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Thursday, March 21, 2002

Concealed weapon case argued




By John Nolan
The Associated Press

        The 1st Ohio District Court of Appeals will rule April 10 whether people are allowed to carry concealed weapons in Hamilton County, where a lawsuit challenging Ohio's ban on concealed weapons was filed.

        Lawyers for Cincinnati, the county and the state argued Wednesday that the ban should be upheld, and that there is no constitutional right to carry a hidden weapon.

        “How can you rationally exercise your right to self-defense if you're attacked somewhere and you can't have your gun with you?” Judge Rupert Doan asked.

        “People can't carry concealed weapons in the state. That's the law,” said Darrell Pierre, an assistant Ohio attorney general.

        Judge Lee Hildebrandt Jr. asked how a restaurant owner who makes a late-night money deposit would be able to carry a weapon for self-defense.

        John Arnold, a county lawyer, replied that the restaurateur could defend himself in court by arguing that he had a legitimate self-defense reason to be armed.

        But the five people who challenged the state's ban say people accused of violating the law are forced into court and must defend themselves even though the Ohio Constitution gives them the right to be armed for self-protection. They say their jobs take them into areas where they need concealed guns for self-defense.

        Conflicting enforcement by different police agencies makes it difficult for people to know how to exercise that right, attorneys challenging the ban argued.

        Cincinnati police have arrested people for carrying concealed weapons, and testified in this case that they would likely arrest someone who tried to openly carry a weapon, the attorneys said.

        That leaves few options and substantial risk of arrest for those who would carry a weapon to defend themselves, said one lawyer, Timothy Smith.

        Mr. Smith asked the appeals court to uphold Common Pleas Judge Robert Ruehlman's Jan. 10 ruling that the ban on carrying concealed weapons violates the Ohio Constitution's guarantee that people may bear arms for self-defense.

        The governments' lawyers argued that the state has the right to regulate the possession and handling of firearms.

       



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