Litigation

This page serves as a record of litigation Ohioans For Concealed Carry has been involved in as it pertains to your gun rights. Generally, OFCC only gets involved in court cases when the case has direct consequences for Ohio gun owners. Two such cases have made it all the way to the Ohio Supreme Court. Visit this page often for updates. Klein v. Leis This landmark case found the Ohio Supreme Court ruling that Ohio's then total ban on carrying concealed firearms was not unconstitutional because there was another option for exercising the Right to Keep and Bear Arms. The minority opinion clarified that this confirmed that open carry is legal in Ohio. The decision galvanized grassroots activists in Ohio and a series of Open Carry Self-Defense Walks were held to demonstrate in favor of concealed carry reform. These Walks were widely credited with playing a significant role in ending Ohio's 145 year ban on carrying concealed firearms. Status of Litigation Case closed Relevant Links OSC Decision Related Stories Klein vs. Leis (ccw lawsuit) stalling again! Trial begins in challenge to Ohio's concealed-weapons ban Trial updates from Chuck Klein Court Documents Available in PDF Dispatch Editorial: "Arguments against gun restrictions carry no water" OFCC obtains copy of Hamilton County Prosecutor's Open Carry Mandate The Ohio CCW Constitutionality Challenge Ohioans For Concealed Carry v. City of Clyde 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. Status of Litigation Lost in Municipal Court after the Beatty Decision was issued. Currently on appeal. Related Stories Ohioans For Concealed Carry Sues City of Clyde Over Concealed Handgun Ban FLASH: Temporary Restraining Order issued against City of Clyde OH Atty Gen files Motion to Intervene in OFCC suit against City of Clyde Suit seeks the beginning of the end for local gun ordinances Attorney General Jim Petro Defends Concealed Carry Law Latest round of motions filed in OFCC, Inc. v City of Clyde Sandusky Court Rules Against OFCC in Clyde Matter Attorney General Joins OFCC In Clyde Appeal Mike Daniels Case OFCC Member Mike Daniels was denied his concealed handgun license due to an expunged 25 year old non-violent felony conviction for posessing six prescription pills that didn't belong to him. OFCC's position was that since his record had been expunged, and that a second judge had granted a relief from disability restoring his gun rights, that the denial was a violation of his constitutional rights. His second application was again denied, and the deadline for appeal was missed. We are currently in a holding pattern pending the action on HB347, which would require exungements to not be used as grounds for denial. Status of Litigation On hold while HB347 is legislated. Related Stories OFCC Member Denied CHL Making Progress Lorain Court Agrees with OFCC and Restores Rights Not Over Yet - Sheriff Denies OFCC Member His CHL Dan Sayers v. City of Oregon OFCC Member Dan Sayers was pulled over at gunpoint after pumping gas and shopping while openly carrying two pistols at a gas station in Oregon, OH (a suburb of Toldeo). Sayers was charged with failure to inform he had a CHL (even though he was carrying openly and the police report states the police could not understand what he was saying when he WAS informing) as well as a violation of an Oregon ordinance which prohibits carrying firearms in any public place, regardless of whether or not you have a CHL. OFCC got involved in the case since allowing a total ban on carrying firearms to stand is a blatant abuse of the constitution. Status of Litigation Pre-trial motions being filed and considered Relevant Links Official OFCC page dedicated to the Sayers case Related Stories See the above link for all related stories Bruce Beatty v. City of Toledo Bruce Beatty challenged the Toldeo, OH ban on carrying firearms in a public park by holding a much publicized "birthday party" to celebrate the one year anniversary of the Ohio CHL law. After being ticketed, Beatty fought the ticket in court and lost at the municipal and appellate levels. After a very poor decision by the Ohio Sixth District Court of Appeals ruled that Ohio's CHL law is not a general law (and would be subject to being overruled by any home rule municipality), OFCC teamed up with Beatty to appeal to the Ohio Supreme Court. Status of Litigation Appeal to OSC filed, briefs being filed. Relevant Links Ohio Supreme Court Case Information Toledo Ruling Sixth District Appellate Court Decision Appeal to Ohio Supreme Court Toledo Response to OSC Appeal Related Stories Toledo Concealed Carry Advocate Fires Back Citizen goes for CCW walk on "banned" Toledo city property Toledo officials offer contradictory statements on park ban challenge City of Toledo hangs "park-ban hat" on vague park rules ordinance Activist protests citation at park Concealed-carry activist pleads not guilty in court Bruce Beatty convicted by Toledo Courts Breaking News: Bruce Beatty has appealed Sixth District Appellate Court Throws Out Beatty Case OFCC Joins in Beatty Appeal Beatty v. Toledo Supreme Court Brief Filed