Justices uphold concealed gun ban

[CO Liberal]

Continuing the ongoing discussion. Maybe absoulte rights aren't that absolute. - Wayne

* * * * * * * * * *

Justices uphold concealed gun ban

Columbus - Ohioans do not have a constitutional right to carry concealed firearms, the Ohio Supreme Court said yesterday.

Although the 5-2 ruling was a defeat for the gun lobby, both sides of the fractious issue believe it could breathe new life into the legislature's stalled debate over allowing law-abiding citizens to carry concealed handguns.

In its long-awaited ruling, the high court reinforced the right of Ohioans to bear arms for defense and security, but it also said that fundamental right can be restricted.

The ruling overturns two lower court decisions from Hamilton County in which police were ordered to stop arresting people for carrying concealed weapons.

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http://www.cleveland.com/news/plaindealer/index.ssf?/base/news/1064482341206850.xml

[MrBenchley]

1. Interesting

"In an eight-page decision written by Justice Paul Pfeifer, the majority said that the right to bear arms is not absolute. Seizing on historical precedent, Pfeifer pointed out that the General Assembly banned concealed weapons just eight years after the 1851 enactment of Ohio's revised Constitution, which ratified the right to bear arms.

Records from two subsequent constitutional conventions reflected no further debate on concealed weapons. In 1920, the Supreme Court found the law to be a "proper exercise of the police power of the state," Pfeifer wrote.

"The General Assembly has determined that prohibiting the carrying of concealed weapons helps maintain an orderly and safe society," Pfeifer wrote. "

And don't miss this part...

"The House passed the National Rifle Association's preferred bill in March. The Senate, seeking to avoid Gov. Bob Taft's veto of the House plan, added significant restrictions to the bill and passed it in June. Major law enforcement groups for the first time went neutral on the bill, and Taft said he would sign it.
But the House rejected the Senate's changes, and now the bill is stalled. "

http://www.cleveland.com/news/plaindealer/index.ssf?/base/news/1064482341206850.xml

Voters need to know, when you elect the GOP, you elect the NRA itself.

[jody]

2. Ohio confirms constitutional RKBA but says no to constitutional right

to carry concealed arms.
Klein v. Leis

QUOTE
Section 4, Article I of the Ohio Constitution states: “The people have the right to bear arms for their defense and security * * *.” Today we are asked to determine whether R.C. 2923.12, 2923.16(B) and (C), 4749.06, and 4749.10 infringe that right by prohibiting the carrying of concealed weapons. For the reasons that follow, we conclude that R.C. 2923.12 and 2923.16(B) and (C) do not unconstitutionally infringe the right to bear arms. We also remand to the court of appeals the issue whether R.C. 4749.06 and 4749.10 are constitutional.
UNQUOTE

QUOTE
The right to bear arms is part of Ohio’s heritage. A right-to-bear-arms clause was in the Bill of Rights of our first Constitution. Section 20, Article VIII, Constitution of Ohio of 1802 (“the people have a right to bear arms for the defence of themselves and the state”). Our current right-to-bear-arms clause was ratified as part of the Ohio Constitution of 1851. Section 4, Article I, Constitution of Ohio.
UNQUOTE

ON EDIT ADD
Ohio included RKBA in its constitution just a few years after the BOR were added to the US constitution. Ohio had contemperaneous knowledge of the Second Amendment when it adopted its constitution.