Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Ohio Court of Appeals Rejects Ban on Right to Carry

Sunday, April 14, 2002

On Wednesday, a three-judge panel from the 1st Ohio District Court of Appeals held that Ohio’s ban on carrying concealed firearms violates Article 1 of the state Constitution—a ruling that upholds a January 10 decision by Judge Robert P. Ruehlman. When announcing the unanimous decision, presiding Judge Mark P. Painter read from Article 1, stating, "The people have the right to bear arms for their defense and security." He followed by claiming, "We believe they [the state’s founding fathers] meant what they said."

Ohio is one of only six states that currently prohibits all law-abiding citizens from carrying concealed firearms for personal protection, and does not offer a clear exemption to this prohibition for civilians. And while the law in question has a provision that justifies a "prudent person in going armed," this provision is what is referred to as an "affirmative defense," and can be used only after an individual has been arrested and indicted. Judge Painter commented, "No Ohioan can exercise the constitutional right to bear arms, whether concealed or unconcealed, without risking jail….We know of no other situation where a citizen is guilty until proven innocent." Wednesday’s ruling also found the "prudent person" provision incomprehensible to the ordinary citizen, pointing out that even a seasoned law officer could not determine its true meaning, leaving the law open to arbitrary enforcement.

What this ruling will ultimately mean to law-abiding Ohioans remains to be seen, as the gun-ban lobby formerly known as HCI promises another appeal is in the works. This anti-gun extremist organization, through what it calls the "Brady Center’s Legal Action Project," has been assisting the defendants in the case—which includes Hamilton County, Cincinnati, and the state of Ohio—by acting as co-counsel. The next stop for this case should be the Ohio Supreme Court, and we’ll be sure to keep you abreast of any new developments.

TRENDING NOW
The Washington Post Gives Gun Control Group and U.S. Senator Three Pinocchios on Suppressors

News  

Second Amendment  

Friday, March 24, 2017

The Washington Post Gives Gun Control Group and U.S. Senator Three Pinocchios on Suppressors

Last week, we wrote about Americans for Responsible Solutions’ irresponsible misinformation about The Hearing Protection Act on Twitter.  Apparently, we weren’t the only ones who took notice of ARS’s complete disregard for the facts on ...

Seattle Gun Tax Fails to Generate Projected Revenue, Succeeds in Burdening Rights

News  

Gun Laws  

Friday, March 24, 2017

Seattle Gun Tax Fails to Generate Projected Revenue, Succeeds in Burdening Rights

On March 16, 2017, the Seattle Times reported that Seattle city officials were reluctant to release data on the revenue generated by the city’s firearms and ammunition tax, citing taxpayer confidentiality concerns. Less than a ...

Trump’s Supreme Court Nominee Embraces Heller and Originalism During Senate Hearings

News  

Second Amendment  

Friday, March 24, 2017

Trump’s Supreme Court Nominee Embraces Heller and Originalism During Senate Hearings

Judge Neil M. Gorsuch, President Trump’s pick to replace the late Justice Antonin Scalia on the U.S. Supreme court, asserted during his confirmation hearings this week that Scalia’s landmark Second Amendment opinion in District of ...

Wisconsin: Important Right to Carry Bill Introduced

Tuesday, March 28, 2017

Wisconsin: Important Right to Carry Bill Introduced

Today, LRB 2039/1 was introduced to the Wisconsin State Legislature.  This Right to Carry bill would allow for the concealed carry of a firearm without a concealed carry license anywhere in the state where an ...

More Firearms, More Firearms Owners, Fewer Fatal Accidents

News  

Second Amendment  

Friday, March 24, 2017

More Firearms, More Firearms Owners, Fewer Fatal Accidents

The National Safety Council released the 2017 edition of its annual Injury Facts report this week, and it contains welcome news about firearm safety. 

Virginia Action Needed: Governor McAuliffe Vetoes Self-Defense Bills

Monday, March 27, 2017

Virginia Action Needed: Governor McAuliffe Vetoes Self-Defense Bills

Following their passage in the Virginia General Assembly, Governor Terry McAuliffe vetoed multiple self-defense bills; Senate Bill 1299, Senate Bill 1300, House Bill 1852, and House Bill 1853. 

News  

Monday, March 27, 2017

NRA Applauds Texas State Senate for Passing SB 16

The National Rifle Association Institute for Legislative Action applauds the Texas Senate today for passing Senate Bill 16, legislation that substantially reduces License To Carry fees in the Lone Star state.

Oklahoma: Multiple Pro-Gun Bills Passed Out of the House

Friday, March 24, 2017

Oklahoma: Multiple Pro-Gun Bills Passed Out of the House

This week, the Oklahoma House of Representatives passed multiple pro-gun bills, including House Bill 1721, House Bill 2323, and House Bill 2322. 

Illinois: Gun Seizure Bill Could be Heard by House at Any Time

Tuesday, March 21, 2017

Illinois: Gun Seizure Bill Could be Heard by House at Any Time

The Illinois House of Representatives could consider House Bill 2354 at any time.

Continuing to Fight in California

Friday, March 24, 2017

Continuing to Fight in California

We are excited to inform you of our new California specific webpage – Stand and Fight California.   On this page you will find State Legislation, Legal Updates, and How to Get Involved, among other California ...

MORE TRENDING +
LESS TRENDING -
NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.