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 Court dismisses concealed-gun case Judge: 'It's treating decent
citizens like criminals'

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By Jon E. Dougherty
© 2000 WorldNetDaily.com


An Ohio state judge has thrown out a case against a 29-year-old pizza
delivery driver arrested last fall for carrying a concealed handgun, ruling
that the state's law governing the right to use and carry a handgun for
protection is flawed and "unconstitutional."

In his May 22 decision, Judge Thomas Crush said delivery man Patrick Feely --
arrested last September for carrying a gun under his shirt -- had a
constitutional right to protect himself while working a job with a high risk
for robbery. He then threw out the charges against Feely.

According to a Cincinnati Enquirer report, Crush said Ohio's concealed
weapons law is flawed because it does not distinguish between criminals and
people who carry guns for their own protection.

Feely said he felt threatened and endangered because his job frequently took
him to high-crime neighborhoods and he often carried cash. Consequently, he
said, he bought a gun about five years ago for self-defense. When he was
arrested, he was also carrying a knife, police said.

"Everybody nowadays needs some kind of protection from criminals," Feely said
Tuesday, following the favorable ruling. "You need to be able to defend
yourself."

The problem has to do with an inherent conflict in Ohio law. Although the
Ohio Constitution allows citizens to carry a gun to protect life and
property, state law prohibits people from carrying a concealed weapon under
any circumstances.

Noting that, under existing law, citizens must go on trial to prove whether
or not they carried their firearm legally, Crush, in his ruling, said, "An
honest person in a difficult or dangerous job must subject himself to trial
like a criminal. It's treating decent citizens like criminals."

Crush also said law-abiding citizens in Ohio ought to be permitted to carry a
concealed weapon, but that it was up to state legislators to make that
decision. Nevertheless, he believes lawmakers should address the discrepancy
before others are caught in a similar dilemma.

At the time of his arrest, Feely was working for a Cincinnati company that
supplies pizza, subs and sandwiches to street vendors. Police had stopped his
car for an expired license plate and noticed a knife in the vehicle. When the
officer asked whether he had any other weapons, Feely told him about the gun.

Hamilton County Prosecutor Mike Allen said the police officer acted
appropriately when he arrested the delivery driver, but he agreed the law may
need some fine tuning.

"Perhaps it is something the legislature should take a look at," Allen said.




A vote for Bush or Gore is a vote to continue Clinton policies!
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Don't waste your vote!  Vote for Patrick Buchanan!

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