"The (Clyde) case is clearly the legal precipice for licensed concealed carry in Ohio. From this point forward either persons with a concealed carry license will be able to rely upon their status under state law without regard to the politics of local governments, or they will be facing unknowing criminal prosecution every time they pass over a municipal incorporation boundary limit. License holders should be allowed to travel the state’s roads without constantly facing harassment and threat of criminal charges from activist local governments that are attempting what amounts to a referendum by fiat.

With these words, Ohioans For Concealed Carry has asked the Sandusky County Common Pleas Court to strike down the City of Clyde’s park ban ordinance, and to issue an injunction prohibiting ANY AND ALL conduct on the city’s part attempting to interfere with lawful concealed carry. (Click here to download and read the entire brief in .pdf format)

For the first time since HB12's passage, a Court of law is being asked to rule that municipalities no longer have authority to regulate concealed carry with regard to persons holding a CHL.

Ken Hanson, Litigation Chair in OFCC’s Office of General Counsel, said of the filing:

"State law is state law, and it means what is says. The Attorney General agrees, and his newly-issued opinion on fairgrounds reinforces that. If a municipality does not like some aspect of licensed concealed carry, then they should gather their evidence proving what the problem is, and then go back to the General Assembly for changes. That is what gun owners in Ohio had to do for over a decade."

In addition to challenging Clyde's park ban ordinance, the suit also seeks, preemptively, a broad Order preventing Clyde from attempting to apply the following types of laws to persons with a CHL:

According to a recent report in the Washington Times, most Americans think press coverage is biased and negative.

From the story:

A national survey conducted by the Missouri School of Journalism's Center for Advanced Social Research found that 62 percent consider journalism credible, and more than half rated newspapers and television news as trustworthy.

But 85 percent say they detect a bias in reporting. Of those, 48 percent identified the bias as liberal, 30 percent as conservative, 12 percent as both and 3 percent as "other."

About two-thirds say journalists invade people's privacy too often, and about three-quarters say the news is too negative.

The story also stated that, among the poll's findings:

• 58 percent say journalists have too much influence over what happens in the world.
• 74 percent say reporters tend to favor one side over the other when covering political and social issues.
• About half say the press tends to exaggerate problems or is too sensational in its coverage.
• 77 percent say they think a news story is sometimes killed or buried if it is embarrassing or damaging to the financial interests of a press organization.

George Kennedy, a Missouri journalism professor and co-author of a study that incorporates the survey results, was quoted as saying "the consumers of American journalism respect, value and need it, but they're also skeptical about whether journalists really live up to the standards of accuracy, fairness and respect for others that we profess."

Ohio Concealed Handgun License-holders are certainly familiar with biased and privacy-invading journalism. And in the wake of new developments in OFCC's investigation of how the state issues press credentials, questions of at least one newspaper living up to standards of fairness and respect for others are likely also to continue.

Anyone who has ever been called by a reporter for a major Ohio newspaper knows they expect to get answers, and quickly, when they ask them. We thought it would be interesting to see if the same standards would be applied in the reverse...

Click on the "Read More..." link below for more.

Yet another eye-opening study course has been added to the PAC Education Guide.

By Ken Hanson, Esq.
Litigation Chair, Office of General Counsel
Ohioans For Concealed Carry

There is considerable confusion over whether an Ohio Concealed Handgun Licensee (CHL) can carry a concealed firearm at the post office. This confusion mostly centers around the wording on the signs posted at the post office.

Attorney Ken Hanson has this to say of his examination of this issue:

"I do not want to be right about the answer to this question, because I personally see no problem with a CHL carrying in a post office. However, I think some of the information/discussion going on in forums has the potential to expose the Ohio CHL to a rude awakening."

Hanson's piece can be accessed in the PAC Education Guide - it's time for class!

April 26, 2005
Investors' Business Daily

By John R. Lott Jr.

Every product has illegitimate uses and undesirable consequences, but even lawsuits have had their limits. In 2002 in the U.S., car accidents killed 45,380 people and injured another 3 million, 838 children under the age of 15 drowned, 474 children died from residential fires, and 130 children died in bicycle accidents.

Fortunately, local governments haven’t started recouping medical costs or police salaries by suing auto or bicycle companies, pool builders or makers of home heaters.

All sorts of products, including cars and computers, are also used in the commission of crimes. But again, no one yet seriously proposes that these companies be sued for the losses from these crimes.

People understand what makes a car useful for everyday life also makes it useful to escape a crime and that you can't hold a car company liable for a product that’s working exactly as it should. They understand that the penalty should be on the person who uses the product improperly.

Yet suing manufacturers for costs cities incur from gun injuries and deaths is exactly the theory behind government lawsuits by cities against gun makers. George Soros, via the Brady Campaign, has funded most of these suits.

Last week, the House Judiciary Committee marked up their version of a bill to limit these suits, and the Senate will finally decide within the next couple of weeks whether these suits will continue. Last year the "Protection of Lawful Commerce in Arms Act" to rein in these suits was defeated when Democrats added amendments to extend the so-called assault weapons ban.

Generally, suits against gun makers haven't had any more legal success than if similar suits had been brought against car companies. There have been some short term victories such as a decision last week by the D.C. Court of Appeals that will let the city sue makers of so-called "assault weapons" used in crime.

But while gun control advocates can dream about more such victories, the Brady Campaign had more practical goals: imposing large legal costs on gun makers.

Click here to read the entire op-ed.

AZ: Guns-in-bars bill vetoed

Gov. Janet Napolitano said no on Monday to mixing guns and alcohol in Arizona nightspots.

Napolitano rejected a bill that would have allowed patrons to carry loaded guns into bars, nightclubs and restaurants as long as the patrons didn't imbibe. She delivered that veto along with eight others, rejecting more bills in one day since the 16 budget measures she vetoed last month.

The governor risks angering the National Rifle Association, which claims 100,000 members in Arizona and has lobbied for two years so gun owners could dine in restaurants that served alcohol without leaving their guns behind.

Napolitano said she is a strong supporter of the Second Amendment, but she chose to side with Arizona's tourism and hospitality industry…

Although Republicans hold majorities in the House and Senate, overriding the veto would seem unlikely. Lawmakers would need 40 of 90 House votes and 20 of 30 in the Senate. The bill passed with 36 House votes and 17 in the Senate.

Todd Rathner of Tucson, a member of the NRA's national board of directors, said that the bill will return next year and that he doesn't envision any attempt to water it down. He also said the veto could harm Napolitano's chances for re-election in 2006, adding that "law-abiding gun owners in Arizona have a very long memory."

"She says she supports the Second Amendment and supports law-abiding gun owners," Rathner said of Napolitano. "This was her first real test on that, and she failed it miserably."

FL: Gov. Bush Signs "Castle Doctrine" Self-Defense Law

Tuesday, in a ceremony at the state capitol, Gov. Jeb Bush signed Florida’s “Castle Doctrine” (SB-436) into law. Sponsored by Senator Durell Peaden and Representative Dennis Baxley, the bill unanimously passed the Senate and overwhelmingly passed in the House, 94-20.

Prior to signing the National Rifle Association (NRA) supported bill, Gov. Jeb Bush stated, "It`s a good, commonsense, anti-crime issue."

The "Castle Doctrine" simply says that if a criminal breaks into your home, your occupied vehicle or your place of business, you may presume he is there to do bodily harm and you may use any force against him.

It also removes the “duty to retreat” if you are attacked in any place you have a right to be.

Furthermore, this law provides protection from criminal prosecution and civil litigation for those who defend themselves from criminal attack.

Past National Rifle Association (NRA) president and current Executive Director of Unified Sportsmen of Florida, Marion P. Hammer, stated, "Existing law is on the side of the criminal. The new law is on the side of the law-abiding victim."

UPDATE: Toledo Blade editorial: Duel at high noon?

MN: Right-To-Carry Bill Will Probably Pass

A tweaked version of a handgun-permitting law that was invalidated by Minnesota's courts picked up momentum in the Legislature on Wednesday, and could be back on the books by the time lawmakers adjourn in May.

Critics of the bill said they'd have a hard time stopping it, and Senate DFL Majority Leader Dean Johnson of Willmar said he doesn't plan to block a vote.

In response to a request from the Preble County Prosecuting Attorney, Attorney General Jim Petro has issued an opinion that coincides with one Ohioans For Concealed Carry has maintained since House Bill 12, Ohio's concealed carry law, went into effect:

Ohio county fairboards may not post "no-guns" signs on fairgrounds property other than buildings, and concealed carry by licensed individuals is NOT prohibited there.

The extensive ruling finds, in summary:

"...A board of county commissioners may not prohibit a person licensed to carry
a concealed handgun under R.C. 2923.125 or R.C. 2923.1213 from carrying a concealed
handgun on property that is not within a building. Charging a fee for admission to an event on property that is not within a building does not permit a board of county commissioners to prohibit a person licensed to carry a concealed handgun under R.C. 2923.125 or R.C. 2923.1213 from carrying a concealed handgun on the property."

Click here to download the entire opinion (in .pdf format) from the Attorney General's website.

The list of county fair boards which have posted signs in violation of the law is available on OFCC's Do Not Patronize While Armed database of taxpayer-funded entities.

The Columbus Dispatch is reporting that a State Highway Patrol probe into how state liquor agents gave a real person’s identity to an undercover informant could lead all the way to the Miami County prosecutor’s involvement.

From the story:

The investigation will center on how the liquor agents, who enforce Ohio’s alcohol-permit laws, came into possession of a woman’s driver’s license and how it was given to a confidential informant working for the Troy Police Department, patrol spokesman Lt. Rick Zwayer said.

Even Miami County Prosecutor Gary Nasal’s involvement could be scrutinized, Zwayer said.

Investigators "are going to look into those things," Zwayer said. "That’s part of a thorough and accurate investigation to look toward those leads, take them."

Nasal, who had helped coordinate the sting operation that eventually closed the Total Xposure nude dance club in late 2003, said he welcomed the investigation.

Perhaps Nasal is hoping for the same type of "investigation" he gave Sheriff Kevin O'Leary, in a case involving the illegal release of concealed handgun license-holders' private information.

Again, from the story:

Ohio Rep. Jim Hughes, the Columbus Republican who sponsored the 2002 change, said an amendment will be introduced today in the Senate Criminal Justice Committee clarifying when police can use a person’s identifying information.

The amendment will allow police to use a person’s information only to investigate identity theft when that person is the victim, Hughes said. The amendment also will require that law enforcement get written or verbal permission from the victim, he said.

"They can't use it in another investigation," Hughes said. "I disagree with the interpretation of the prosecutor from Troy, Ohio, and every subsequent prosecutor or law-enforcement person I've spoken with disagrees with it, too."

Related Story:
Gary Nasal's 8 mo. "investigation" yields no indictment of Sheriff O'Leary

Lorain: Police: Would-be robber shot

A would-be robber was killed and the intended victim was wounded six times when three masked and armed assailants invaded his G Street duplex just before midnight Tuesday in what police are calling a botched robbery. William Fiske, 20, who said he survived five gunshot wounds in his back and one in his arm, was treated at Community Health Partners and had been released by 5 a.m.

Darren English, 19, of Lorain, fled and collapsed a few blocks from Fiske's residence. He was pronounced dead at CHP, and police said they believe the single gunshot wound to the chest came from one of his cohorts' weapons since Fiske was unarmed.

Julian L. Smith, 19, of Lorain, and a 14-year-old local boy were found by police shortly afterward in the surrounding neighborhood and arrested. Smith has been charged with murder, police said, and the boy was also arraigned yesterday but the charges against him weren't known. ''Apparently, they got into a violent physical confrontation with Mr. Fiske,'' said police Lt. Jim Rohner, who wouldn't divulge the exact location where English's body was found or details of the others' arrests.

Fiske told a reporter that he heard knocking on a side door shortly before midnight, and when he opened it, three tall black males wearing ski masks stormed in and pushed him back into his kitchen. ''They came into the house,'' said Fiske. ''They rushed in.'' He started struggling with them, he said, and then felt pain in his back as he heard several loud ''pops.''

The three assailants then fled, Fiske said, and he called 911. Police quickly responded and were scouring the area when they found the mortally wounded English and arrested the two others. Police said three revolvers were recovered nearby. Fiske said he didn't know the attackers and they didn't say anything when they stormed in.

This man was incredibly lucky to have survived six gunshot wounds. Statistics show injuries are more likely to occur when attempting to fend off an attack with anything other than a firearm.

Columbus: Police: Shots Fired After Man Fights Off Intruders Inside Home

Police said a man who might have broken into a northeast side home checked himself into a hospital early Thursday with a gunshot wound.


According to police, a couple was inside a home on Gatewood Court with their two children when two people came into the house and started shooting. The parents of the children fought back, and police said one of the intruders was hurt, NBC 4's Elizabeth Scarborough reported. Police said a 9-month-old child was inside the home, along with a 4 ½-year-old brother. The parents, who are boyfriend and girlfriend, were in a bathroom at the time of the shooting, Scarborough reported.

Early reports indicated that the criminals entered the house through a back door and began shooting. One of them might have been wearing a security uniform, Scarborough reported. Either the boyfriend or girlfriend returned fire, Scarborough reported. One bullet went through the wall into a next-door apartment, Scarborough reported. At least one of the intruders was hurt, but they fled the home, police said. Later, a man walked into St. Anne's Hospital's emergency room with a gunshot wound. Police were investigating whether he was involved in the break-in.

There is no higher calling for a parent than to protect their children. These parents took the proper precautions by arming themselves, and when danger called, they were able to respond.

Whether for safety, skill or sport, pistol packin' mamas are everywhere

April 25, 2005
FloridaToday.com

You see them every day, shopping or dining with children, stopped at traffic lights next to you or walking alone at night through store parking lots.

Chances are, a woman you saw today was carrying a gun.

In fact, nearly 50,000 women in Florida are licensed to carry a weapon concealed on their person or in their vehicle.

Commentary:
The more stories like these are told, the more criminals will fear making an attack.

In 1966 the police in Orlando, Florida, responded to a rape epidemic by embarking on a highly publicized program to train 2,500 women in firearm use. The next year rape fell by 88 percent in Orlando (the only major city to experience a decrease that year); burglary fell by 25 percent. Not one of the 2,500 women actually ended up firing her weapon; the deterrent effect of the publicity sufficed." (Congressional Record, 90th Cong., 2d sess., January 30, 1968, p. 1496, n. 7) Five years later Orlando's rape rate was still 13 percent below the pre-program level, whereas the surrounding standard metropolitan area had suffered a 308 percent increase.

The Columbus Dispatch is reporting that Ohio Supreme Court Chief Justice Thomas J. Moyer last week appointed Justice Maureen O’Connor to head a new statewide committee to address court safety and security. The report says Moyer and O’Connor attended a national summit on the issue.

From the story:

O’Connor, who formerly headed Ohio’s Security Task Force as lieutenant governor and director of public safety, served as a panelist.

She said the new Ohio Advisory Committee on Security & Emergency Preparedness will focus on identifying best practices for courthouse security, sharing that information and implementing the practices.

Moyer, chair of the summit, said that although Ohio has been a national leader in securing its courtrooms, he appointed the advisory committee because work still needs to be done in assessing the security practices of Ohio’s courthouses, standardizing practices across the 88 counties and securing resources necessary to keep courtrooms safe.

Court and classroom safety is a subject that has drawn increased attention in recent weeks, in the wake of several high-profile shootings in places where guns are banned. A difficult lesson was learned by the nation in the Red Lake High School tragedy, where all the “feel-good” safety precautions on the world were unable to stop a determined killer.

Back here in Ohio, it’s not just the Supreme Court taking a fresh look at safety – Ohio schools have a lot on their mind as well.

Click on the "Read More..." link below for more.