Gun Rights Group Applauds Fifth Judge to Nullify State Gun Ban

A press release issued by Ohioans For Concealed Carry can be seen on Yahoo.com or the Crain's Cleveland website.

The full text can also be viewed by clicking on the "Read More..." link below.

CLEVELAND, Feb. 14 /PRNewswire/ -- Ohioans For Concealed Carry applauds Tuesday's decision by Seneca County Common Pleas Judge Michael P. Kelbley. The 18-page ruling states that Ohio's prohibition on carrying firearms "prevents Ohioans from defending themselves" and finds the law unconstitutional.

Kelbley's landmark ruling differs from decisions in Hamilton County. Criminal charges were dismissed on Ohio Constitutional grounds. Ms. Howard admitted to Ohio State Highway Patrol troopers that the firearm was hers and that she carried it for self-defense. Her arrest and prosecution prove the Affirmative Defense system unjust, deeming her guilty and requiring her to prove her innocence.

Defense attorney Mark Klepatz said "It takes courage for a judge to see that a statute is unconstitutional, because essentially, you're telling the legislature that you have to take a second look at what you did."

We agree. "Focusing on the unconstitutional law reminds law-makers that reform is needed," said Jeff Garvas, president of OFCC. "Crafting a concealed carry license system and leaving the unconstitutional language in the law is unacceptable."

Seneca County Prosecutor Ken Egbert's Emergency Stay motion was denied Friday. We anticipate an appeal to Ohio's Third District Court of Appeals in Lima.

Without regard for the three courts finding the law unconstitutional, the Ohio State Highway Patrol continues to enforce the law. Also, alleging officer safety, they objected to legislation licensing law-abiding citizens to carry firearms in vehicles. The patrol wants the law unchanged and unconstitutional.

"Forty-four concealed carry states have proven that law-abiding citizens carrying firearms for self-defense pose no threat to law enforcement," said Jim Irvine, Chairman of OFCC PAC. "Ms. Howard was not a threat to the troopers. Not only was she cooperative, she admitted that she had the firearm for self-defense."

"The courts have identified the problem for the legislature," said Garvas. "Lawmakers can craft a bill eliminating un-constitutionality, bureaucracy, excessive training requirements, and victim disarmament zones. Representative Aslanides introduced HB12 and Senator Wachtmann offered SB24. We anticipate providing testimony when these bills are heard in committee."

The Ohio General Assembly has avoided this issue for too long. The Ohio Supreme Court should re-enable the framer's protection of the right of all law-abiding Ohioans to have firearms for self-defense.