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Friday, April 12, 2002

Appeals filed on gun ruling




By Marie McCain, mmccain@enquirer.com
The Cincinnati Enquirer

        Government attorneys fighting an appeals court decision declaring Ohio's ban on concealed weapons unconstitutional could do little Thursday but wait for a response from the Ohio Supreme Court.

        “We filed our requests. We haven't heard back yet. We asked respectfully. We can't compel the justices to respond. We have no idea when or if they'll respond,” said Joe Case, a spokesman for Attorney General Betty Montgomery.

        On Wednesday, a three-judge panel from the 1st District Court of Appeals upheld an earlier decision by Hamilton County Common Pleas Judge Robert Ruehlman, who sided with a group of residents that challenged the existing law.

        Five Hamilton County residents, including a private investigator, a personal trainer and a hair dresser, sued the city of Cincinnati, the county and the state of Ohio in July 2000, saying the ban hindered their constitutional rights to protect themselves. In the wake of Wednesday's decision, a proposal regulating hidden weapons that passed the House in March could take center stage in the Senate next week when the General Assembly reconvenes.

        “As the Ohio Senate begins to look at the legislation before us, we will be watching the court's review of the case with great interest,” said Senate President Richard Finan (R-Evendale).

        Mr. Finan has yet to decide which committee the bill will go to. However, he has promised hearings on the plan.

        Sponsored by state Rep. Jim Aslanides (R-Coshocton), the plan would require a license to carry a concealed handgun. It would also require the applicant to undergo a criminal background check.

        David Willis, 66, of Indian Hill supports the legislation and favors the appeals court decision.

        “I should have the right to carry a gun if I feel I want to carry a gun,” he said.

       



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