Wednesday, July 26, 2000
County, city appeal gun law
Appellate court will hear arguments for reversal Friday
By Dan Horn
The Cincinnati Enquirer
An Ohio appeals court will hear arguments Friday on whether a Hamilton County judge overstepped his authority last week when he threw out Ohio's concealed weapons law.
Attorneys for the county and the city of Cincinnati want the Ohio 1st District Court of Appeals to reverse the judge's decision and put the law back on the books.
In a legal petition filed Tuesday, attorneys argued that Judge Robert Ruehlman had no legal right to ban enforcement of the law. They said the judge's June 18 decision confuses the public and makes the job of law enforcement officers more difficult.
We're saying the judge did not have the right to declare the law unconstitutional, said county Prosecutor Mike Allen.
Judge Ruehlman stunned local law enforcement last week when he ordered Sheriff Simon L. Leis and Cincinnati Police Chief Thomas Streicher to stop enforcing the concealed weapons law.
The judge made the decision after hearing arguments from four people who claimed they needed to carry concealed weapons for their own protection.
They said Ohio's law is unfair because getting arrested and going to court is the only way to prove they have a legitimate need for a concealed weapon.
Their attorneys argued the law makes it impossible for their clients a hairdresser, personal trainer, private investigator and pizza shop owner to exercise their constitutional right to bear arms.
The judge agreed there were problems with the law and ordered the police and sheriff to stop enforcing it.
But Mr. Allen, who represents Sheriff Leis, said the judge went too far. He said the state legislature not the courthouse is the place to deal with the issue.There are problems with that statute, but they should be resolved in the legislature, Mr. Allen said.
City attorneys, who represent the police chief, said they planned to file a similar request with the appeals court Tuesday or today.
One of the key issues in the case is whether Judge Ruehlman has the authority to make such a sweeping decision. Although the lawsuit was filed by four people, the judge said his ban on enforcement would apply to everyone.
The county's petition argues that no other judge in Ohio has declared the law unconstitutional, and that Judge Ruehlman does not have the right to do it himself.
Mr. Allen said his client, Sheriff Leis, also objects to the ruling because it applies only to his deputies and to Cincinnati police.
Although there are more than 40 police agencies in the county, the city police and sheriff's department were the only ones named in the lawsuit.
The confusion was illustrated last week when a man was stopped for carrying a concealed weapon in Green Township. Although a sheriff's deputy made the stop, a Green Township officer had to make the arrest.
Campbell teachers told to dress up
Driver, 16, won't be tried as adult
Americana to reopen next April
Alleged lover not off hook
Mother, daughter found dead
Tactics in trials criticized
Americans with Disabilities Act law 10 years old
Bad weather leaves trees sick, dying
It's not peace on Earth, but downtown will do
KIESEWETTER: Bette Midler fits right in on her new sitcom
Allen Temple Church sold
Businesses could pay for fixes
Cheney's P&G post uncertain
County, city appeal gun law
Educators, lawmakers still split on funding
EMT chief guilty of drunken driving
Group visits an old friend
House OKs Freedom Center funds
Incumbents shy away from issues survey
Kenton County lacks cash to build new jail
Ky. county votes to keep alcohol ban
Landfill could be out of use soon
Mine proposal still a concern
N.Ky. feeling growing pains
Police funeral planned for Holcomb
Probation granted in theft from township
Roebling project under way
Sewer rate increases opposed
Tristate GOP says Cheney wise choice
Voters say no to booze in Grant Co.
Warsaw man charged with 23 sex felonies
Get to it
Pig Parade: Phantom of the Slopera
Tristate A.M. Report