Article Archive

Date

Supremes uphold affirmative defense law; law immediately fails Seneca Co. woman

Despite the fact that 45 states across the nation (including every state bordering Ohio) have some legal mechanism for law-abiding citizens to bear arms for self-defense, and despite the successful reduction of violent crime from such laws nationwide, Ohio's governor, certain Senators, and the Ohio State Highway Patrol bureaucracy still seem to believe that Ohioans are less responsible than the citizens of these other states.

For more than seven months, the good citizens of Seneca County continued to prove them wrong.

On February 12, Judge Michael P. Kelbley threw out a concealed-weapons charge against a Fostoria woman (and former rape victim) rape victim caught with a gun under her seat during a traffic stop, saying Ohio law prevents citizens from protecting themselves.

This ruling meant that, in Seneca County, the concealed carry ban could not be enforced. For seven months, responsible citizens enjoyed being able to exercise their Constitutional, civil, and human right to self-defense in that county without fear of arrest, without a licensing framework, without training requirements, without background checks, without databases, and without several poison pill amendments inserted by the Senate at Gov. Taft's request, in the name of "saving the children."

By all accounts, there was been no mayhem, no blood in the streets, no shoot-outs at fender-benders. It seems the good people of Seneca County are as capable as residents in Vermont and Alaska (not to mention our neighbors in Kentucky, Indiana, Pennsylvania, Michigan and West Virginia) at exercising their unfettered self-defense rights without so much as a glitch in daily business for Seneca County law enforcement. Residents in Hamilton County (Cincinnati) were proven to be just as responsible, when the concealed carry ban was lifted several times in that city by the courts before a Supreme Court stay.

The Ohio Supreme Court recently upheld Ohio's ban on carrying concealed firearms, indicating that Ohio's affirmative defense law - which finds those who concealed a firearm guilty until proven innocent - to be understandible to the common man. The law they just upheld has failed this rape victim, as it has failed so many in the past, and as it will continue to fail Ohioans until Senate President White acts to appoint conferees and send a bill to Bob Taft.

Court reversal means felony charge reinstated
October 1, 2003
Toledo Blade

LIMA, Ohio — Citing a decision by the Ohio Supreme Court, the Third District Court of Appeals has overturned a Seneca County decision that declared the state’s concealed-weapon ban unconstitutional.

The appeals court decision, filed Monday, reversed a February ruling by Judge Michael Kelbley of Seneca County Common Pleas Court. Judge Kelbley had dismissed an indictment against a Fostoria woman who said she hid a gun under a car seat because she had been raped twice.

Because of the appeals court’s ruling, a felony charge of carrying a concealed weapon has been reinstated against the woman, county Prosecutor Ken Egbert, Jr., said yesterday. The charge carries a maximum prison term of 18 months.

Click here to read the story in the Toledo Blade.

Related Stories:
7th month of freedom & security in Seneca County

Sheriff, police chief see little impact from ruling on concealed-carry ban

Seneca County: Appeal of weapon ruling heard

Is no CCW news good news for these Ohio newspapers?

MOTION DENIED: Seneca County Prosecutor seeks stay of decision on gun law

Gun Rights Group Applauds Fifth Judge to Nullify State Gun Ban

AGAIN! Concealed gun ban overturned by Seneca County judge

HB12 Sponsor: OSHP demands for unsecured firearms in vehicles ''ridiculous''

Marietta Times
by Brad Bauer

The Marietta area's lawmakers say they would favor some kind of new law to allow citizens to carry a concealed weapon as the issue returns to the hands of the Ohio General Assembly.

Ohio Rep. Jim Aslanides, R-Coshocton, the bill's House sponsor, said the citizens want their lawmakers to continue to pursue the issue even though it is proving to be a difficult one to resolve.

"The call for concealed carry is still ongoing in Ohio," Aslanides said. "The House has passed a version and the Senate has passed a version. ... But (the House) does not concur with Senate amendments because of two provisions installed. It has left us at a standstill."

After the bill made it through the House, the Senate amended the bill to help it gain the support of the Ohio Highway Patrol and Gov. Bob Taft.

Because of concerns raised by the patrol, Taft promised to veto the bill as proposed by the House. After some changes to the bill at the Senate level, the patrol has taken a neutral stance. Taft said earlier this year he would sign the bill.

That can't happen until the House and Senate iron out the details in a special conference committee. Aslanides said he has called for a conference committee, but so far, Senate members have stalled efforts to meet on the issue.

"We have designated three members to meet, but they haven't designated anyone," he said. "They are urging law enforcement agencies to get together and work something out, which I don't think will happen."

The House bill would have allowed motorists to carry concealed weapons without restrictions.

Under the amended Senate bill, motorists would be required to tell officers immediately if they were carrying weapons, and either have the gun out in the open or locked in a glove box. If children were present, the gun would have to be unloaded and be locked away in the vehicle.

"That is what the highway patrol is asking for and it is ridiculous," Aslanides said. "They are asking for a person to unsecure a weapon from the person who is responsible for it and leaving it open for passengers to get at."

Click on the "Read More..." link below for more.

Senator: ''Solidarity among Republicans'' destroying your right to self-defense

By JIM SIEGEL
Gannett News Service Columbus Bureau

COLUMBUS -- The majority of Ohio senators support a concealed handgun bill, but fewer are willing to override a Gov. Bob Taft veto to make it happen.

The Supreme Court last week put the issue squarely in the lap of the legislature, ruling that Ohio's ban on concealed handguns is constitutional, and it's an issue for lawmakers to decide.

Both the House and Senate passed versions of the concealed handgun bill before summer break. The proposals allow anyone age 21 or over who passes a criminal background check and completes a 12-hour training course to carry a gun in places not restricted by the bills.

But a stalemate remains.

Taft has said he will sign the Senate version, but the House refuses to accept it. Taft said he will veto the House version, because the Ohio State Highway Patrol opposes it.

The Senate could break the logjam by agreeing to the House bill and overriding Taft's veto. House Speaker Larry Householder, R-Glenford, has said he has the votes needed for an override.

Click on the "Read More..." link below for more.