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Ohio Supreme Court Rules Clyde City Gun Ordinance Unconstitutional

Thursday, September 18, 2008

Fairfax, Va. --- The Supreme Court of Ohio ruled today in favor of concealed carry permit holders in Clyde, Ohio by ruling unconstitutional the ban on possession of firearms in municipal parks. This ruling comes at a time when many jurisdictions, both big and small, are in violation of state firearm laws.

“This is a significant win for gun owners in Ohio. The decision by the Ohio Supreme Court affirms that Clyde city’s efforts to restrict the lawful possession of firearms was over-reaching and inconsistent with state laws,” said Chris W. Cox, NRA's chief lobbyist. “The NRA is ready to assist in lawsuits across the state to maintain the integrity of Ohio gun laws. We remain concerned about the City of Cleveland's current campaign of prosecuting otherwise law-abiding Ohio gun owners for violation of Cleveland-only gun ordinances.”

The issue presented in this case concerns whether the Clyde city ordinance, which prohibits licensed handgun owners from carrying concealed handguns in Clyde city parks, is a valid exercise of the municipality's home-rule power according to the Ohio Constitution. Because the ordinance is an exercise of the municipality's police power that conflicts with a general law, the ordinance is unconstitutional.

In January 2004, the General Assembly enacted a state law that allowed qualified candidates the ability to obtain a permit to carry a concealed firearm anywhere in Ohio except locations outlined in state law. Also included in the bill was language to protect the uniformity of concealed carry firearms laws.

Cox concluded, “On behalf of gun owners in Ohio, I would like to thank Ohioans for Concealed Carry and the Office of the Ohio Attorney General for standing up to preserve uniform laws on gun ownership across Ohio.”

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Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.