Appeals Court authorizes its judges to carry concealed weapons without mandatory training

The Athens Messenger is reporting that the 4th District Court of Appeals has issued an order authorizing its judges to carry concealed weapons as a security measure.

From the article:

Fourth District Judge Marie Hoover said the order — which applies to just the 4th District Court — was not prompted by any particular incident, but that threats have been made over the years.

“As a court, we’ve all agreed it is necessary,” she said.

“I know other common pleas court and other judges have use similar orders around the state,” said 4th District Judge Matthew McFarland.

According to the order:

“A judge may authorize himself or herself to carry a concealed deadly weapon, firearm or non-lethal weapon for defensive purposes as he or she deems appropriate.”

Although the order would allow the four judges to carry concealed weapons without going through the normal permitting process, Hoover said she is going to take training and get a concealed carry permit.

“The court order really doesn’t have an effect on me. I was going to do it anyway,” she said, noting that she has already signed up for training through the Tactical Defense Institute.

Although she has martial arts training, Hoover said she is slight of build and would have difficulty defending herself against a large attacker.

“As far as I’m concerned, I think it (the order) was a good idea,” she said.

According to the article, under the order, a judge carrying a weapon into a courthouse must notify the sheriff of that county. The district covers 14 counties, including Athens County.

Security levels in the district’s courthouses vary, but the court order indicates that security outside the courthouses is a concern.

“While the protection provided by courthouse security personnel ends at the courthouse door, the threat to the safety of the judge does not,” the order states. “The stronger the security measures inside the courthouse, the more likely is the exposure and risk to the judge outside the courthouse.”

The order authorizes the judges to take “necessary measures or action” to provide security.

“The type and necessity of precautionary measures shall be within the sound discretion of each judge,” the order reads. “Each judge shall determine the necessity and appropriateness of the means for his or her personal and family protection.”

Asked if that meant, for example, that a judge could have a home security system installed at public expense, Hoover indicated that is not the order’s intent.

McFarland agreed.

“We haven’t talked about anything like that,” Hoover said.

Obviously I can identify with the desire to bear arms for self-defense. In the long list of state-mandated victim zones, the vast majority are bad policy, and bad law, as they are a restriction on a fundamental right, and there is no demonstrable need, under any level of scrutiny. Courts do have very specific and often difficult security needs. I support a judge's decision to carry a firearm, or authorize others to carry firearms, for the safety and security of their court, and the people in it.

That being said, it bears noting that while Ohio law currently requires that applicants take a 12 hour class before they obtain a concealed handgun license, these judges have given themselves the right to carry without any training.

In November 2013, the Ohio House of Representatives passed HB 203, a concealed carry reform bill that, among other things, would reduce the arbitrary mandate of a 12 hour concealed carry class to four hours. (Required topics for Ohio CHL training would remain the same as they are now). Given that the judges of the 4th District Court believe they should be allowed to carry without any training mandate (such as citizens in Indiana and Pennsylvania are allowed to do), logically they should each also be willing to support the right of their fellow Ohioans to have a reduced training mandate, allowing their fellow citizens the ability to chose for themselves the amount of training that is right for them. This type of training flexibility works in other states, it will work in 4th District courtrooms (and everywhere else these judges go), and it will work for all Ohioans.

We know where the Ohio House stands, and we know where these judges should logically stand. That leaves only the Ohio Senate and Gov. John Kasich. And judging by the constant questions on the Buckeye Firearms Association Facebook page, there are many voters hoping to find out where they stand on HB 203 in the very near future.

Chad D. Baus is the Buckeye Firearms Association Secretary, BFA PAC Vice Chairman, and an NRA-certified firearms instructor. He is the editor of BuckeyeFirearms.org, which received the Outdoor Writers of Ohio 2013 Supporting Member Award for Best Website.

Additional Information:

Columbus Dispatch - Judges authorize themselves to carry weapons without permit

Jim Irvine, director of the Buckeye Firearms Association, has no problem with judges arming themselves, in court and out, without obtaining concealed-carry permits.

The pro-gun group chafes at restrictions on where permit holders can carry their guns, but it agrees that courthouses, jails and prisons should be off-limits.

“If judges want to carry, that’s great,” he said. “Their job is unique. Maybe more judges should do that.”