CLEVELAND - JULY 8, 2004 - Ohioans For Concealed Carry, the state's largest grassroots organization working to reform Ohio's self-defense laws, announced today that its Office of General Counsel has sent letters to the first municipalities that have passed ordinances attempting to restrict the lawful carrying of concealed handguns by those licensed by the State of Ohio.

In these letters, Attorney Ken Hanson, Chair of OFCC's litigation section, details to the municipalities why their ordinances are invalid.

Hanson explained, "There has been a lot of bad information floating around, particularly with regard to so-called 'home rule' powers. This is not unexpected in the first ninety days of a new law. The purpose of these letters is to lay out in black and white exactly why the ordinances are invalid, and to give each letter recipient a last chance to avoid being sued over the offending ordinance."

In researching local ordinances for the upcoming litigation, OFCC learned that many media accounts of local ordinances were inaccurate. For instance, on March 24, the Delphos Herald published story stating that "council passed a motion declaring it illegal for anyone but a lawfully-licensed peace officer to possess or carry a concealed weapon in any city park..." But when inquiring with the village of Delphos, officials have explicitly stated that they have no such ordinance or rule, and that their ordinance mirrors R.C. 2923.12. Investigation of an April 27 article in the New Philadelphia Times Herald met with similar results from that city.

The city of Dover passed an ordinance enforcing a ban "to the extent permitted by law", which of course means the bans stop at the exits to city buildings. Other cities' officials, including those in Toledo and Columbus, have made misleading public statements about bans, and even posted signs on public property, without passing any new ordinance and apparently without any intention of enforcement.

On the other hand, some municipalities were found to have ordinances that clearly attempted to restrict concealed carry, in violation of applicable law. These municipalities, the ones that appear to have drawn a line in the sand, are the ones targeted by the letters, which have been received by the Mayors, Police Chiefs, and Council Members. The intent of the letters is to inform them that OFCC is immediately prepared to go to Court, if necessary, if they do not rescind their ordinance.

When officials in various municipalities were initially contacted by OFCC, not one responded with a legitimate reason for passing the ordinance.

"The only 'justification' offered are not-so-subtle implications that our children are going to be lying dead on playground equipment," said Jeff Garvas, president of Ohioans For Concealed Carry. "They are playing on fear. No municipality has any facts or research to indicate that law-abiding, licensed gun owners pose any threat or danger, nor has any history of problems in other states been identified."

"It is incumbent upon those who would render citizens in secluded parks and jogging trails defenseless to offer proof that concealed handgun license-holders are causing problems," said Chad Baus, spokesman for OFCC. "As the law now reads, they have absolutely no authority to do what they've done, and a spokesperson for the Ohio Attorney General's office recently agreed."

OFCC has patiently attempted to inform local officials, through previous written correspondence, that what they've done is illegal. If necessary, lawsuits seeking declaratory and injunctive relief will be filed, during the first week of August, against those municipalities that fail to recind these illegal acts. OFCC will seek reimbursement for attorney's fees and Court costs in each case as well.

"The law on that subject is pretty clear," said Hanson. "If a defendant is being stubborn and ignoring their official duties, there is liability for costs and attorney fees from the resulting needless litigation."

"These laws cannot be allowed to continue on the books," said Garvas. "If the municipality chooses to ignore Ohio law, then the taxpayers of that community will bear the financial burden of their elected officials indifference."

Click here to download a .pdf copy of the letter sent to officials in the City of Clyde.

Related Story:
Second Amendment Foundation Endorses Ohio Group's Effort to Repeal Illegal Gun Laws

July 8, 2004
Columbus Dispatch

by Mike Harden, Dispatch Metro columnist

Three months after Ohio became the 46th state to implement a conceal-carry law, some Buckeyes feel safer and others don’t.

"I usually carry a Smith & Wesson .38 special revolver," said Dr. Joe Wildi, a Columbus dentist who totes the weapon with him three to five times a week when making bank deposits from his East Side practice. "I feel safer."

Not so for Toby Hoover, of Toledo, who is executive director of the Ohio Coalition Against Gun Violence.

"The rest of us have been put at a higher risk because of this few number of people — they’re saying 25,000 to 50,000 — who want to carry a gun in their pocket everywhere.

"We’ve been accused of saying there would be bloodshed in the streets, and that is an overstatement."

Nonetheless, Hoover thinks Ohio should establish a central clearinghouse to report any shootings involving a person with a permit to carry a concealed handgun.

"There was nothing put into the law requiring the reporting of any of that information, and we need to ask that question every time there is an incident," she said.

Franklin County has issued 780 conceal-carry permits since the law took effect, said Chief Deputy Steve Martin of the sheriff’s office.

Discussing the law with a handful of those who now qualify for the permits suggests it hasn’t made much of a change in their gun-toting behavior.

"My primary weapon is a .357," said Ken McIntosh, "but I have not had it out of the house since we went to the shooting range to qualify (on March 22).

"I just like the idea, if I choose, to take my weapon with me, and I can now legally do that."

McIntosh’s conceal-carry classmate Richard Urbano, of Columbus, said he carries his Kimber .45-caliber a little more often.

"I’ve got a part-time job at a retail store, and I close up late at night," he said. "The parking lot is dark."

Columbus’ Evalyn Hammonds, a Medicaid health-systems specialist who moonlights as a college basketball referee, said she took the course because she wanted to carry a handgun while returning home late at night from games. She said she has not carried her weapon since the basketball season ended.

Doug Dean, who instructed Hammonds, Urbano, McIntosh and Wildi, said the number of people applying for classes to earn the permit has slacked off since spring.

Dean said he expects it to begin rising again come autumn, given the likelihood that many gun owners didn’t want to fight the early crush of those applying to sheriffs offices for permits in April.

He downplayed the quip from a Cleveland lawyer who said that — given the restrictions on venues where guns are permitted — all that conceal-carry assures is permission for a gun owner to back up and down in his driveway while carrying his gun.

Hoover seems to fear that a nation of officially approved, card-carrying gun toters will spell nothing but unchecked carnage. Any fool knows, though, it is the uncertified ones that should make her tremble for the future.

Commenatary:
As regular readers of this website well know, Toby Hoover is not just "any fool".

July 8, 2004
Dayton Daily News

Story edited for space

Here's an exercise for you to try: take a walk down the street where you live and think like a burglar.

If you wanted to get into a house, which ones would you pick? Can you tell just by looking that someone is probably away on vacation? Knowing that some people stash keys outside in case they lock themselves out, where would be the first places you would look for a hidden key? If it happens to be dark outside, are there shadowy spots around some of the houses where it would be easy to hide and catch a returning homeowner by surprise when he or she opened the door?

Chances are you'll find some fairly obvious vulnerable spots not only around your neighbors' houses but also around your own.

According to the Burglary Prevention Council, professional burglars don't target the typical house; instead they do extensive surveillance and research on the houses where they know lots of easily sold valuables will be found. I don't know about you, but I don't have any diamond tiaras and da Vinci originals lying around, so I figure I'm safe from the best burglars.

What most of us should worry about is the semi-professional burglary who might spend a few hours casing targets and the rank amateurs, often teenaged males from the neighborhood who strike when they happen across an easy opportunity such as an open window or door.

Lots of people leave home for extended periods in summer, which make July and August the months when burglaries tend to happen most often. But there are simple steps you can take to make your house less vulnerable even if you're going to be away for a while.

If you wish to read the "simple steps", click here.

Commentary:
Here are two things the newspaper does NOT mention as ways to make your house and business less vulnerable to burglary: