Explore The NRA Universe Of Websites

Cleveland Loses Firearm Preemption Case, Leaves Taxpayers to Foot the Bill

Friday, February 2, 2018

Cleveland Loses Firearm Preemption Case, Leaves Taxpayers to Foot the Bill

On Wednesday, the Supreme Court of Ohio refused to hear an appeal by the City of Cleveland to an intermediate appellate court ruling that invalidated several of Cleveland’s gun control ordinances under the Ohio firearm preemption statute. The decision brings to an end a long-running dispute over the validity of the ordinances and represents a major win for the Buckeye State’s gun owners. What’s unlikely to end, unfortunately, is the political grandstanding by Cleveland’s antigun politicians, with Mayor Frank Jackson having previously indicated that “corrective language” for the ordinances has already been proposed to the city council. The case is Ohioans for Concealed Carry, Inc. v. City of Cleveland.

Ohio passed its firearm preemption law in 2006. It states that the “right to keep and bear arms” is a “fundamental individual right” that is “constitutionally protected … in every part of Ohio … .” It also provides for “uniform laws throughout the state regulating the ownership, possession, purchase, other acquisition, transport, storage, carrying, sale, or other transfer of firearms, their components, and their ammunition.” The statute additionally grants those who successfully challenge local ordinances as being in conflict with state law the right to recover costs and reasonable attorney fees for bringing the action.

Cleveland first launched an unsuccessful lawsuit to have the preemption statute invalidated. That effort was rebuffed by the Ohio Supreme Court in 2010.

Nevertheless, in 2015, Cleveland brazenly enacted a slate of local gun control laws that in many cases exceeded the state’s own regulation of firearms. It was the very sort of action prohibited by the state preemption law, and pro-gun Ohioans warned the city that it faced certain legal action if it went ahead with the legislation. Yet council members ignored the warnings, even as they acknowledged the limited utility of the laws. Cleveland.com reported, for example: “Council President Kevin Kelley said that the legislation was not designed to stop gun violence. Rather, it is a reflection of council's values and is good public policy intended to encourage responsible gun ownership.”

That expression of values will now cost Cleveland taxpayer’s dearly, as the city will be responsible for the plaintiffs’ fees and costs in the long-running case.

TRENDING NOW
Gun Grabbers Demand Unprecedented “Executive Actions”

News  

Monday, November 23, 2020

Gun Grabbers Demand Unprecedented “Executive Actions”

Biden was supposedly the point man for the gun control push Barack Obama launched during his second term. Obama has made a point of repeatedly emphasizing how lack of “progress” on gun control was the most frustrating and anger-inducing aspect ...

ATF Continues Rogue Assault on Common Pistols, Rule of Law

News  

Monday, November 2, 2020

ATF Continues Rogue Assault on Common Pistols, Rule of Law

Rogue elements of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) are continuing their assault on certain types of commonly-owned semi-automatic pistols. According to the law firm Wiley, ATF has developed a new interpretation of ...

Guide To The Interstate Transportation Of Firearms

Gun Laws  

Thursday, January 1, 2015

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

BATFE Leadership Push Biden to Target Pistol Stabilizing Braces and Unfinished Receivers

News  

Monday, November 16, 2020

BATFE Leadership Push Biden to Target Pistol Stabilizing Braces and Unfinished Receivers

Just in case anyone needed further proof that much of the federal bureaucracy is more interested in serving themselves and left-wing political interests than public service, news broke this week that rogue elements of Bureau ...

Anti-gun Politicians Seek to Tax Your Second Amendment Rights Into Oblivion

News  

Tuesday, September 8, 2020

Anti-gun Politicians Seek to Tax Your Second Amendment Rights Into Oblivion

In 1819, Chief Justice John Marshall of the U.S. Supreme Court famously wrote:  “the power to tax involves the power to destroy ….”

Joe Biden and Kamala Harris Want to Destroy the Second Amendment

News  

Monday, November 2, 2020

Joe Biden and Kamala Harris Want to Destroy the Second Amendment

While discussion of the Second Amendment and gun control have been noticeably absent from the presidential debates and mainstream media coverage, gun rights are without a doubt on the ballot tomorrow.

Guide To The Interstate Transportation Of Firearms

Gun Laws  

Monday, June 30, 2014

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

Record Amount of Gun Control Legislation Introduced on First Day of Bill Pre-Filing for 2021 Texas Legislative Session

Tuesday, November 10, 2020

Record Amount of Gun Control Legislation Introduced on First Day of Bill Pre-Filing for 2021 Texas Legislative Session

Although the 2021 session of the Texas Legislature convenes on January 12, gun control advocates financed by New York billionaire Michael Bloomberg and Beto "Hell Yeah, I'll Take Your Guns" O'Rourke wasted no time in announcing their ...

Gallup: Support for Gun Control has Dropped and It’s Not a Priority for Americans

News  

Monday, November 23, 2020

Gallup: Support for Gun Control has Dropped and It’s Not a Priority for Americans

After a year of COVID uncertainty, civil unrest, and record gun sales, support for further firearms restrictions has reached its lowest point since 2016. Moreover, the data shows that exceedingly few Americans consider additional gun controls the ...

Virginia Gun Ban Agenda 2021: Concealed Carry Under Attack

Monday, November 23, 2020

Virginia Gun Ban Agenda 2021: Concealed Carry Under Attack

Lori Haas, of the so-called Coalition to Stop Gun Violence (CSGV), formerly known as the National Coalition to ban Handguns until 1990, is already working with the office of Attorney General Mark Herring to attack your ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

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.