TheBluesMan
Moderator Emeritus
Source
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR> Updated: 22 May 2000
TRIAL RESULTS: WE WON!!!
In a tactical move we went with a bench trial. During pre-trial discussions all agreed that Judge Thomas Crush would allow constitutional testimony and evidence as part of the trial itself rather than through pre-trial motions to dismiss. After the testimony of the arresting officer it was becoming clear that severe problems existed with current law in how it was applied and how it is in contravention to the Ohio Constitution, Article 1, Numbers 1 and 4. At this point the defendant took the stand and at the end of his very brief testimony the judge indicated he wanted a break. In chambers, he related to counsel that he had heard enough and was prepared to render his decision finding that the law is unfair inasmuch as citizens have no way of knowing, in advance, what behavior is criminal in regard to CCW and the law should be changed. Furthermore, that it was impossible for citizens to CCW under any circumstance and not be arrested. A full copy of the officer's testimony and the judge’s decision will be on this web site when it becomes available (around the end of June).
Thanks to all who contributed and worked to give us this important first step in convincing our elected officials that the law, as examined by a Common Pleas Judge, is unfair and should be changed.
TIM SMITH, the attorney of record, is very "pro-gun rights" and is interested in additional cases of this type. He can be contacted at: 513/632-5333 timsmit@fuse.net or through me: cklein@chuckkleinauthor.com [/quote]
You can read more about this case at the above linked website.
Once this judge’s decision is written, I believe that our state legislators may see that Ohio H.B.165 (allowing licensed CCW) is a viable change to the existing Ohio Revised Code. Of course, I’d much rather see a "Vermont style" law take effect, but the odds of that happening are very low. If you live in Ohio, or know someone who does, tell them about Ohioans For Concealed Carry. We’re closer now than at any time in recent memory.
------------------
RKBA!
"The people have the right to bear arms for their defense and security"
Ohio Constitution, Article I, Section 4 Concealed Carry is illegal in Ohio.
Ohioans for Concealed Carry Website
[This message has been edited by TheBluesMan (edited May 22, 2000).]
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR> Updated: 22 May 2000
TRIAL RESULTS: WE WON!!!
In a tactical move we went with a bench trial. During pre-trial discussions all agreed that Judge Thomas Crush would allow constitutional testimony and evidence as part of the trial itself rather than through pre-trial motions to dismiss. After the testimony of the arresting officer it was becoming clear that severe problems existed with current law in how it was applied and how it is in contravention to the Ohio Constitution, Article 1, Numbers 1 and 4. At this point the defendant took the stand and at the end of his very brief testimony the judge indicated he wanted a break. In chambers, he related to counsel that he had heard enough and was prepared to render his decision finding that the law is unfair inasmuch as citizens have no way of knowing, in advance, what behavior is criminal in regard to CCW and the law should be changed. Furthermore, that it was impossible for citizens to CCW under any circumstance and not be arrested. A full copy of the officer's testimony and the judge’s decision will be on this web site when it becomes available (around the end of June).
Thanks to all who contributed and worked to give us this important first step in convincing our elected officials that the law, as examined by a Common Pleas Judge, is unfair and should be changed.
TIM SMITH, the attorney of record, is very "pro-gun rights" and is interested in additional cases of this type. He can be contacted at: 513/632-5333 timsmit@fuse.net or through me: cklein@chuckkleinauthor.com [/quote]
You can read more about this case at the above linked website.
Once this judge’s decision is written, I believe that our state legislators may see that Ohio H.B.165 (allowing licensed CCW) is a viable change to the existing Ohio Revised Code. Of course, I’d much rather see a "Vermont style" law take effect, but the odds of that happening are very low. If you live in Ohio, or know someone who does, tell them about Ohioans For Concealed Carry. We’re closer now than at any time in recent memory.
------------------
RKBA!
"The people have the right to bear arms for their defense and security"
Ohio Constitution, Article I, Section 4 Concealed Carry is illegal in Ohio.
Ohioans for Concealed Carry Website
[This message has been edited by TheBluesMan (edited May 22, 2000).]