COLUMBUS – Those wishing to carry a concealed firearm in Ohio was handed a small victory Friday.

Monday, January 28, 2002

COLUMBUS – Those wishing to carry a concealed firearm in Ohio was handed a small victory Friday.

A state appeals court has decided to expedite a hearing that will determine if two of Ohio’s gun laws are constitutional while continuing the state’s ban on carrying a concealed firearm until the court has rendered a decision on the case.

The 1st Ohio District Court of Appeals scheduled arguments for March 20 on an appeal of the lower court’s ruling. A Hamilton County court issued an order in January that would have forbidden police in the county – which includes Cincinnati – from enforcing the law.

Hamilton County Common Pleas Judge Robert Ruehlman ruled that the ban violates the Ohio Constitution, which he said gives people the right to carry guns for their own security. Ruehlman is presiding over a lawsuit that challenges Ohio’s decades-old ban on carrying concealed weapons.

The concealed weapons ban will remain in effect until April 10, so the court will have enough time to rule after the hearing, said presiding Judge Mark Painter.

”We conclude that we do have authority to lift or modify the stay,” the three-judge panel said.

Ohio’s law bans carrying concealed weapons or having loaded weapons in a vehicle. The Ohio Supreme Court upheld the law when it was challenged in the 1920s.

The Second Amendment Foundation, the organization supporting the lawsuit in Ohio called the judges’ decision to expedite the hearing "another victory" in the group’s effort to change Ohio law.

The group’s president, Joseph Tartaro, said the lawsuit pushes the state’s government to make a clear cut decision regarding concealed firearms.

As it now stands, Tartaro, Ohio law is open to wide interpretation to the concealed-carry law. He said the law reads that if someone is arrested for carrying a concealed firearm, the defendant must prove that a "reasonable, prudent" individual would carry a firearm under similar conditions. If not, then the defendant could be convicted of a felony. Tartaro said an individual must prove innocence, without the burden of finding guilt laid upon the state. He added that even if a defendant is found innocent in one case, if caught again, the defendant would have to once again prove innocence in court. "There is a possibility of multiple jeopardies on the same issue."

Legislation is already pending with Columbus lawmakers trying to decide whether or not they will pass any law that will allow Ohioans to carry a weapon.

Gov. Bob Taft has also showed interest in the bill. In the spring, a message by Taft was posted on the his web site (www.state.oh.us/gov/) where he states: "Throughout my public service career, I have been a strong supporter of the Second Amendment to the U.S. Constitution and the rights it grants. Equally, I believe that law-abiding citizens should be able to keep firearms in their homes. People should also continue to have the opportunity to hunt, target shoot, collect and participate in other, similar activities associated with our state’s long history of legitimate uses of firearms.

"As I have repeatedly stated, I would allow a concealed carry permitting bill that passes the state legislature to become law only if the bill contains rigorous training and background check requirements and is acceptable to Ohio’s law enforcement groups and police organizations.

"The purpose of such legislation should be to enhance public safety, and if those who are responsible for preserving law and order are opposed to it, their position warrants serious consideration."

Taft added in a recent statement that he wants law enforcement endorsement before signing a bill to allow concealed-carry. Ohio lawmakers are considering whether to legalize it.

As of now, Ohio is only one of six states that prohibits citizens to carry a firearm. Wisconsin, Illinois, Missouri, Kansas, and Nebraska all have bans on concealed firearms.