Gun ban lobby seeks to block Ohio Right to Carry in court
The Ohio media has finally caught up with what readers of this website have known since early Saturday - gun ban lobby are now trying to do in court what they could not do in the legislature - subvert the Ohio Constitution and the Will of the People (as expressed by the Ohio General Assembly) on the right to bear arms for self-defense.
While the media treated the law-breaking by Cuyahoga Co. Sheriff Gerald McFaul, and subsequent submission of a writ of mandamus to force him to do his duty under the law, as a brief mention in other stories, Ohio's liberal media are trumpeting this news in headline stories across the state.
A quick read-through will reveal that this suit is nothing but a political vendetta in the guise of mandamus. In fact, many people have questioned the validity of using mandamus to order sheriffs NOT to follow the law, and thus questioned why OFCC is making an urgent pleading for funds to mount a defense.
Look no further than the 5-2 ruling on Kleis vs. Leis to get the answer:
The activist Ohio Supreme Court believes it doesn't need validity or the rule of law to issue anti-gun, anti-Constitution ruling that flies in the face of all logic and fact.
OFCC member Greg Wilk points out that "in his now infamous majority opinion Justice Pfeifer states, 'It is not a court's function to pass judgment on the wisdom of the legislature...' As the General Assembly has now in its wisdom made
concealed carry legal, we'll see whether the court still abides by this view or whether they will find some other ad hoc principle that suits its prejudices."
Hoover is bring represented by none other than the law firm which employs Stephanie Trudeau, the Cleveland lawyer who began shopping an anti-self-defense op-ed just days after the law was passed.
The "defendants" named by the anti-gun lobby were all opposed to concealed carry reform, and will not defend the law. OFCC must. We must. You must.
CLICK HERE TO GET INFORMATION ON HOW TO DONATE TO DEFEND OHIO RIGHT TO CARRY.
You don't depend on others to defend your life, don't depend on others to defend your rights. Donate today.
Click on the "Read More..." link below to read the press release which as been reprinted nearly verbatim by the Associated Press and newspapers across the state.
April 12, 2004 03:50 PM US Eastern Timezone
Ohio Coalition Against Gun Violence Files Complaint with the Ohio Supreme Court to Stop Concealed Weapon Permits
COLUMBUS, Ohio--April 12, 2004--
Complaint Alleges Statute Unconstitutional and Public Safety Provisions Not Enforced
The Ohio Coalition Against Gun Violence filed a complaint on Friday, April 9, 2004, asking the Ohio Supreme Court to order local sheriffs to cease issuing carrying concealed weapons (CCW) permits. The Ohio Coalition complaint listed numerous problems with the new CCW law including inadequate procedures, funds and resources to properly enforce safety provisions in the CCW law, all of which make the statute unconstitutional, according to the Coalition.
"The carrying concealed weapons law is not being implemented with the public safety provisions mandated in the legislation," says Toby Hoover, executive director of the Ohio Coalition Against Gun Violence. "If we can't implement and enforce important safety provisions such as conducting thorough mental capacity checks, and keeping concealed weapons out of the hands of those with mental illness, Ohio should stop issuing CCW permits immediately."
According to the Coalition, Ohio's CCW law does not provide adequate resources for proper screening or record checks on applicants with a history of mental illness. The law also does not adequately fund sheriffs to pay for the actual costs to process carrying concealed weapons applications. Such gaping holes in the implementation of Ohio's concealed weapons law puts Ohio's families and communities at greater risk of gun violence and guns getting into the wrong hands.
The Ohio Coalition is educating local businesses and organizations about their right to prohibit concealed weapons being carried inside businesses and onto private property by posting signs and declaring areas "weapons free zones." Additionally, the new law leaves business owners vulnerable and may remove the ability of your own community to keep concealed weapons out of places such as public parks.
Media coverage:
Akron Beacon Journal
NewsNet5.com (Cleveland/Akron)
Click here to hear an Ohio Public Radio interview on the subject with Toby Hoover, and OFCC's Gerard Valentino, via RealAudio streaming.
Related Stories:
Cuyahoga County citizen files suit against Sheriff Gerald McFaul
- 1834 reads
