Ravenwood - 04/10/03 10:50 AM
The State of Ohio has been trying to pass CCW legislation that will finally permit Ohioans to carry concealed firearms. HB12 passed the House, but was put on hold by the Senate committee, while they try to figure out how they can fuck up alter the bill to appease their gun grabbing supporters. Ohio CCW offers an interesting map illustrating just how much support there was for the bill in the Ohio House.
So can Ohio citizens not carry hand guns at all? Can they have a permit to carry, or is this so they can carry without a handgun?
Posted by: John Mays at April 10, 2003 11:21 AMOhio state law prohibits the carrying of concealed firearms. It was so restrictive that it mandated an "affirmative defense" position, that placed the burden of proof on the defendant. That means that a person caught with a concealed weapon in Ohio is presumed guilty of the statute, and must prove his innocence or 'establish an affirmative defense' that a judge will agree with. The Firearms Law Center notes that according to Ohio code, there are four affirmative defenses that may be established for carrying a concealed weapon.
An individual who is arrested and prosecuted for possessing a concealed firearm, and is not otherwise prohibited by law from owning or possessing such a weapon, may raise certain affirmative defenses under section 2923.12(C):
(1) The weapon was carried or kept ready at hand by the actor for defensive purposes, while the actor was engaged in or was going to or from the actor's lawful business or occupation, which business or occupation was of such character or was necessarily carried on in such manner or at such a time or place as to render the actor particularly susceptible to criminal attack, such as would justify a prudent person in going armed;
(2) The weapon was carried or kept ready at hand by the actor for defensive purposes, while the actor was engaged in a lawful activity and had reasonable cause to fear a criminal attack upon the actor or a member of the actor's family, or upon the actor's home, such as would justify a prudent person in going armed;
(3) The weapon was carried or kept ready at hand by the actor for any lawful purpose and while in the actor's own home;
(4) The weapon was being transported in a motor vehicle for any lawful purpose, and was not on the actor's person, and, if the weapon was a firearm, was carried in compliance with the applicable requirements of division (C) of section 2923.16 of the Revised Code.The law has been struck down by several courts as being in direct violation of the state constitution, which states, "the people have the right to bear arms for their defense and security."
Technically, Ohioans can carry openly, but it is not recommended and would probably invoke a negative reaction from law enforcement.
It is also notable that every state surrounding Ohio has passed pro-CCW legislation.
Posted by: Ravenwood at April 10, 2003 1:13 PMLooks like I'm going to have to write a letter to my Rep (OH-24) and say, "Keep up the good work!"
Posted by: Ralph Gizzip at April 10, 2003 8:24 PM(c) Ravenwood and Associates, 1990 - 2014