Letter to the Editor: Concealed-carry law can't be infringed

April 30, 2004
Toledo Blade

Some weeks ago the Ford administration announced its intention to ban concealed-carry in parks, on TARTA buses, and other public places, claiming this ability under "home rule."

Not only does the state constitution specifically prohibit this, so does the newly passed concealed-carry law, a recent state Supreme Court ruling, Toledo Municipal Code, and the oaths of office of elected and appointed officials.

Article 18, Sections 3 and 7 are very clear on the abilities of municipal corporations to put further restrictions upon general laws of the state.

In the concealed-carry law itself, the General Assembly pre-empted cities from adding additional restrictions upon those licensed to carry concealed handguns.

The Ohio Supreme Court, in the case of Klein vs. Leis, held that the legislature has the authority to determine the method of carry of a firearm. This also means that the legislature has the ability to legalize concealed carry. Further, by finding that bearing arms for defense and security is a fundamental right, the court found that Toledo's ban on open carry is unconstitutional.

Toledo's own Municipal Code also prohibits the City from enacting this ban. Just look to section 549.21(b). Add to this the obligations of public officials to protect the rights of the people and obey the laws of the state under their oaths of office, and it is clear that City of Toledo officials have no ability to impose such a ban. This is nothing but an illegal usurpation of power.

This "you have to obey the law, but we are free to ignore it" attitude must not stand, and I would think the people, especially the media, would question why City officials seem to think they can assume the power of dictators.

Bruce A. Beatty
Luckey

Related Story:
Attorney General concurs: City and county gun banners preempted by state law