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HOT! Challenge to Mr. Lowy's Statements
Update: It has been over one year, and nobody has disputed that these laws would remain enforceable. Maybe the media will keep people honest as SAF launches its new suit in Union County! ! ! !
From: Dave LaCourse, info@saf.org
To: Keith Fangman, President@FOP69.org
Subject: TRO on Gun Law
Dear FOP President,As one of the architects of the Temporary Restraining Order against an unconstitutional gun law (guilty until proven innocent), I am amazed by some of the reactions that law enforcement officials have allegedly made.
In particular, I must ask if you actually said the gun law TRO "opens the barn door for every violent criminal to carry a weapon and get away scot free" as reported in the Cincinnati Enquirer on 7/19/00 [Ruling Suspends Gun Law: Law Enforcement Officials Concerned].
Such a statement, if made as written, would be untrue since the following Ohio laws, among others, are still in effect:
§ 2923.13 Having weapons while under disability.(A) Unless relieved from disability as provided in section 2923.14 of the Revised Code, no person shall knowingly acquire, have, carry, or use any firearm or dangerous ordnance, if any of the following apply:
(1) Such person is a fugitive from justice;
(2) Such person is under indictment for or has been convicted of any felony of violence, or has been adjudged a juvenile delinquent for commission of any such felony;
(3) Such person is under indictment for or has been convicted of any offense involving the illegal possession, use, sale, administration, distribution, or trafficking in any drug of abuse, or has been adjudged a juvenile delinquent for commission of any such offense;
(4) Such person is drug dependent or in danger of drug dependence, or is a chronic alcoholic;
(5) Such person is under adjudication of mental incompetence.(B) Whoever violates this section is guilty of having weapons while under disability, a felony of the fourth degree.
§ R.C. 2923.15 Using weapons while intoxicated.(A) No person, while under the influence of alcohol or any drug of abuse, shall carry or use any firearm or dangerous ordnance.
(B) Whoever violates this section is guilty of using weapons while intoxicated, a misdemeanor of the first degree.Please note that the word CARRY is included in both of these statutes!
§ 2923.24 Possessing criminal tools.(A) No person shall possess or have under his control any substance, device, instrument, or article, with purpose to use it criminally.
(B) Each of the following constitutes prima-facie evidence of criminal purpose:(1) Possession or control of any dangerous ordnance, or the materials or parts for making dangerous ordnance, in the absence of circumstances indicating such dangerous ordnance, materials, or parts are intended for legitimate use;
(2) Possession or control of any substance, device, instrument, or article designed or specially adapted for criminal use;
(3) Possession or control of any substance, device, instrument, or article commonly used for criminal purposes, under circumstances indicating such item is intended for criminal use.(C) Whoever violates this section is guilty of possessing criminal tools, a felony of the fourth degree.
Confirmation of these three ACTIVE statutes is also available here:
http://onlinedocs.andersonpublishing.com/revisedcode/
Furthermore, there is Project Exile to help enforce the federal gun laws on the books. One of the many federal laws that could help reads as follows:
Title 18, Part 1 Crimes, Chapter 44 Firearms
Sec. 922. Unlawful acts...(g) It shall be unlawful for any person -
(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
(2) who is a fugitive from justice;
(3) who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));
(4) who has been adjudicated as a mental defective or who has been committed to a mental institution;
(5) who, being an alien -(A) is illegally or unlawfully in the United States; or
(B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26)));(6) who has been discharged from the Armed Forces under dishonorable conditions;
(7) who, having been a citizen of the United States, has renounced his citizenship;
(8) who is subject to a court order that -(A) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate;
(B) restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and
(C)(i) includes a finding that such person represents a
credible threat to the physical safety of such intimate partner
or child; or
(ii) by its terms explicitly prohibits the use, attempted
use, or threatened use of physical force against such intimate
partner or child that would reasonably be expected to cause
bodily injury; or(9) who has been convicted in any court of a misdemeanor crime of domestic violence, to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.
I do expect an e-mail back clarifying your statement. I can't believe that you were quoted correctly.
Sincerely,
Dave LaCourse
SAF Public Affairs DirectorHOT! Challenge to Mr. Lowy's Statements
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