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« Fellow arrested during DNC convention released | Main | The Palm Pistol »

Ohio court strikes down city ban on guns in parks.

Posted by David Hardy · 18 September 2008 09:27 AM

Opinion, in pdf, here. The suit was brought by Ohioans for Concealed Carry, and challenged a city ban on guns in parks, as applied to CCW licensees, since the State law said a licensee could carry other than in specified areas (which did not include parks). The city's argument was based on the home-rule provisions of the State constitution, giving cities the power to regulate local matters. The four judge majority concluded that the State intended to create a State-wide standard for licensed carry, so it was not purely a local matter. The three judge minority argued that the ability of private property owners to restrict carry meant that it was not truly a State-wide standard, but one that varied from place to place, and hence a city could regulate it.

UPDATE: Eugene Volokh has a detailed critique of the dissent.

Hat tip to reader Mark Noble (who incidentally is running for Congress in Ohio-15).

· State legislation

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