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Ohio supreme court upholds state firearms preemption!


GarandFan

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Great news! This has been going on for a long time. Various Ohio cities have in the past banned various firearms, required registration, etc. Same problems are going on in PA, where cities are passing gun laws in violation of state preemption. NRA has a suit going there to challenge that.

 

PS: Check out all the typographical errors in this!

 

Here is the opinion itself: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2010/2010-Ohio-6318.pdf

 

 

http://www.cleveland.com/open/index.ssf/2010/12/ohio_supremes_uphold_state_law.html

 

Ohio Supreme Court upholds state law blocking Cleveland's gun law

Published: Wednesday, December 29, 2010, 9:53 AM

Aaron Marshall, The Plain Dealer

 

COLUMBUS, Ohio - In a 5-2 decision, the Ohio Supreme Court upheld a state law that blocks Cleveland and other cities from passing restrictive local ordinances banning assault weapons and requiring registration of handguns.

 

Justice Evelyn Stratton, in the majority opinion, said the 2006 state law does not violate Ohio's home rule provision that gives local authorities the ability to enact measures to protect their citizens. A key point in the case is that under home rule, any local ordinances that are passed must not conflict with Ohio's "general laws."

 

The court ruled that the state statue "is a general law that displaces municipal firearm ordinances and does not unconstutionally infringe on muncipal home rule authority."

 

When lawmakers passed the law they argued that it was needed so that gun owners didn't face a confusing patchwork of requirements as they traveled from one jurisdiction to another.

 

The city of Cleveland had argued that the statute passed by the General Assembly invalidated multiple Cleveland city ordinances regulating the possession, sale and registration of firearms within the city.

 

Additionally, a portion of the ruling sent the case back to the 8th District Court of Appleals to address a Cleveland challenge to the law over the issue of whether it violates the one-subject rule for legsiation embedded in the Ohio Constitution. The appeals court has previously avoided this particular issue by finding it moot.

 

Concurring with Stratton were Justices Maureen O'Connor, Terrence O'Donnell, Judith Lanzinger and Robert Cupp. Dissenting in the ruling were Chief Justice Eric Brown, the court's lone Democrat, and Justice Paul Pfeifer.

 

The ruling overturns a decison by the 8th District Court of Appeals that found that the law was unconstitutional and did violate Ohio's Home Rule provision.

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Just FYI ... NRA and NSSF filed briefs in support of the preemption law.

 

Those who wrote briefs in favor of local bans and restrictions (note that many are supported by Chicago's Joyce Foundation) ... I am ecstatic to see these folks lose, again.

 

Legal Community Against Violence, Ohio Coalition Against Gun Violence, Brady Center to Prevent Gun Violence, Coalition to Stop Gun Violence, States United to Prevent Gun Violence, Violence Policy Center, Ohio State University Youth Violence Prevention Advisory Board, National Council of Jewish Women Cleveland Section, Ohio State Public Affairs of the National Council of Jewish Women, Toledo Area Ministries, Toledo Police Patrolman’s Association, city of Akron, city of Cincinnati, city of Columbus, city of East Cleveland, city of Parma, city of Shaker Heights, and village of New Albany

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To read the same action taken by the Illinois Supreme Court against Chicago would be quite orgasmic................
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From the decision ... What the hey!!!? How on earth could a state Supreme Court make such a supreme mistake!!!??? There is NO state law in Ohio banning acquisition and possession of semiauto firearms.

 

 

In addition, there are statutes that prohibit certain persons from

possessing firearms. See, e.g., R.C. 2923.13 (felons and incompetents), 2923.15

(persons under the influence of drugs or alcohol), and 2923.211 (minors).

Further, state law bans the acquisition and possession of certain firearms, such as

automatic firearms, sawed off firearms, zip guns, and semiautomatic weapons.

R.C. 2923.11(E) and (K) and R.C. 2923.17.

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I've been reading articles regarding gun control for some time now ... and I do believe this is the first time I've seen sawed-off shotguns categorizes as "assault weapons." Leave it to the NYT, I guess ...

 

http://www.nytimes.com/2010/12/30/us/30ohio.html

 

Robert J. Triozzi, Cleveland’s law director, who led the city’s lawsuit, said that gun owners would now be able to walk through a public square with rifles, handguns and assault weapons, and that safety rules for possession of guns near children would also be removed, endangering residents. Ohio bans some assault weapons, like sawed-off shotguns, but Cleveland banned a broader array.

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