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Hamilton County's First District Court of Appeals decided a case, reported by the Ohio Bar Reports as follows:
Criminal Law-Assault-Self-Defense-Home-Duty to Retreat
In bench trial, defendant was convicted of aggravated assault arising out of his firing a warning shot, while he was in his apartment, toward an attacker who had threatened defendant with bodily harm outside apartment building; pursued him to his apartment; and entered to attack him. Trial court erred as matter of law since defendant had right, while in his own home, to use all reasonable force, including deadly force, to repel attacker threatening death or great bodily harm, and he had no duty to retreat, even if there was an opportunity to do so.
State v. Miller (1st Dist.-2002) 149 Ohio App.3d 782
The Associated Press has published an article concerning an individual's right to bear arms. Also featured is a poll question in relation to the topic.
This is the same court that ruled the Pledge of Allegiance unconstitutional. The 9th Circuit Court is the most overturned court in the United States. It is likely the United States Supreme Court will take up this case, and rule on the Constitution's recognition of the individual right to bear arms.
The Dayton Daily News has printed yet another in the major Ohio media's long list of misinformed anti-CCW editorials. Click here to read the entire Dayton Daily News editorial.
Ironically, the editorial was printed in the same issue as appeared a story noting that Dayton has been ranked as the 15th-most dangerous city in the United States. Other Ohio cities in the top 25 included Youngstown (19th), and Cleveland (22nd).
Click here to read the entire Dayton Daily News story on dangerous Ohio cities.
The rankings are based on a city’s rate for six crime categories: murder, rape, robbery, aggravated assault, burglary and motor vehicle theft. These are just the sorts of violent crimes that are PROVEN to have been reduced in states where Concealed Carry Reform has been enacted.
Letters to the editor may be sent to email@example.com.
Don't look for Ohio's concealed-weapons ban to be lifted any time soon.
A bill that would have allowed most Ohioans to carry handguns in purses, pockets and holsters appeared dead yesterday, when the Ohio House went home for the year knowing members needed to take one last vote on it.
House Speaker Larry Householder, a Perry County Republican, blamed the Senate for the bill's demise - saying a compromise bill crafted by Senate Civil Justice Chairman Jeff Jacobson watered down "a model bill."
"And now that same bill is being called the most restrictive concealed-carry bill in the country," Householder said. "People who were advocates are now saying it's a gun control bill, and that means, in this body, with these members, it's not going to pass."
"We commend the speaker for that decision and not caving to pressure to pass a politically correct bill rather than a proper bill," said Jeff Garvas of the Ohioans for Concealed Carry.
Legislators have been tinkering for weeks with legislation to permit concealed carrying of handguns by qualified people 21 and older, but their time seems to have run out.
Yesterday evening, as members of the House left for home, Speaker Larry Householder, R-Glenford, said they wouldn't be back this year.
Even if the Senate passed a palatable version of the bill, he said, he would not call House members back to vote on it.
That would kill the bill, leaving it to be reintroduced in January, when a new legislature convenes. Householder said that was likely.
"We're sort of back where we were originally,'' he said. Key changes made by the Senate to the bill, which originated in the House, included rules that were called too stringent by some guns-rights groups.
House Republicans agreed.
Click here to read the entire Columbus Dispatch story. (subscription site - paid access only). An archived version follows. Even the Dispatch points out there is one last way for Concealed Carry Reform to be passed this session.
"A plan to legalize concealed weapons in Ohio has just been killed in the legislature. State representatives have gone home and won't return until January. That's the earliest the proposal could be brought back to life", Statehouse correspondent Bill Cohen reports.
Republicans representatives Larry Householder and Tim Grendell can be heard denouncing the Senate's attempts to gut this bill, and Representative Jim Aslanides (sponsor of HB274) vows to return in January with a new bill, and says he is already lining up co-sponsors.
When you hear the next set of quotes, you'll realize Democrats Lance Mason and Ed Jerse need to be informed about the benefits of Concealed Carry Reform, as experienced in 43 other states.
If you have Real Audio Player, click here for a streaming audio link from our website.
You can listen to the clip on The StateNews Website by clicking here.
There is still ONE chance for Concealed Carry Reform to pass in the 124th General Assembly. See the message at the top of the homepage for more information, or click on the Grassroots Action Guide icon in the menu bar.
A bill to allow Ohioans to carry hidden guns is dead unless the Senate removes certain restrictions, including a requirement for fingerprinting, House Speaker Larry Householder said Friday.
"We had model legislation in Ohio that other states were going to use -- a fantastic bill," said Householder, a Republican from Glenford. "It goes over to the Senate and what we're about to get back is the most cumbersome, restrictive conceal-carry bill in the country. So we think we've got a problem."
Commentary by Chad D. Baus:
It's not too late for Senators Finan and Jacobson to do the right thing, and pass HB274 (7), as was passed by the House nearly 8 months ago. To urge them to utilize their last chance do the right thing, click here to access the Grassroots Action Guide.
Hundreds of OFCC PAC volunteers worked long and hard to assist the majority in the Senate for Election 2002.
One example of the impact this effort had can be seen in northeast Ohio's 13th Senate district. Thousands of OFCC PAC voter guides were mailed to this district. Messages were posted on this website recommending Senator Armbruster over his opponent, and volunteers put up yard signs and donated their time to the Armbruster campaign.
According to a just announced and final recount of the votes, Senator Armbruster won by a scant 374 votes. Armbruster's win gives the Republican party a super-majority, allowing them the power to vote to suspend certain procedural rules in order to fast-track legislation. Senator Lynn Wachtmann (R-Napoleon) has said that he gives "full credit to OFCC PAC and the NRA" for winning this seat.
So what have Republican Senators Finan and Jacobson done in response to this key pro-CCW grassroots action that produced such key results for them? They have conspired behind closed doors with a police labor union and Governor Taft to delay, delay, delay a vote, and then to gut HB274 until it became virtually unrecognizable.
After publishing multiple editorials spouting the typical uninformed rhetoric opposing Concealed Carry Reform, the Columbus Dispatch has finally decided to allow a story to be printed which admits to the SUCCESS of such laws in other states.
Should readers be at all suspicious that the Dispatch waited until a Senate committee has knuckled under to a police union and Gov. Taft using the exact same fear warnings that failed to materialize on these other states? The author of the story may be emailed at firstname.lastname@example.org. His boss, Ben Marrison, can be reached at email@example.com. Letters to the Editor (for publications consideration) may be sent to firstname.lastname@example.org.
Click here to read the entire Columbus Dispatch story. (subscription site - paid access only). An archived version follows.
THE COLUMBUS DISPATCH
The Senate Judiciary Committee (Civil Justice), chaired by Senator Jeff Jacobson, has announced that it will have a sixth hearing, and a possible vote, on an as-yet-to-be-seen, Amended Sub. HB274.
The hearing will occur on Tuesday, December 10, 2002 at 9:30 a.m. in the Senate Finance Hearing Room.
Two questions loom large in advance of this hearing:
1) Does it matter? House Speaker Larry Householder says the Senate Committee has had six months, and that they're out of time. He plans on adjourning the House tomorrow.
2) Will the Amended Sub. HB274 bill be better, or even worse than Sub. HB274? Multiple reports say the Senate is still working to meet a lengthy new list of new demands from Gov. Bob Taft. Those involve locking guns in moving vehicles, safe-storage education and offers of trigger locks whenever Ohioans buy a gun or apply for a permit.
Unless the Finan/Jacobson/Taft tide reverses flow, it appears the only hope for HB274 Tuesday is an "as-passed-by-the-House" amendment on the Senate floor.