OH. Judge to rule next month on concealed-carry

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Judge to rule next month on concealed-carryStaff and wire reportA judge is expected to rule Jan. 10 on whether Ohio's law on carrying a concealed weapon violates the state Constitution.On Monday, Cincinnati Police Lt. Col. Richard Janke testified about police procedures when an officer stops someone who is carrying a concealed weapon. As he testified, Hamilton County Common Pleas Court Judge Robert Ruehlman asked several questions that seemed to take exception with Janke's answers.Ohio's law allows law-abiding citizens to carry a concealed weapon but only if they can prove they need the gun for security. To do that, they must first be arrested and then prove their case in court. In Ohio, if someone has that ''affirmative defense'' - if they are likely to be acquitted during a trial by proving they need the gun for work or safety - police are supposed to have the option to not arrest them, Janke said.''I've had numerous cases like that on the bench and I've never had that happen,'' Ruehlman said, interrupting Janke's Monday testimony.''If you have a concealed weapon, you are charged (with a felony). I've not had one case when that discretion was used. It was just charged.''A private investigator and four other people who say their jobs require them to carry weapons for self-de fense say the Constitution allows citizens to bear arms and does not say that the arms cannot be concealed.They argue that the ban subjects citizens to arrest before they get a chance in court to clear themselves by arguing they had legitimate self-defense reasons to be armed.Lawyers for Cincinnati, Hamilton County and the state counter that the right to bear arms does not prevent the state from regulating how citizens may carry guns. They said concealed weapons pose a threat to police officers and others.The local governments said those who disagree with the law should try to persuade the Legislature to change it, rather than contest the ban in court.An Ohio House committee is considering legislation that would allow most Ohioans to carry hidden guns. The proposal is considered unlikely to come to a floor vote before January.Chuck Klein, the Cincinnati private investigator who was among those filing the suit, said he hopes the challenge motivates lawmakers to set up a permit system to allow citizens to carry concealed weapons.A fitness trainer, hairdresser, factory worker and owner of a pizza delivery business joined Klein in the suit, which was filed in July 2000. The Second Amendment Foundation of Bellevue, Wash., is paying for the lawsuit. http://www.cincypost.com/2001/dec/11/suit121101.html