State fears judge's ruling would lead to more guns

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State fears judge's ruling would lead to more gunsFriday, January 11, 2002Lee LeonardDispatch Statehouse ReporterState officials will try to reverse a court ruling that could allow handguns to proliferate in Hamilton County while sponsors continue to press for a law permitting many Ohioans to carry concealed weapons. Judge Robert Ruehlman of Hamilton County Common Pleas Court ruled yesterday that a state law that allows only law-enforcement officials and officers of the state and federal government to carry concealed weapons is unconstitutional. The ruling didn't address, but would make obsolete, the portion of the law that allows an affirmative defense for anyone charged with unlawfully carrying a concealed weapon if they need it for personal protection because of their job. Examples would be business owners carrying receipts to the bank or nurses working late shifts. The Hamilton County Court of Appeals, at the request of Attorney General Betty D. Montgomery, immediately issued a stay of Ruehlman's order that forbids enforcement of the law in the county pending the state's appeal. Joe Case, spokesman for Montgomery, said a similar case challenging the law was dismissed late last year in Union County Common Pleas Court. Advocates of the right to carry concealed weapons were delighted by yesterday's ruling. Proponents of gun control were dismayed. The Ohio Supreme Court would be the ultimate arbiter of whether the law is constitutional and whether the legislature can impose limits on concealed weapons. In a 1920 case, the high court ruled that the legislature can ban concealed weapons. The Ohio House of Representatives is preparing to vote soon on House Bill 274, which would authorize county sheriffs to issue conceal/carry permits to individuals with no criminal record and no history of mental illness. Applicants also would have to pass a certified course in the safe use of firearms and pay a small administrative fee. Guns would be off limits in schools, churches and bars and on college campuses. Rep. James Aslanides, R-Coshocton, the sponsor of the bill, said Ruehlman's ruling shows the need for his proposal. "I'm elated,'' he said. "The law that's written needs to be changed. It (the court decision) exemplifies that we need to construct a bill that is palatable to the citizens of Ohio.'' Aslanides said polls show that 65 percent of Ohioans favor allowing individuals to carry concealed weapons if they are educated, trained and undergo criminal background checks. House Bill 274 probably will be passed out of committee in early February, said Rep. John Willamowski, R-Lima, chairman of the House Civil and Commercial Law Committee where the proposal has been under study since May 2001. It would then be voted on by the full House and, if passed, referred to the Senate. Gov. Bob Taft has said he will not sign a concealed-weapons bill unless law-enforcement groups support it. So far only the Buckeye State Sheriffs' Association has expressed support for House Bill 274. State Sen. Mark L. Mallory of Cincinnati denounced the county judge's decision. "If the judge wants to change the law, he should run for the legislature,'' said Mallory, a Democrat. "This is absolutely the wrong time for the judge to make a decision like this, with all the racial tensions in Cincinnati. More guns won't make the situation any better.'' Jeff Garvas, president of Ohioans for Concealed Carry, based in Solon, said the longer the lower court ruling stays in force in Hamilton County, "the more pressure is going to be put on the legislature to fix the law.'' Garvas said the ruling in effect opened the door for unrestricted possession of handguns in Hamilton County, similar to another bill in the legislature sponsored by Rep. Tom Brinkman Jr., R-Cincinnati. House Bill 225, though favored by gun groups, has taken a back seat to the Aslanides bill in the legislative halls. "I think the ruling is great for the citizens of Hamilton County,'' Brinkman said. He predicted it would have no effect on the conceal/carry legislation. "I think any gun bill's going to pass,'' he said. But he acknowledged it would be the more limited version sponsored by Aslanides. Toby Hoover, director of the Ohio Coalition of Gun Violence based in Toledo, said Ruehlman "has made a grave mistake, giving free rein to the people of Hamilton County (to carry guns)'' "Unfortunately, the legislators are going to feel that the judge's decision strengthens their proposal. You shouldn't pass a bad law to override a bad judgment.'' Hoover said law-enforcement officials and most citizens oppose carrying concealed weapons. "There would be loaded, hidden guns in our banks, in our stores, in our ballparks, on our jobs and in our cars. Gun deaths would increase because guns are available,'' she said. John Gilchrist of the Ohio Association of Chiefs of Police predicted the Hamilton County ruling will do little to change anyone's position on carrying concealed weapons. "It'll give the proponents something to cheer about,'' he said. The police chiefs oppose House Bill 274, saying armed citizens rarely prevent crime. http://www.dispatch.com/news-story.php?story=dispatch/news/news02/jan02/1026723.html