
OFCC Raises Awareness of Media Access Loophole
Ohio Sheriffs Challenging Journalist Exception |
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