FLASH: Sixth District Court of Appeals rules concealed carry not a general law
Today Ohio’s Sixth District Court of Appeals ruled against Bruce Beatty and the arguments of Ohio Attorney General Jim Petro. The court ruled that Ohio’s concealed carry law (HB12) is not a general law and that local ordnances can prevail.
- …we find that there is no general law in this state with which the city's Rule 18 is in conflict. As such, Rule 18 is enforceable within the city.
This ruling may allow and even encourage any political entity in the Sixth District to pass draconian rules restricting and prohibiting a person from exercising their right to carry a concealed weapon.
Click on 'Read More' for more analysis and to download the court’s ruling.
The court talks extensively about unequal rights and private property. We disagree with the conclusions of the majority and remain confident that the clear intent of the legislature was to pass a law of general nature, and that they clearly have the authority to do so.
Buckeye Firearms Association endorsee Judge Dennis Parish wrote a good dissent, which can be read at the end of the ruling (downloadable .pdf file available below).
From Judge Parish:
- ...In declaring that R.C. 2923.126 is not a general law, the majority opens Pandora's Box. If R.C. 2923.126 is not a general law then dozens if not hundreds of other state statutes are also not general laws, and local governments can change them at will. Thus, the majority's action will serve only to promote uncertainty in
the law.
Buckeye Firearms has been in contact with several legislators this afternoon concerning this case and its potential effect on persons with a concealed carry license (CHL).
The House passed HB347 on March 8, 2006. This bill addresses problems that were well known before today’s court ruling. We will continue to work with the legislature to address any new issues brought to light as a result of the appellate court’s ruling.
It is clear that a legislative fix is required to address current problems with Ohio’s firearms laws. We call on the legislature to pass HB347 promptly to minimize the detrimental effect the flawed law is having on good citizens. This issue is of such importance that the legislature should consider an emergency session.
URGENT: Click here to write your elected officials about this crucial legislation.
This case clearly illustrates the importance of good judges. If you care about your rights, it is paramount that you support good judges and help others to become informed. Click here for our judicial endorsements, including dissenting Judge Dennis Parish.
Download the Appeals Court ruling (.pdf)
Review our Judicial and local endorsements
Media coverage of this ruling:
Associated Press
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