Court Orders Cleveland to Stop Enforcing Local Gun Control

[friendly_iconoclast]

Note: emphasis added

http://www.buckeyefirearms.org/printable/node/7811

Court Orders Cleveland to Stop Enforcing Local Gun Control

Submitted by cbaus on Wed, 05/25/2011 - 13:32

Cuyahoga County Common Pleas Judge Brian Corrigan has ordered Cleveland to stop any enforcement of 19 separate local gun control ordinances, effective immediately.

Buckeye Firearms Foundation is the lead Plaintiff in the case, which was filed in early 2009. In the interim, Cleveland sued the State of Ohio in an attempt to have the state's firearm laws declared an unconstitutional usurpation of a city's home rule authority. In December 2010, the Ohio Supreme Court entered final judgment against Cleveland, ruling (for a second time) that the state's laws were valid.....

Judge Corrigan wrote, "R.C. 9.68 clearly invalidates any and all municipal ordinances regulating 'the ownership, possession, purchase, other acquisition, transport, storage, carrying, sale, or other transfer of firearms, their components, and their ammunition.'" Judge Corrigan set July 7, 2011 as a hearing on Buckeye Firearm Foundations request for mandatory attorney fees. The Ohio Supreme Court has already upheld the validity of the mandatory attorney fee provision.

Attorney Ken Hanson, who represented Buckeye Firearms Foundation in the litigation, said “"We are gratified that the trial court took the time to understand the arguments and the law, and consider the case without being sidetracked by emotional, discredited arguments. Public records requests clearly showed that these ordinances were almost never used to prosecute criminals, and instead operated only as a bar to ownership/possession by those inclined to follow the law in the first place."....

The ruling is available (in *.pdf format) here:

http://www.buckeyefirearms.org/publicfiles/pdf/BFAvCLE.pdf

[lawodevolution]

1. In this case a gun registration scheme was shot down

A semi auto ban also struck down.

This is good news, hopefully registration schemes will be shot down one at a time.

[ileus]

2. Good news for our Ohio friends.

[spin]

3. Glad to see this happen ...

The concept of having every little town and city having their own regulations on firearms and concealed carry makes for an impossible situation for those who have carry permits. Of course that is the idea. Rather than deal with the real problem of criminals who carry illegal firearms and misuse them, the local officials pander to those who dislike firearms and harass honest gun owners.