Op-Ed: Risk or Fear?

July 26, 2004
Crain's Cleveland Business

Ohio's concealed carry firearms law is now three months old. Crain's has
published several articles and editorials urging businesses to ban
firearms. Let's sort out fact from fiction.

Toby Hoover and OCAGV filed suit to stop sheriffs from issuing
licenses. She is represented by James Kline, of Ulmer & Berne LLP, the
same firm of Stephanie Trudeau, who been quoted in this publication stating
businesses "need to ban." (firearms) This is but one of their many fallacies.

Ohio Attorney General Jim Petro, said of their work, "The very fact that
they seek a writ of mandamus ordering public officials to cease and desist
from specific activities belies any claim to the extraordinary writ of
mandamus." In other words, their claim can't be granted because of their
own points. People pay for such advice?

The Ohio Supreme Court must have agreed. On July 14, it unanimously
dismissed the suit without comment.

Ohio law protects businesses with a net of liability protection concerning
concealed carry, but nets have holes, and it's possible to damage your own
protective cover. Ken Hanson, of the law firm Firestone and Brehm
(Delaware OH) notes, "Most trade groups are presenting objective,
information based guidance on this issue. I have seen solid informational
pieces out of a bank association and an underwriters association - straight
information without spin. Business owners need to evaluate their sources
carefully. The language of HB 12 grants businesses immunity for actions of
a license holder, and the plain facts from 46 states show that these are
people you want in your store."

Before business blindly follow the advice of Ulmer & Berne law firm, or
anyone else advising "ban guns" they should look at what they are
buying. Some attorneys are selling their own anxiety, packaged as legal
advice. They use fear, emotion, and distorted "facts." Ohio's leading
legal authorities (Ohio Attorney General and Supreme Court) have dismissed
their suit. Like their claims of "increased dangers" it is baseless.

If you are going to buy advice on a firearms policy, make sure your
attorney is competent and knowledgeable about firearms. Ask questions,
read studies. Sadly, companies have paid money for advice that actually
increases their risk of a violent shooting, can not strengthen their
immunity protection, and likely weakens it! That is bad business.

Earlier this month, six people died from gunshot wounds in Kansas where the
employer has a "no guns" policy. Not surprising, 90% of such crimes occur
where people may not defend themselves. "No guns" signs assist criminals
find a safe (for the killer) place for their crime. You do not want to
advertise for such problems.

Making decisions based on fear, but void of fact may result in loss of
life, and your business. Many companies pay money for armed guards. By
allowing firearms, you add a free layer of protection using the most
law-abiding citizens. In over 80 years, in 46 states that now allow
concealed carry, no one legally carrying a firearm has ever committed acts
of mass carnage, but they have stopped many mass shooting attempts. They
have also stopped thousands armed robberies, without injuring innocent
bystanders.

Think before you ban. The life you save may be your own.

Jim Irvine
Ohioans for Concealed Carry