« Aaron Zelman passes on | Main | Ruling on right to arms and DV cases »
Ohio Sup Ct upholds pre-emption law
City of Cleveland v. State of Ohio, Ohio Supreme Court, Dec. 29, 1010. Conflict between Cleveland's enactment of a number of gun regulations, and Ohio's statewide pre-emption law. The City contended that the pre-emption law was unconstitutional under the State constitution's provision of home rule for incorporated cities. The test there was whether the State statute deals with matters of Statewide, general, importance, or tries to dabble in local matters, and the Supreme Court majority held that it was a statute of general importance. It was a statute that sought to make legal standards uniform throughout the State, it applies uniformly to every location in the State and not just this city, it involves the police power.
This seems to me rather obvious. In proof, however, that some courts apply different rules when gun regulations are at issue (witness how in Heller the Court's "liberal wing" suddenly became the strictest of strict constructionists for an hour), the Court of Appeals had struck down the statute, and even held that its provision for attorney fees should a person challenge such ordinances and win was unconstitutional because it “invite[d] unwarranted litigation and attempt[ed] to coerce municipalities into repealing or refusing to enforce longstanding local firearm regulations.”
Comments
Odd - the bottom of page 6 notes that Ohio law prohibits "semiautomatic weapons." I would be surprised if this is the case.
Posted by: John at December 29, 2010 01:17 PM
While some are unhappy about this case even being brought forward by Cleveland, I'm personally glad it's done and settled with a decisive vote. It will resolve a lot of problems in the future.
Posted by: Dann in Ohio at December 29, 2010 03:58 PM
Why are some unhappy that Cleveland pursued this case?
Thanks,
Jeff
Posted by: Jeff at December 29, 2010 07:09 PM