Article Archive

Suit seeks the beginning of the end for local gun ordinances

"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:

  • Park "rules" on firearms
  • Gun Owner ID cards
  • Magazine restrictions
  • Ammunition restrictions
  • "Ugly gun" bans (AWB or Saturday night special)
  • Any rule or law on firearms adopted under the aegis of local government

    The City of Clyde has filed a counter-claim seeking to have one part of HB12, Section 9, declared unconstitutional.

    "This is the part that is baffling to me. Our arguments have nothing to do with Section 9, and Section 9 is not mentioned in our pleadings anyplace. The case law on this issue has existed for decades, with or without Section 9. Even if Clyde does succeed, which is not likely, all that means is that Section 9 would be severed from HB12, and all of our arguments would still stand unscathed," said Hanson.

    Asked about the fact that Clyde's counter-suit would have no legal effect, even if successful, OFCC spokesperson Jim Irvine said "The law on this could not be more clear. One has to wonder what Clyde residents think about their tax dollars being spent on ego trips that have no basis in law."

    Attorney General Jim Petro has intervened in the suit to defend the state law, and argue that statewide regulation of concealed carry means that local ordinances are invalid. It is expected that his pleadings will be available for posting any day.

    Click on the "Read More..." link below for information on how you can help fund this lawsuit.

  • Poll's negative view of press finds example close to home

    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.

    Education Guide Lesson #9: Post office CCW may lead to rude awakening

    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!

    Time to Level Playing Field for Gun Makers

    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.

    CCW news from around the nation

    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.