Seneca County Prosecutor seeks stay of decision on gun law
2:45 p.m. 2/14/03 - The motion has been denied. Click here for the full story.
TIFFIN - Seneca County's prosecutor has taken the first step in appealing a decision that made Ohio's law against carrying a concealed weapon unconstitutional in the county.
County Prosecutor Ken Egbert Jr. filed a motion Thursday afternoon in Seneca County Common Pleas Court asking Judge Michael P. Kelbley for an emergency stay on the decision he issued Tuesday declaring the law unconstitutional.
"I feel compelled to ask the trial court first," Egbert said.
A hearing on the matter is scheduled for 1:30 p.m. today.
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The motion states that an appeal of the decision will be filed with the Third District Court of Appeals in Lima no later than today.
Egbert also said that if his motion is denied, he will be taking up that matter with the appeals court also.
Mr. Egbert, in his request for a stay, argued that Judge Kelbley’s ruling "places law enforcement personnel at risk, and the citizens of Seneca County by sanctioning persons to carry concealed firearms on their person and loaded firearms in their motor vehicles ready at hand."
He also cites a possible unequal application of concealed-carry legislation based on which judge is assigned to hear any such cases in the future.
The decision should be stayed "to avoid all of these unintended consequences while the issue of the law's constitutionality is reviewed at the appellate level," the motion states.