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Ohio Supreme Court to hear case involving Cleveland gun law...

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spin Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-10-10 05:09 PM
Original message
Ohio Supreme Court to hear case involving Cleveland gun law...

March 10, 2010, 11:51AM

COLUMBUS, Ohio -- The Ohio Supreme Court has agreed to hear a case challenging the city of Cleveland's tough handgun regulations.

A lower court has sided with the legislature but a state appeals court overturned the lower court and handed Cleveland a victory. Now, the state's highest court will weigh in.

In 2007, Ohio's gun laws were revised to stipulate that permit holders could openly carry firearms in Ohio. House Bill 347 was intended to create a uniform gun law across the state and end the hodgepodge of rules from city to city, county to county.

"The legislature also determined that it needed to provide uniform laws throughout the state governing firearms possession," the attorney general's office wrote on behalf of the legislature in a brief asking the court to review the case. "It therefore restricted the ability of political subdivisions to enact local firearms ordinances."

But Cleveland, exercising its home-rule authority, established tougher regulations anyway than what the state stipulated, basically outlawing open carry within city limits. The city contends the legislature has no authority to pass a law that trumps a city's constitutionally protected home rule rights, which allows it to pass laws specific to its municipality.


"The power of home rule 'expressly conferred upon municipalities' cannot be withdrawn by the General Assembly," city attorneys wrote in response to the state's brief. "Local authority to legislate is grounded in the constitution, not the general assembly."

The Supreme Court is expected to hold oral arguments on this case later this year.
http://www.cleveland.com/open/index.ssf/2010/03/supreme...


Gun-rights group sues Cleveland to halt firearms laws arrests
February 28, 2009, 8:29PM

An Ohio gun-rights group wants Cleveland police to stop arresting people on local firearms charges.

The Buckeye Firearms Foundation Inc. has sued the city, saying it continues to enforce local laws that conflict with state and federal statutes. The case was filed in Cuyahoga County Common Pleas Court last week in an attempt to void 20 local laws, some dating to 1976.

The suit says that the state already has decided the gun issue but that Cleveland allows police officers to arrest people who legally possess weapons under Ohio law but do not have city-issued permits to carry a gun. The lawsuit seeks an injunction to prevent further arrests.

***snip***

The suit says Cleveland cannot limit or restrain state or federal gun laws. It cites a state law that went into effect in March 2007 that says unless prevented by Ohio or U.S. law, a person may own and possess firearms.

That law, according to the lawsuit, nullifies the city's codes. On the day the law took effect, Cleveland sued the state, pushing its home-rule argument.

***snip***

In the meantime, L. Kenneth Hanson, the attorney for the gun-rights group, said the city should stop enforcing the laws, including one that forces residents to obtain identification cards to possess guns. If residents don't have such cards but do have concealed-carry permits, they could face a $1,000 fine.

Hanson said neither state nor federal laws ever discuss an "identification card."

Triozzi says the local laws are made to ensure safety. Hanson, however, said recent shootings are "pretty compelling evidence that these laws don't work." emphasis added
http://blog.cleveland.com/metro/2009/02/gunrights_group...


Sounds like the mayor of Cleveland Ohio is a clone of Chicago's "King Richard" Daley. Lots of money is being wasted in foolish lawsuits. Maybe it could be used as funds for improvements in the police department.

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sharesunited Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-10-10 05:30 PM
Response to Original message
1. Just eliminate retail gun stores through the zoning laws. That would help.
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PavePusher Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-10-10 05:43 PM
Response to Reply #1
3. Wow. You are just all about being Unconstitutional. n/t
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spin Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-10-10 05:47 PM
Response to Reply #1
4. Good luck trying that ...
Even if Cleveland did ban gun stores by zoning laws, the gun stores would just move outside the city limits.

Other cities would appreciate the business.
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OneTenthofOnePercent Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-10-10 08:15 PM
Response to Reply #1
5. No that wouldn't. Your line of reasoning is asinine.
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Pullo Donating Member (367 posts) Send PM | Profile | Ignore Wed Mar-10-10 05:36 PM
Response to Original message
2. Ohio has a strong preemption law
Cleveland is wasting its taxpayers dollars, and attempting to make criminals out of law-abiding gun owners. Their mayor should be the one staring down an indictment.
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YllwFvr Donating Member (757 posts) Send PM | Profile | Ignore Sun Mar-14-10 09:42 AM
Response to Original message
6. We are dealing with something similiar
here in Pennsylvania. State law says no one can regulate firearms more strictly than state law, yet Philadelphia regularly denies people a License To Carry a Firearm and arrests people for lawful Open Carry. We keep waiting for someone to sue them but no one wants to man up who has been wrongfully violated.

Philthy says its because they are a city of the first class, that allows them to regulate firearms, but there is no such exception to state law. Philly is also pissed that people who were unlawfully denied there shall issue LTCF are getting issued out of state licenses by Floria, which is silly because Floridas licensing requirements are far more difficult to obtain, requiring finger prints and firearms training that Pa law does not.

If you pass the background check here you get a LTCF. But not in Philly, they will refuse you if you owe parking tickets. State law has a list of offenses that will deny you a permit, Philly just adds there own conditions as they please. Thats not "shall issue" its "may issue". The Florida background check is actually more intensive than the one in Pa as well. Philly is demanding a list of Philadelphia residents who have Florida permits be revealed to them so they may be revoked. Fl officials basically told them to go pound sand, Philly cant revoke them. A Florida official said at least he follows the law, unlike Philly which routinly ignores it.

BEAT DOWN! If only Philthy cared.
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