Op-Ed: Preserving Our Second Amendment Rights

As a judge on the Eleventh District Court of Appeals, covering northeastern Ohio, I often consider cases concerning our vital right to bear arms as established in the United States Constitution and as upheld by the U.S. Supreme Court the case of District of Columbia v. Heller. It is no coincidence that the right to bear arms is enshrined in the Second Amendment, which immediately follows the First Amendment, protecting our freedom of speech, religion, and assembly. Ultimately, you cannot exercise your First Amendment right without the right to protect yourself. Ohio has specifically enshrined this right in its own Constitution and the Conceal-Carry law.

I am proud of my record, as a Judge, of supporting our right to bear arms. I think it is important for gun owners to be aware of how the courts are interpreting and applying our gun laws. During the past year, I sat on three cases which are particularly relevant to understanding how the courts of Ohio are affecting your gun rights. These particularly concern issues of illegal search and seizure; the ability to obtain a CCW Permit and the ability to possess a legal firearm when picking up our children at school.

In State v. Hancovsky, 11th Dist. 2015-Ohio-2602, Mr. Hancovsky was convicted of improperly handling a firearm in a motor vehicle, a 5th degree felony. Due to his conviction, Hancovsky was prohibited from owning a firearm and lost his Conceal-Carry Permit. I wrote the majority opinion that restored his right to own a firearm and his carry-conceal Permit. I found that Mr. Hancovsky’s conviction was against the manifest weight of the evidence as he was never inside the motor vehicle while he was intoxicated and thus was not in “possession” of the firearm.

I dissented firmly in a case, In re Petition of Wells, 2015-Ohio-2606. Mr. Wells had low level felony convictions dating from 1980, that prevented him from obtaining a Conceal-Carry permit. For 34 years since, he had led a law-abiding life. He petitioned to have his disability lifted – and the trial court refused, finding the relevant statute did not permit this. My colleagues on the Court of Appeals agreed. I noted that the result was “inconsistent, illogical and absurd.” It was.

In State v. DiNardo, 2015-Ohio-1061, I again dissented. Mr. DiNardo was convicted of illegal possession of a deadly weapon in a school zone. DiNardo, who had a Conceal-Carry permit, drove his daughter to the school where her mother (his ex-wife) worked to get the girl’s cell phone. His ex-wife called 911 to report an unwanted guest in the parking lot. The police arrived and a confrontation ensued. DiNardo was convicted even though the recording of the 911 call had been erased. DiNardo lost his ability to carry a firearm. I dissented as it was the 911 call of DiNardo’s ex-wife that precipitated his arrest and this evidence was crucial to his defense.

Both my husband and I are CCW Permit holders as well safe and responsible gun owners. My husband, David, is a Marine veteran, who teaches Conceal-Carry classes for people who want to obtain their Conceal-Carry Permit. David has his CCW Permit – I have long had mine – our two sons and stepdaughter have theirs. We do this because, like every citizen, we understand that guns, properly used, preserve safety and liberty. I urge all of my fellow gun owners to follow how the courts interpret the Second Amendment and our gun laws, as it directly affects this vital right.

Judge Colleen Mary O’Toole is a Judge on the Eleventh District Court of Appeals. She is running this year for a seat on the Ohio Supreme Court.