Keep and Bear Arms

New Ohio Lawsuit To Be Filed Friday to Allow Carrying of Firearms for Self-Protection

NEWS RELEASE
Second Amendment Foundation · 12500 NE Tenth Place · Bellevue, WA 98005
(425) 454-7012 · FAX (425) 451-3959 · www.saf.org

VISIT THE SAF OHIO LAWSUIT PAGE HERE! ! !

Contact: Alan Gottlieb (425) 454-7012
Attorney Anthony Greco (614) 799-2940

New Ohio Lawsuit To Be Filed Friday to Allow Carrying of Firearms for Self-Protection

(August 23, 2001) - The Second Amendment Foundation (SAF) will file a new lawsuit on Friday to overturn the unconstitutional ban on the means of self-defense outside one's home that bars legal concealed carrying of firearms by law-abiding adults. The new lawsuit is similar to the Cincinnati lawsuit that initially won a temporary injunction but has since stalled in the Ohio Supreme Court on minor procedural issues.

"The current law is unconstitutional. All we need to do is present our case before a fair and impartial judge to have it tossed out," proclaimed Alan Gottlieb, SAF Founder. "We hoped our Cincinnati lawsuit could go forward to resolve this issue by now, but our opponents have kept us in procedural appeals for over a year."

SAF's new Union County suit exposes the current scheme as a violation of the Ohio Constitution (Article 1, Section 1 [inalienable rights to defending life, liberty and property], Article 1, Section 4 [bear arms for defense and security], Article 1, Sections 2 [equal protection] and Article 1, Section 16 [due process]). In addition, as Judge Ruehlman found in the suit in Cincinnati, the current law treats people as if guilty until proven innocent!

The Ohio laws in question, R.C. 2923.12, bans all concealed carry of firearms with felony penalties for any violations while R.C. 2923.16 bans loaded guns in a motor vehicle. It is only after a person caught violating either of these provisions, and the person is incurring the costs and stresses of a criminal trial that the current law allows the possibility of an "affirmative defense" to be made. Such an unjust system must be replaced with reasonable and prudent legislation, and that is the reason for the lawsuit.

Columbus Attorney Anthony Greco touts the strength of this new case and its reliance on Constitutional issues.

"The Ohio legislature, and specifically the current and previous governors of this state, have wasted too much time on this issue," asserted Greco. "If they will not allow the citizens to protect themselves without the fear of felony arrest and the costs of a legal defense, we must ask the courts to affirm this most basic of human rights as enumerated in the Ohio Constitution."

Mike Powers, the lead plaintiff in the SAF funded case, stated that, "As a former undercover narcotics officer and deputy sheriff, I put a number of violent criminals away that are now back on the streets. It is wrong to prevent me from protecting myself after serving the citizens of Ohio for two decades. Yet that is the current law. It is both unfair and unconstitutional." Another plaintiff is a domestic violence victim whose ex-husband is about to get out of jail after serving time for holding her at gunpoint while she held her baby.

If a temporary injunction is issued, this does NOT mean that criminals, juveniles and other prohibited persons could carry firearms since many gun laws will remain enforceable. If there are any questions about this fact, please call either of the numbers above, or visit our website at http://www.saf.org/Ohio.htm

The Second Amendment Foundation is the nation's oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 600,000 members and supporters and conducts many programs designed to better inform the public about the gun control debate and its consequences. SAF previously has funded successful firearms-related suits against the cities of Los Angeles, New Haven, CT, and San Francisco on behalf of American gun owners. Current projects include a damage action lawsuit against the cities suing gun makers, an amicus brief in support of the Emerson case holding that the Second Amendment is an individual right and a lawsuit against the Clinton gun and magazine ban.

-END-

VISIT THE SAF OHIO LAWSUIT PAGE HERE! ! !

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Written By:	Second Amendment Foundation
	New Ohio Lawsuit To Be Filed Friday to Allow Carrying of Firearms for Self-Protection NEWS RELEASE Second Amendment Foundation · 12500 NE Tenth Place · Bellevue, WA 98005 (425) 454-7012 · FAX (425) 451-3959 · www.saf.org VISIT THE SAF OHIO LAWSUIT PAGE HERE! ! ! Contact: Alan Gottlieb (425) 454-7012 Attorney Anthony Greco (614) 799-2940 New Ohio Lawsuit To Be Filed Friday to Allow Carrying of Firearms for Self-Protection (August 23, 2001) - The Second Amendment Foundation (SAF) will file a new lawsuit on Friday to overturn the unconstitutional ban on the means of self-defense outside one's home that bars legal concealed carrying of firearms by law-abiding adults. The new lawsuit is similar to the Cincinnati lawsuit that initially won a temporary injunction but has since stalled in the Ohio Supreme Court on minor procedural issues. "The current law is unconstitutional. All we need to do is present our case before a fair and impartial judge to have it tossed out," proclaimed Alan Gottlieb, SAF Founder. "We hoped our Cincinnati lawsuit could go forward to resolve this issue by now, but our opponents have kept us in procedural appeals for over a year." SAF's new Union County suit exposes the current scheme as a violation of the Ohio Constitution (Article 1, Section 1 [inalienable rights to defending life, liberty and property], Article 1, Section 4 [bear arms for defense and security], Article 1, Sections 2 [equal protection] and Article 1, Section 16 [due process]). In addition, as Judge Ruehlman found in the suit in Cincinnati, the current law treats people as if guilty until proven innocent! The Ohio laws in question, R.C. 2923.12, bans all concealed carry of firearms with felony penalties for any violations while R.C. 2923.16 bans loaded guns in a motor vehicle. It is only after a person caught violating either of these provisions, and the person is incurring the costs and stresses of a criminal trial that the current law allows the possibility of an "affirmative defense" to be made. Such an unjust system must be replaced with reasonable and prudent legislation, and that is the reason for the lawsuit. Columbus Attorney Anthony Greco touts the strength of this new case and its reliance on Constitutional issues. "The Ohio legislature, and specifically the current and previous governors of this state, have wasted too much time on this issue," asserted Greco. "If they will not allow the citizens to protect themselves without the fear of felony arrest and the costs of a legal defense, we must ask the courts to affirm this most basic of human rights as enumerated in the Ohio Constitution." Mike Powers, the lead plaintiff in the SAF funded case, stated that, "As a former undercover narcotics officer and deputy sheriff, I put a number of violent criminals away that are now back on the streets. It is wrong to prevent me from protecting myself after serving the citizens of Ohio for two decades. Yet that is the current law. It is both unfair and unconstitutional." Another plaintiff is a domestic violence victim whose ex-husband is about to get out of jail after serving time for holding her at gunpoint while she held her baby. If a temporary injunction is issued, this does NOT mean that criminals, juveniles and other prohibited persons could carry firearms since many gun laws will remain enforceable. If there are any questions about this fact, please call either of the numbers above, or visit our website at http://www.saf.org/Ohio.htm The Second Amendment Foundation is the nation's oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 600,000 members and supporters and conducts many programs designed to better inform the public about the gun control debate and its consequences. SAF previously has funded successful firearms-related suits against the cities of Los Angeles, New Haven, CT, and San Francisco on behalf of American gun owners. Current projects include a damage action lawsuit against the cities suing gun makers, an amicus brief in support of the Emerson case holding that the Second Amendment is an individual right and a lawsuit against the Clinton gun and magazine ban. -END- VISIT THE SAF OHIO LAWSUIT PAGE HERE! ! !