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« Some changes in Canada | Main | Drug raid in Mexico »

Lawsuit in Ohio

Posted by David Hardy · 29 May 2007 01:54 PM

The city of Cleveland has sued the State, challenging its enactment of pre-emption. Ohioans for Concealed Carry and the NRA have filed a motion to intervene.

1 Comment | Leave a comment

Jeff | May 29, 2007 2:06 PM | Reply

Excellent!!! The mayors of Cleveland, Cincinnati, Toledo, and Columbus have all thumbed their nose at the new law establishing statewide pre-emption with regard to regulation of firearms.

They all claimed that HB12 (law establishing CCW in Ohio) was not a general law and that the "home rule" provision in the Ohio Constitution trumped the RKBA. Then they cried like babies when the Legislature took up the challenge and passed HB347 granting pre-emption. From the recently enacted law:

ORC 9.68


9.68 Right to bear arms - challenge to law.
(A) The individual right to keep and bear arms, being a fundamental individual right that predates the United States Constitution and Ohio Constitution, and being a constitutionally protected right in every part of Ohio, the general assembly finds the need to provide uniform laws throughout the state regulating the ownership, possession, purchase, other acquisition, transport, storage, carrying, sale, or other transfer of firearms, their components, and their ammunition. Except as specifically provided by the United States Constitution, Ohio Constitution, state law, or federal law, a person, without further license, permission, restriction, delay, or process, may own, possess, purchase, sell, transfer, transport, store, or keep any firearm, part of a firearm, its components, and its ammunition.

(B) In addition to any other relief provided, the court shall award costs and reasonable attorney fees to any person, group, or entity that prevails in a challenge to an ordinance, rule, or regulation as being in conflict with this section.

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