As expected, the Ohio Supreme Court has agreed to hear Cleveland’s challenge to statewide preemption of gun laws.
As I recapped a week ago (Cleveland continues fight for local gun control), Cleveland sued the state of Ohio over Ohio Revised Code 9.68. That law, known a statewide preemption, overturns all but a select few local gun laws in an attempt to make gun regulations consistent across the state. Cleveland, and a few other cities, feel they should have the ability to pass whatever gun laws they want.
The Ohio Supreme Court previously upheld preemption in the Ohioans For Concealed Carry v. City of Clyde case, ruling that Clyde’s ban on guns in city parks violated preemption. Cleveland is throwing out various arguments, including that the Clyde ruling only pertains to concealed carry of handguns.
When Cleveland originally filed suit, the State won. Cleveland appealed and won the second time, setting up the OSC challenge. In both previous cases, judges denied a joint attempt by Ohioans For Concealed Carry and the NRA to intervene in defense of the State. This time, a friend of the court brief will be filed by that coalition.
Cleveland believes they will prevail in this challenge.
“This whole notion that somehow the state can preempt municipalities, that is just not imbedded in Ohio law,” said Cleveland law director Robert Triozzi. “Preemption is not the law of the state of Ohio. Home rule is the law of the state of Ohio.”
Except, of course, that preemption is the law of the State of Ohio. Home rule is in the Ohio constitution and states:
§ 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.
The catch is section 3:
§ 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.
Ohio revised code 9.68 states that all gun laws are general laws and are therefore preempted. Cleveland disagrees and it is now up to the Ohio Supreme Court to decide for the second time if gun owners are to be subject to a patchwork quilt of local gun laws where your rights are subject to the whims of local political fiefdoms or if the rights protected by the U.S. and Ohio constitutions are really the law of the land.Get the Gun Rights Examiners widget and many other great free widgets at Widgetbox!