Tuesday, December 11, 2001
Officer says concealed guns increase danger
Last witness speaks in court battle
By Marie McCain
The Cincinnati Enquirer
To head off potential harm to themselves or others, police officers are trained to treat every suspect as though he or she has a weapon, an assistant Cincinnati police chief testified Monday.
Taking that precaution won't be affected by the outcome of a lawsuit challenging Ohio's ban on concealed weapons, Lt. Col. Richard Janke testified.
But if the law is abolished, it could create a vacuum ... allowing everyone to carry a weapon even to a soccer game or a Little League game, he added.
The assistant chief was the last witness to testify Monday in the battle between opponents of the 150-year-old statute, who contend it infringes upon their constitutional rights to bear arms, and authorities who say the law helps police and keeps Ohio from becoming like the Old West.
Opposing sides rested their cases and will file written closing arguments to Judge Robert Ruehlman of Hamilton County Common Pleas Court by Dec. 21. He'll make a decision by Jan. 10.
Ohio allows only law-enforcement officials to carry concealed weapons.
A group of Cincinnatians challenged the law last year when they sued every municipality in Hamilton County, claiming police have no right to arrest law-abiding citizens for carrying concealed guns.
Among the plaintiffs are a private detective, a hairdresser, a personal trainer and a pizza deliveryman who say they need guns for protection.
Attorneys for the county and the city of Cincinnati have argued that the right to bear arms does not bar the state from regulating how guns may be carried by citizens. They said Ohio has outlawed concealed weapons because they pose a threat to police officers and regular citizens.
Lt. Col. Janke said police officers use the law as a tool to deter potential crimes that might endanger someone's safety.
He said if a law-abiding citizen is found to be carrying a concealed weapon, Cincinnati police officers are trained to consider reasons that would justify why a civilian might have a weapon. They then can use their own judgment about whether to make an arrest.
If there is a doubt, he added, an officer can consult with a prosecutor to determine if there is sufficient reason to arrest someone.
Judge Ruehlman questioned Lt. Col. Janke on that point, saying that in his 10 years as a prosecutor he'd never had such a discussion with a police officer.
This is the first time I've ever heard of this, he said.
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