| Ohio's CCW ban is unconstitutional |
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| Thursday, 10 January 2002 | |
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I spoke with the Hamilton County Clerk of Courts this morning (8:15 AM)and was informed that Judge Rhuelman has indeed found for the plaintiffs in our lawsuit. Read more to see some on-line news reports.
Update: OFCC Press Release
The Associated Press 1/10/02 8:20 AM
"There is no doubt that the very thought a potential victim
might possess a firearm deters that element of our society that
cares nothing about laws or human life but rather understands only
one thing -- brute force," Hamilton County Judge Robert Ruehlman
wrote.
Ruehlman ruled in a lawsuit filed in July 2000 by a private
investigator and four other workers who said their jobs required
them to carry weapons for self-defense.
The workers, including a fitness trainer, hairdresser and owner
of a pizza delivery business, say the Ohio Constitution allows
citizens to bear arms and doesn't say the weapons cannot be
concealed.
Ohio allows only law enforcement officials or officers of the
state and federal government to carry concealed weapons.
The workers argued that the ban subjects people to arrest before
they get a chance in court to clear themselves by arguing they had
legitimate self-defense reasons to be armed.
Lawyers for Cincinnati, Hamilton County and the state countered
that the right to bear arms does not prevent the state from
regulating how people may carry guns. They said concealed weapons
pose a threat to police officers and others.
"Amidst all of the baying from gun opponents is the irrefutable
fact that there will always be people in our society who refuse to
follow any rules and how can never been reasoned with or
rehabilitated," Ruehlman wrote. "These people have no conscience
and no qualms about doing harm to innocent persons. As a
consequence, every law-abiding citizen of this state has the right
to protect him or herself with a concealed firearm."
Ruehlman defined law-abiding people as those not otherwise
prohibited by federal, state or local law from possessing firearms.
Ruehlman heard testimony over four days in December.
After the trial, lawyers defending the state law asked the judge
to remove himself from the case. They said he couldn't make a fair
ruling because his wife and baby were kidnapped at gunpoint outside
a strip-mall camera shop in 1989.
Ruehlman's wife, Tia, said a gun probably wouldn't have helped
her overcome her assailant. She said she believes that residents
should be able to carry concealed weapons but had not discussed the
case with her husband.
Ruehlman declined to comment on the request.
Anti-gun groups said they were worried about the concealed
weapons case because of Ruehlman's past rulings. Those include his
dismissal of Cincinnati's lawsuit against gun manufacturers two
years ago.
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