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We Won Today!

3610 Views 69 Replies 17 Participants Last post by  FatWhiteMan
The Ohio Supreme Court ruled that the city of Cleveland and other municipalities cannot pass their own gun laws more restrictive than those of the state. Cleveland had challenged statewide preemption on the grounds of home rule. However, the court agreed 5-2 that statewide preemption is general law and cannot be negated by home rule.

http://www.dispatch.com/live/conten...010/12/29/ohio-supreme-court-gun-control.html

That leaves Ohio with pretty much two sets of gun laws. Those covered under the concealed carry statutes and those that restrict what guns we may own. As for the latter, pretty much all we cannot do is put a magazine holding over 31 rounds into a gun unless that gun is registered as an NFA weapon.

What that leaves Cleveland, Toledo and other little bastions of libtardness is nothing. No magazine restrictions, no assault weapon bans, nothing. Some municipalities actually tried having gun registration as if Ohio gun owners would allow our guns to be registered. Some, notably Clyde, Ohio, tried to ban concealed carry in their parks and government owned land without buildings--how silly.

Anyway, this should put the matter to bed once and for all. No patchwork of libtard nonsense from jurisdiction to jurisdiction.
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The Ohio Supreme Court ruled that the city of Cleveland and other municipalities cannot pass their own gun laws more restrictive than those of the state. Cleveland had challenged statewide preemption on the grounds of home rule. However, the court agreed 5-2 that statewide preemption is general law and cannot be negated by home rule.

http://www.dispatch.com/live/conten...010/12/29/ohio-supreme-court-gun-control.html

That leaves Ohio with pretty much two sets of gun laws. Those covered under the concealed carry statutes and those that restrict what guns we may own. As for the latter, pretty much all we cannot do is put a magazine holding over 31 rounds into a gun unless that gun is registered as an NFA weapon.

What that leaves Cleveland, Toledo and other little bastions of libtardness is nothing. No magazine restrictions, no assault weapon bans, nothing. Some municipalities actually tried having gun registration as if Ohio gun owners would allow our guns to be registered. Some, notably Clyde, Ohio, tried to ban concealed carry in their parks and government owned land without buildings--how silly.

Anyway, this should put the matter to bed once and for all. No patchwork of libtard nonsense from jurisdiction to jurisdiction.
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If i'm reading this correctly.....this is a pretty big deal. ?
If i'm reading this correctly.....this is a pretty big deal. ?
Indeed, a precedent set that can be used in other court cases
Indeed, a precedent set that can be used in other court cases
NYC is a Class 1 city and can pass laws more restrictive than the state.
Anyway, in terms of law its only a precedent case. Here in NY we will have to fight our own battle.
NYC is a Class 1 city and can pass laws more restrictive than the state.
Anyway, in terms of law its only a precedent case. Here in NY we will have to fight our own battle.
Vertiviper said:
If i'm reading this correctly.....this is a pretty big deal. ?
Yes it is quite a bid deal. While it was understood as the intention of the legislature that preemption meant just that, some cities thought themselves above the law. Cleveland went as far as to even ignore it and attempt to prosecute those violating their own restrictions. A judge ruled that they could not continue prosecution until the courts had their say. This means that any on hold are dropped and all local laws are stricken.

Cleveland's challenge got a slight boost when a Cleveland judge in a Cleveland district ruled in favor of the city. The resulting challenge to the high court then not only became critical but also pretty confident that gun owners would win. And now we have.

Yay us.
Vertiviper said:
If i'm reading this correctly.....this is a pretty big deal. ?
Yes it is quite a bid deal. While it was understood as the intention of the legislature that preemption meant just that, some cities thought themselves above the law. Cleveland went as far as to even ignore it and attempt to prosecute those violating their own restrictions. A judge ruled that they could not continue prosecution until the courts had their say. This means that any on hold are dropped and all local laws are stricken.

Cleveland's challenge got a slight boost when a Cleveland judge in a Cleveland district ruled in favor of the city. The resulting challenge to the high court then not only became critical but also pretty confident that gun owners would win. And now we have.

Yay us.
Congratulations!  That's big news!
Congratulations!  That's big news!
Years ago, the Ohio Gun COllectors Association (OGCA), the BEST gun show in the US bar none, held their shows at the IX Center (International Expo) at Cleveland Hopkins airport, which happened to be located in Brook Park, Ohio.

The City of Cleveland annexed/acquired that property from Brook Park, and OGCA tried unsuccessfully to get a waiver from the City assault weapons ban. That caused the show to move permanently.

BTW, the facility was amazing. It was supposedly a tank factory in WWII, and it was one gigantic room. Could probably hold 4000-5000 tables (OGCA was not able to fill it).

OGCA had many long discussions with Cleveland about all the revenue the show brought in - EVERYONE just about stayed in a hotel, at meals, bought gas, paid tolls. SALES TAX.
They didn't care.

In fact, the same thing happened to them in Columbus, the original site of the show.

So yes, this is a VERY big deal.
Years ago, the Ohio Gun COllectors Association (OGCA), the BEST gun show in the US bar none, held their shows at the IX Center (International Expo) at Cleveland Hopkins airport, which happened to be located in Brook Park, Ohio.

The City of Cleveland annexed/acquired that property from Brook Park, and OGCA tried unsuccessfully to get a waiver from the City assault weapons ban. That caused the show to move permanently.

BTW, the facility was amazing. It was supposedly a tank factory in WWII, and it was one gigantic room. Could probably hold 4000-5000 tables (OGCA was not able to fill it).

OGCA had many long discussions with Cleveland about all the revenue the show brought in - EVERYONE just about stayed in a hotel, at meals, bought gas, paid tolls. SALES TAX.
They didn't care.

In fact, the same thing happened to them in Columbus, the original site of the show.

So yes, this is a VERY big deal.
So now someone can bring a case against NYC using this case as a precedent. My money is on NY imposing NYC law on the entire state, not the other way around.
So now someone can bring a case against NYC using this case as a precedent. My money is on NY imposing NYC law on the entire state, not the other way around.
Fantastic news for the citizens of Ohio.
Fantastic news for the citizens of Ohio.
AR_Guy said:
So now someone can bring a case against NYC using this case as a precedent. My money is on NY imposing NYC law on the entire state, not the other way around.
The New York State Legislature has specifically granted New York City Home Rule on this issue, so the lawsuit would fail.

Ohio is a pre-emption state, meaning that the State Law supercedes any local law on firearms. It just took all this time to get a Court to say so.

New York has some preemptions as well - the Village of Mineola can not ban possession of handguns. Outside of NYC handguns (and rifles) are governed by State, not Local law.
AR_Guy said:
So now someone can bring a case against NYC using this case as a precedent. My money is on NY imposing NYC law on the entire state, not the other way around.
The New York State Legislature has specifically granted New York City Home Rule on this issue, so the lawsuit would fail.

Ohio is a pre-emption state, meaning that the State Law supercedes any local law on firearms. It just took all this time to get a Court to say so.

New York has some preemptions as well - the Village of Mineola can not ban possession of handguns. Outside of NYC handguns (and rifles) are governed by State, not Local law.
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