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Concealed Carry and the Ohio Supreme Court

Tuesday, September 23rd, 2008 By David Owsiany

The recent Ohio Supreme Court decision, finding that the City of Clyde’s ordinance prohibiting licensed handgun owners from carrying concealed handguns in Clyde city parks conflicted with an existing general law and was therefore unconstitutional, exemplifies the importance of this year’s Supreme Court elections. The court’s 4-3 decision found that Clyde’s ordinance conflicted with Ohio’s concealed carry law, which was enacted by the General Assembly and signed by then-Governor Bob Taft in 2004. The majority noted that the state law provides that licensed handgun owners “may carry a concealed handgun anywhere in this state,” with specific exceptions. Those exceptions include police stations, school safety zones, courthouses, child day-care centers, aircraft, and a few other places. The law does not provide for an exception for city parks. The 4-3 majority made clear that cities could not now make their own exceptions to Ohio’s concealed carry law. Two of the justices in the majority – Justices Maureen O’Connor and Evelyn Lundberg Stratton - are up for reelection this November. Many gun owners are concerned that Ohio cities will continue to attempt to create exceptions that severely undermine the intent of the state’s concealed carry law. Right now, the Ohio Supreme Court is the backstop against such actions. Without O’Connor and Stratton on the court, that could change.

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