State, county and local attorneys hope today the Ohio Supreme Court will once again make it illegal for Hamilton County residents to carry concealed firearms.

        Wednesday afternoon, they filed a flurry of motions asking the court to stay an appellate decision legalizing concealed-carry in the county.

        The 1st District Court of Appeals affirmed a ruling by a Hamilton County judge finding the century-old ban on carrying hidden weapons unconstitutional.

        The rulings come in a lawsuit filed by five county residents — including a hairdresser, private investigator and fitness trainer — who argued they are law-abiding citizens who need to carry hidden weapons for personal safety.

Lead plaintiff Chuck Klein, right, and attorney William Gustavson smile Wednesday after a ruling opposed Hamilton County's hidden-weapons ban. (Associated Press photo) | ZOOM |

        Government attorneys also are asking the Ohio Supreme Court to hear their objections to Wednesday's decision by a three-judge panel.

        Judges Rupert Doan and Lee Hildebrandt Jr. joined Presiding Judge Mark Painter in an 18-page decision calling the existing Ohio law so “vague and subjective, (it) is susceptible to inconsistent and arbitrary enforcement.”

        “Perhaps the General Assembly can, or will, enact a concealed-weapon law that is constitutional,” the judges wrote. “But this court can only deal with what we have before us, which is an unconstitutional law.”

        Nationally, 43 states allow the concealed carrying of firearms. Of these, 42 require a license, while Vermont allows concealed carrying without any license.

        Ohio's ban could be overturned if the Supreme Court accepts this case and decides in favor of the plaintiffs. For now, though, concealed carrying is only legal in Hamilton County.

        One of the litigants, Pat Feely, 31, of Norwood, said Wednesday's appellate decision made him feel “safer already.”

WHAT IT MEANS

• The ruling: The 1st Ohio District Court of Appeals on Wednesday agreed with a Hamilton County judge's ruling that Ohio's ban on concealed weapons is unconstitutional. The appellate court also ruled that a companion law banning transportation of loaded firearms in a vehicle is unconstitutional.     • What does it mean? Law-abiding Hamilton County residents will be able to carry concealed weapons without a permit on themselves or in their cars.     • What about residents of other Ohio counties? The decision covers only Hamilton County.     • Could that change? Similar lawsuits challenging the ban could be filed in other Ohio counties.     • What's next: Attorneys for the city, Hamilton County and state are asking the Ohio Supreme Court to stay Wednesday's appeals court decision. The court will consider whether it wants to hear the argument and whether it will grant the stay request.

        A former pizza delivery man who now drives a vending truck, Mr. Feely said he was arrested in 1999 for carrying a gun in his waistband.

        The charge against him was later dismissed when he explained that he carries the gun for protection.

        “I'm very happy with the (appeals court) decision,” Mr. Feely said Wednesday. “If I feel my life is in danger I have the right to protect myself. ... A burden has been lifted off my shoulders.”

        The appellate judges also lifted a stay on carrying hidden weapons that they'd imposed three months ago following the initial decision by Common Pleas Judge Robert Ruehlman.

        Local, county and state attorneys say that without another emergency stay order, Hamilton County law enforcement is at risk.

        Attorneys for the litigants said Wednesday that they'll oppose any request for a stay or for an appeal.

        “Four judges in a row have agreed with our position,” said Tim Smith.

        Mr. Smith and Bill Gustavson, an attorney with the Second Amendment Foundation advocacy group, represent the litigants.

        “In terms of our lawsuit, we can't do any better than that —- all we've asked for is that law-abiding residents in Hamilton County be allowed to carry a concealed firearm,” he said.

        However, should the Supreme Court opt to hear arguments in the case, Mr. Smith added, “I'd be hard pressed to say Supreme Court justices should not decide the issue. They should. And they should decide in our favor.”

        Hamilton County Prosecutor Mike Allen said he personally is in favor of a concealed-carry law in Ohio. However, he represents the Hamilton County sheriff and other law enforcement agencies who enforce Ohio's existing ban on concealed weapons.

        Those agencies' “legal position is that (Judge Ruehlman) overstepped judicial authority in declaring Ohio's concealed weapons law unconstitutional, and, as their attorney, I am required to represent their position to the best of my ability,” Mr. Allen said.

        Advocates with the Brady Center to Prevent Handgun Violence also criticized Wednesday's decision, saying that it “runs counter to common sense.”

        “We are hopeful and confident that the Ohio Supreme Court will undo this judicial aberration, and will expeditiously reverse this decision,” said Dennis Henigan, director of the Brady Center's Legal Action Project.

        The Brady Center is acting as co-counsel with the city of Cincinnati.

        The primary litigant in the lawsuit, private investigator Chuck Klein, called the appeals decision “pretty strong.”

        “They don't pull any punches,” the downtown man said of the appellate court judges.

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