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The Cincinnati Enquirer
E N Q U I R E R L O C A L N E W S C O V E R A G E
Wednesday, May 24, 2000
Concealed weapons disputed
Judge says pizza delivery man had right to protect himself
By Dan Horn The Cincinnati Enquirer
Ohio's concealed weapons law came under fire in a Cincinnati court this
week when a pizza delivery man won the right to carry a gun for
protection.
The judge said that Ohio's law is unfair because it treats =93decent
citizens like criminals.
The delivery man, Patrick Feely, 29, was arrested in September for
carrying a handgun under his shirt.
The Norwood man told police he wanted the gun for protection because his
delivery job required him to carry hundreds of dollars at a time.
"Everybody nowadays needs some kind of protection from criminals," Mr.
Feely said Tuesday. "You need to be able to defend yourself."
In his decision Monday, Judge Thomas Crush said Mr. Feely had a
constitutional right to protect himself while working a job with a high
risk for robbery. He threw out the charges against Mr. Feely.
He also said Ohio's concealed weapons law is flawed because it does not
distinguish between criminals and people who carry guns for their own
protection.
Under the existing law, he said, people must go on trial to find out
whether they have the right to carry a gun.
"An honest person in a difficult or dangerous job must subject himself
to trial like a criminal," Judge Crush said. "It's treating decent citizens
like criminals.
The judge said state law should allow law-abiding citizens to get
permits to carry a concealed weapon for protection. That decision, though,
is up to the state legislature.
Mr. Feely's attorney, Tim Smith, said the case shows why the law needs
to change.
"The (concealed weapons) law is unconstitutional," Mr. Smith said. "In
effect, it takes away a constitutional right."
On one hand, he said, Ohio's constitution allows carrying a gun to
protect life and property. On the other, state law bars people from carrying a
concealed weapon under any circumstances.
Mr. Feely said he has worked several delivery jobs and was so concerned
about robbery that he began carrying a handgun five years ago.
At the time of his arrest, he was working for a Cincinnati company that
supplies pizza, subs and sandwiches to street vendors.
Police stopped his car for an expired plate and noticed a knife in the
car.
When the officer asked whether he had any other weapons, Mr. Feely told
him about the gun.
Hamilton County Prosecutor Mike Allen said the police officer acted
appropriately when he arrested Mr. Feely.
But he acknowledged the law might need some work.
"Perhaps it is something the legislature should take a look at," Mr.
Allen said.
--
Of course, in this country, Mr Feely would have been arrested for the
knife even before they started worrying about the gun!
Steve.
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