Ohio’s concealed-carry law has good track record

Editor's Note: The following was originally published in The Columbus Dispatch. Republished with permission of the author.

Today marks the 10-year anniversary of licensed concealed carry in Ohio. According to the end-of-year report prepared by the Ohio attorney general in December, more than 408,000 Ohioans are carrying concealed-carry licenses. To put this into perspective, at least 1 in 20 Buckeyes over age 21 have concealed-carry licenses.

April 8, 2004, the date Ohio’s concealed-carry law went into effect, marked the end of nearly 10 years of legislative battles. No longer would the General Assembly be debating if citizens should be allowed to carry concealed handguns; instead, the next 10 years of debate shifted to questions of when and where citizens would be allowed to carry them. The ensuing debates and court decisions illustrate a seismic shift in public opinion toward carrying handguns.

Prior to 2004, federal courts routinely ruled that any gun-control measure, however onerous, did not violate the Second Amendment. In point of fact, the only Supreme Court decision to squarely address the issue ruled that the Second Amendment wasn’t a right at all. But since 2004, the U.S. Supreme Court has ruled that the Second Amendment is a right and struck down Washington, D.C.’s gun ban. The court also has ruled that the Second Amendment applies to the states, striking down Chicago’s Draconian gun control. Lower federal courts also have ruled against gun-control laws.

Similarly, Ohio courts rediscovered gun rights within the Ohio constitution. Prior to 2004, the Ohio Supreme Court ruled that there was a right to self-defense, but no gun ban ever passed violated this right. Since 2004, the Ohio Supreme Court twice has ruled against city gun bans.

The passage of Ohio’s original concealed-carry law was very much an exercise in the art of the possible. A flawed law was accepted by gun-rights advocates on the theory that as people became accustomed to concealed carry, the law could be slowly improved. Since 2004, all 50 states have adopted some form of licensed concealed carry. Ohio has repeatedly improved concealed-carry laws over the past 10 years, each improvement met with a surge in new applications.

Opponents predicted woe and misery, blood in the streets and dire consequences every time a gun-rights bill passed. These predictions proved to be false every step of the way.

Despite this sterling, real-world track record, gun-rights proponents continue to labor under Cassandra’s curse. Nationwide experience shows that predictions in favor of pro-self-defense laws will turn out to be correct. But no matter how many times these predictions prove to be correct, the next debate on gun rights ignores this historical scorecard.

One wonders when those media outlets that had predicted doom will go back and compare their editorial positions with the subsequent real-world results.

In a typical year, I give legal lectures to more than 2,500 students in concealed-carry classes. I also present continuing legal education on the topic of gun laws. If I am asked to describe the typical concealed-carry licensee, I am usually at a loss. The typical licensee is: many skin colors and nationalities, native born and immigrant, young, old, middle-aged, male, female, healthy, profoundly unhealthy, a highly educated professional, someone with a GED struggling paycheck to paycheck, self-employed, investor, salaried, retired, military, Democrat, Republican, Libertarian, religious cleric, member of a congregation security team, teacher, dentist, lawyer, divorced, married, heterosexual, gay, lesbian, bisexual and transgender.

While certain demographics might be more likely to have a concealed-handgun license than others, the proverbial rainbow is walking amongst us while armed.

This diverse collection of people gathers in the classroom and on the range and find they have the same concerns, desires and fears. They talk with each other, laugh and share car rides to the range. Personal safety unites them all within this self-defense environment.

On this 10th anniversary of Ohio’s wildly successful concealed-carry law, I ask for one favor. The next time you read or hear about proposed “common sense” gun-control laws, or objections and dire predictions about pro-self-defense laws, take a deep breath and objectively consider the historical evidence of your neighbors carrying guns.

I think you will find, once the initial emotional reaction is set aside, that there is no factual reason to agree with those who have opposed pro-self-defense laws every step of the way.

Ken Hanson is a Delaware attorney active in gun-rights legislation, litigation and lobbying.

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