As expected, the Ohio Supreme Court has agreed to hear Cleveland's challenge to statewide preemption of gun laws.
As I recapped a week ago (Cleveland continues fight for local gun control), Cleveland sued the state of Ohio over Ohio Revised Code 9.68. That law, known a statewide preemption, overturns all but a select few local gun laws in an attempt to make gun regulations consistent across the state. Cleveland, and a few other cities, feel they should have the ability to pass whatever gun laws they want.
The Ohio Supreme Court previously upheld preemption in the Ohioans For Concealed Carry v. City of Clyde case, ruling that Clyde's ban on guns in city parks violated preemption. Cleveland is throwing out various arguments, including that the Clyde ruling only pertains to concealed carry of handguns.
When Cleveland originally filed suit, the State won. Cleveland appealed and won the second time, setting up the OSC challenge. In both previous cases, judges denied a joint attempt by Ohioans For Concealed Carry and the NRA to intervene in defense of the State. This time, a friend of the court brief will be filed by that coalition.
Cleveland believes they will prevail in this challenge.
"This whole notion that somehow the state can preempt municipalities, that is just not imbedded in Ohio law," said Cleveland law director Robert Triozzi. "Preemption is not the law of the state of Ohio. Home rule is the law of the state of Ohio."
Except, of course, that preemption is the law of the State of Ohio. Home rule is in the Ohio constitution and states:
§ 18.07 Home rule
Any municipality may frame and adopt or amend a charter for its government and may, subject to the provisions of section 3 of this article, exercise thereunder all powers of local self-government.
The catch is section 3:
§ 18.03 Powers
Municipalities shall have authority to exercise all powers of local self-government and to adopt and enforce within their limits such local police, sanitary and other similar regulations, as are not in conflict with general laws.
Ohio revised code 9.68 states that all gun laws are general laws and are therefore preempted. Cleveland disagrees and it is now up to the Ohio Supreme Court to decide for the second time if gun owners are to be subject to a patchwork quilt of local gun laws where your rights are subject to the whims of local political fiefdoms or if the rights protected by the U.S. and Ohio constitutions are really the law of the land.
Comments
I will vote with my feet if I have to deal with an impossible patchwork of laws.
It's frustrating that progress with individual rights in Ohio has to slow down and wait for the city of Cleveland to finish it's little game of "mine is bigger than yours" with the state of Ohio. Should something go drastically wrong, and the decision favors Cleveland, it will be a sad day for individual rights in Ohio.
Can't see the Court saying "We were full of it in our Clyde decision.", can you? I do hope there are sanctions they can place on the city of Cleveland, like payment of all legal fees for their opposition through the entire process and full public disclosure of the settlement terms and amounts. Don't know if that is possible in Ohio, but it should be, since the court has already ruled on this issue and Cleveland ignored that decision which carries the force of law.
"Cleveland, and a few other cities, feel they should have the ability to pass whatever gun laws they want."
Let's clarify: Cleveland, and a few other dities, feel they should have the ability to violate the rights of citizens whenever they want.
There.....that's more accurate.
"those that hammer their swords into plows, end up plowing for those who did not". Think on that REALLY hard.
The real problem is they brainwash people into believing we have a democracy, because with a democracy, they can get you to vote away your rights. 51% of the people can vote to exterminate the other 49%.
We have a constitutional republic, and they cant touch the 2nd amendment without a constitutional convention, but they dont want anyone to know or think that. They cannot take our rights by force, they are trying to get your dumb neighbor to vote your rights away for you, and with all the vote rigging going on, they could do it, unless people start calling out those that try to label this a democracy, they will keep trying, and sadly alot of people are brainwashed enough to think they can do this to us. Turn off your TVs everyone, the CIA controls the MSM. They are using what they do to foreign countries by controling both sides of the debate in front of you, but not including you.
I think local government is over stepping on some issues. When they try to enact ordinances that conflict with state, they need to be stopped. We have a U.S. and State constitution, that they may not conflict with. Some of them, just need to learn how to read.
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