Concealed weapons law passes first test
7/14/2004
By JOHN McCARTHY
The Associated Press
COLUMBUS, Ohio (AP) — The state's three-month-old concealed weapons law passed its first test on Wednesday when a unanimous Ohio Supreme Court threw out a lawsuit that claimed county sheriffs do not have the resources to conduct thorough background checks of permit applicants.
The court, without comment, dismissed the lawsuit filed by the Ohio Coalition Against Gun Violence, which promised to keep fighting the law.
The Legislature passed the law after nine years of debate, and Gov. Bob Taft signed it on Jan. 7. It went into effect April 8, and the coalition sued the sheriffs the next day.
The law, which bars people who have been institutionalized against their will from obtaining permits, does not provide adequate resources for checking the records of applicants who have a history of mental illness, the coalition said.
The law also does not provide enough money for sheriffs to process the applications, the group said. The $45 fee applicants pay for the permits is split among law enforcement groups that conduct the checks and process the permits.
Under the law, most Ohioans can carry hidden guns but not in government buildings, day-care centers, bars or on property where the owner prohibits them. Gun owners also must pass a background check and complete 12 hours of safety training.
The lawsuit also contended the court already had ruled that the ban on concealed weapons was constitutional and that the new law interferes with Ohioans' right to safety.
Toby Hoover, the coalition's executive director, said she had hoped the Supreme Court would consider the lawsuit, but the coalition would likely refile it in a common pleas court.
"Eventually, it would end back up with the Supreme Court anyway, which is why we wanted to take the fastest vehicle," Hoover said.
Later Wednesday, the coalition released a statement saying it would "continue to pursue remedies to this danger to our families through other avenues."
Rep. Bill Seitz, a Cincinnati Republican and a member of the House Criminal Justice Committee, said he was pleased with the court's dismissal.
"I am satisfied that Ohio took the constitutional and lawful first steps toward joining 44 other states" that have some type of concealed weapons law.
He said he is more interested, though, in a Cuyahoga County lawsuit that questions a provision of the law that requires weapons in cars to be locked up or in holsters. He said the requirement goes against the rest of the law and the Legislature should try to change it in its next session, which begins in January.
The provision was put in by the Senate to persuade the State Highway Patrol to drop its opposition to the bill. Taft had insisted that the patrol not oppose the bill before he would sign it.
