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« Report from Ohio State University campus | Main | Snowflakes in Hell: NRA Board recommendations »

Ohio Supreme Court to hear pre-emption case

Posted by David Hardy · 10 March 2010 11:26 AM

Story here. Cleveland adopted a bar on open carry, maintaining that the legislature's pre-emption statute violates its home-rule powers, under the State constitution. The Court of Appeals agreed with that, but the Ohio Supreme Court, after being petitioned by the state's Attorney General, has agreed to take the case.

· State legislation

2 Comments | Leave a comment

Anonymous | March 10, 2010 2:00 PM | Reply

See Denver University Law Review, Symposium on Home Rule, Volume 86, No. 4, 2009 for extra curricula reading.

fwb | March 11, 2010 3:08 PM | Reply

Apparently the "home rulers" haven't read the state constitution OR as is more likely the case don't want to accept limitations on their power.

§ 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.

(Adopted September 3, 1912.)


§ 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.

(Adopted September 3, 1912.)

§ 10.01 Organization and government of counties; county home rule; submission

The General Assembly shall provide by general law for the organization and government of counties, and may provide by general law alternative forms of county government. No alternative form shall become operative in any county until submitted to the electors thereof and approved by a majority of those voting thereon under regulations provided by law. Municipalities and townships shall have authority, with the consent of the county, to transfer to the county any of their powers or to revoke the transfer of any such power, under regulations provided by general law, but the rights of initiative and referendum shall be secured to the people of such municipalities or townships in respect of every measure making or revoking such transfer, and to the people of such county in respect of every measure giving or withdrawing such consent.

(Adopted Nov. 7, 1933; 115 v PtII, 443.)

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