Another Ohio CCW Win


The Toledo Blade reports that another Ohio judge has struck down the state's concealed carry ban as unconstitutional. Judge Michael Kelbley is the fifth Ohio judge, and second County judge to find the ban unconstitutional.

The Ohio Constitution clearly states, in Article 1, Section 4, that "The people have the right to bear arms for their defense and security ..." Judge Kelbley of the Seneca County Common Peas Court wrote in his decision that, "The statute deprives Ohio citizens of an effective means of self-defense. The Ohio Constitution affirms the right to self-defense, even by the use of arms."

"An innocent person is subject, under the statute, to prosecution for a felony ... In other words, she is presumed guilty unless she can somehow prove herself innocent," Judge Kelbley wrote.

Kelbley also dismissed felony charges against a woman who was arrested near Fostoria for carrying a loaded 9mm pistol under her car seat. She claimed that she had been raped twice, and was afraid for her safety.

County Prosecutor Ken Egbert, Jr., wants her convicted, and said that he would appeal the decision to the 3rd District Court of Appeals. OFCC reports that in the meantime, Egbert plans to enforce the ban with due diligence. "The law of carrying a concealed weapon is still going to be enforced," said Egbert.



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Comments

I helped the judge in putting this opinion together. It was based on Ohio's Constitution, not the U.S. Constitution's 2nd Amendment. So be careful not to represent the case as a 2nd Amendment case.

Posted by: Scott B. Johnson at February 15, 2003 7:41 PM

Yeah, I'm definately aware of the distinction. I have been considering changing the name of the category to better reflect the content, but I haven't been able to think of anything good. The category really reflects firearms-related issues and not just the Second specifically.

I would change it to something like 'Guns! Guns! Guns!' but that's already been taken by Rachel Lucas.

Posted by: Ravenwood at February 15, 2003 8:18 PM

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