Judge Junkin reverses; returns illegally confiscated gun to CHL-holder

Reprinted with permission of Sun Newspapers

November 24, 2004

By Kim Wendel, Staff Writer

CHAGRIN FALLS — Bainbridge resident Justin T. English got his .38 caliber Smith & Wesson revolver back Wednesday.

On Monday, Bedford Municipal Court Judge Peter J. Junkin ruled that the gun be returned after English’s attorney made an oral argument for the gun’s return before Junkin.

Junkin had police keep the gun after English appeared before him Aug. 24. Police originally took the gun from English during a traffic stop Aug. 5. English, a passenger in a green Oldsmobile, told police immediately that he had a gun in the waistband of his pants.

English had and has a valid permit to carry a concealed weapon.

The officer said the gun was covered by English’s shirt and took the weapon. That night, police cited English for disorderly conduct.

On Aug. 12, police cited English for improper transport of a gun.

English appeared in court before Junkin Aug. 24. He was found guilty of disorderly conduct but the improper transport charge was dismissed.

After paying fines and court costs, English asked for his gun back but Junkin refused.

That seizure riled the statewide Ohioans For Concealed Carry group. "We cannot believe that the judge kept the gun when we believe he had absolutely no right to do so," OFCC president Jeff Garvas said then.

OFCC attorney Kenneth Hanson appealed Junkin’s seizure decision to the state appeals court Sept. 28. That appeal is still pending.

This was the first time in Ohio since the law allowing qualified individuals to carry a concealed weapon went into effect April 8 that a judge has kept a defendant’s gun after a case was over.

Contact Wendel at [email protected] or (216) 986-5473

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