No Guns in O-hi-o

A libertarian gun rights activist named Jeff Jordan, also known as "Hunter," fell afoul of Ohio's gun laws last week and was arrested. He was driving through the state with some weapons (that, his supporters claim, would have been legal for him to have in most states) when cops searched him during a speeding stop. The story, and a call for help in his defense, here. While the relevant statute does allow you to have a gun in your car, it has to be in a closed container, on a rack, or "in plain sight with the action open or the weapon stripped." More on the latest developments in some possible loosening of Ohio's concealed-carry statutes here.

Comments

[Marc]

Hunter might have been aided had he seen the great new video "Busted -- A Citizens Guide to Surviving Police Encounters" From the Flex Your Rights Foundation http://www.flexyourrights.org -- its a great video for anyone to know how to protect yourself and your rights during encounters with the police.

[Marc]

Hunter might have been aided had he seen the great new video "Busted -- A Citizens Guide to Surviving Police Encounters" From the Flex Your Rights Foundation http://www.flexyourrights.org -- its a great video for anyone to know how to protect yourself and your rights during encounters with the police.

[Sebastian]

I hope he can get off, because he was arrested for something I don't think should be illegal. But, knowing the consequences, he seems to have gone ahead and done it anyway. Forgetting you had the weapon in the car isn't really an excuse either. One should know where you carry weapon is at all times. I can't say I have a whole lot of sympathy.

[Grummun]

I've got some bad news for Hunter: some other folks just spent a lot of time and money fighting Ohio's ban on concealed carry (Klein v. Leis), and even after getting an exceptionally positive decision at the appeals court, they got completely hosed by the state supreme court. What are the chances the supremes will review the same law during the same session, let alone arrive at a different decision?

G

[Jason Ligon]

Egad, how idiotic was that Ohio State Supreme ruling? There is absolutely no constitutional problem with a law that requires you to first become a felon, then prove why it is okay for you to be one so they will let you go?

Blech.

[Sebastian]

Jason,

I don't really agree with the court's ruling either, but I wouldn't necessarily call it idiotic. There's an element of American culture, which goes back many years, that holds the wearing of concealed arms was sneaky and criminals behavior. Many state's right to bear arms clauses even except the wearing of concealed arms from constitutional protection. Courts have often made a destinction between the 'bearing' of arms and the 'wearing' of them. Carrying of arms openly seems to be constitutionally protected in this case, while wearing a concealed weapon is subject to regulation by the state.

Ohio's law also does not require one to become a felon in order to be let go. That you were under threat or otherwise had a need to go about armed is an 'affirmative defense' to the charge of carrying a concealed weapon in Ohio. This means they can still arrest and charge you, but if you can demonstrate a need you can defeat the felony charge and go free. This is far better than you'd get in such gun friendly places as New Jersey, New York or Washington DC.

Hopefully the Ohio legislature will clean up the mess by passing a sensible and objective licensing system for carrying of concealed weapons. They have one in the works, but their governor is being difficult about it and holding up the bill with crazy demands. The current bill is far from perfect (liscenees would be stupidly required to unconceal the weapon while in a car, raising the likelihood of accidental shootings), but it's the best Ohio has been able to do so far.

[AJMB]

Neil Young? C'mon guys, can't you do better than that?

[Rebecca]

It seems to me that the strict laws in Ohio regarding possession of a firearm in a vehicle result in the gun being absolutely useless from a self-defense point of view. ("Wait, hold on a second, mugger, let me load my weapon first - it's in a box in my trunk, and the ammo's in the glove compartment. Wouldn't want anyone to get hurt.") And if carrying a weapon can be made to appear useless, or the act of a nut case, well, it's that much easier to restrict gun ownership.

Our ideas of concealed weapons come from movies and books (and yes, real life) when crooks hid their weapons under their clothes and in violin cases. But we have a right to protect ourselves, no matter how "unfair" or "suspicious" it may seem to carry a concealed weapon. Besides, criminals are less likely to attack someone if there's a good chance they could be armed.

[Will Spencer]

"Affirmative Defense" is a newspeak way of saying "Guilty until proven innocent."

It is depressing how far we have fallen out of ignorance and laziness.