AGAIN! Concealed gun ban overturned by Seneca County judge
2 DOWN, 86 COUNTIES TO GO!:
AGAIN! Yet another Ohio judge has ruled that Ohio's law against carrying a concealed weapon is unconstitutional.
"The statute deprives Ohio citizens of an effective means of self-defense," said Seneca County Common Pleas Judge Michael P. Kelbley in an 18-page ruling filed Tuesday. "The Constitution states in clear terms that the people of Ohio have the right to bear arms."
"The woman's attorney, Mark Klepatz, said she was pleased with Judge Kelbley'
s ruling.
Mr. Klepatz said the decision was 'what we were hoping for.'
'I think it takes courage for a judge to see that a statute is unconstitutional, because essentially, you're telling the legislature that you have to take a second look at what you did,' he said" (emphasis added).
"Seneca County Prosecutor Ken Egbert Jr. said he will appeal the decision to the 3rd Ohio District Court of Appeals in Lima and ask the court to block the ruling until the appeal is decided. Until then, he said the ban on concealed weapons will continue to be enforced in the county."
For OFCC PAC analysis, and links to multiple media outlets covering click the "Read More..." link below.
OFCC PAC COMMENTARY:
According to the Associated Press, the Seneca County prosecutor is promising that, in spite of this ruling, he will direct law enforcement to continue the violate the constitutional rights of persons traveling in Seneca County!! Were this true, this would be a blatant admonition that, in the mind of this prosecutor, the rule of law does not apply.
OFCC PAC Chairman Jim Irvine placed a call to Seneca County Prosecutor Ken Egbert, Jr. for verification of the Associated Press quote. Egbert denies that the CCW ban will be enforced in Seneca County until (if?) a stay is issued.
The appeal will be heard by the 3rd Ohio District Court of Appeals in Lima. A finding by this appeals body would be precedent in 17 Ohio counties:
Allen, Auglaize, Crawford, Defiance, Hancock, Hardin, Henry, Logan, Marion, Mercer, Paulding, Putnam, Seneca, Shelby, Union, Van Wert and Wyandot
The complete story (beware: some stories contain flawed comments about Ohio's existing "Affirmative Defense" law), can be found at:
- 2854 reads