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"The power of home rule 'expressly conferred upon municipalities' cannot be withdrawn by the General Assembly," city attorneys wrote in response to the state's brief.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_court_to_hear_case_inv.htmlGun-rights group sues Cleveland to halt firearms laws arrestsFebruary 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.
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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.
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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_sues_cleveland.html 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.