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Judge: Ohio Ban on Concealed Weapons Unconstitutional

Thursday, January 10, 2002


CINCINNATI — A fitness trainer, hairdresser and pizza shop owner are all
breathing easier after a judge in Ohio ruled they have a right to carry
concealed weapons to protect themselves.


"There is no doubt that the very thought a potential victim might possess a
firearm deters that element of our society that cares nothing about laws or
human life but rather understands only one thing — brute force," Hamilton
County Judge Robert Ruehlman wrote.

The common pleas judge ruled that Ohio's law against carrying concealed
weapons violates the state constitution.

Lawyers for the city of Cincinnati, the county and state said they would
appeal the ruling.

The lawsuit was filed in July 2000 by a private investigator and four other
workers who said their jobs required them to carry weapons for self-defense.

The workers say the Ohio Constitution allows citizens to bear arms and
doesn't say the weapons cannot be concealed.

But Ohio allows only law enforcement officials or officers of the state and
federal government to carry concealed weapons.

The workers argued that the ban subjects people 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 countered that the
right to bear arms does not prevent the state from regulating how people may
carry guns. They said concealed weapons pose a threat to police officers and
others.

"Amidst all of the baying from gun opponents is the irrefutable fact that
there will always be people in our society who refuse to follow any rules and
how can never been reasoned with or rehabilitated," Ruehlman wrote. "These
people have no conscience and no qualms about doing harm to innocent persons.
As a consequence, every law-abiding citizen of this state has the right to
protect him or herself with a concealed firearm."

Ruehlman defined law-abiding people as those not otherwise prohibited by
federal, state or local law from possessing firearms.

Ruehlman heard testimony over four days in December.

After the trial, lawyers defending the state law asked the judge to remove
himself from the case. They said he couldn't make a fair ruling because his
wife and baby were kidnapped at gunpoint outside a strip-mall camera shop in
1989.

Ruehlman's wife, Tia, said a gun probably wouldn't have helped her overcome
her assailant. She said she believes that residents should be able to carry
concealed weapons but had not discussed the case with her husband.

Ruehlman declined to comment on the request.

Anti-gun groups said they were worried about the concealed weapons case
because of Ruehlman's past rulings. Those include his dismissal of
Cincinnati's lawsuit against gun manufacturers two years ago.




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