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
Levi’s Teams with Billionaire Michael Bloomberg to Attack Gun Rights

News  

Friday, September 7, 2018

Levi’s Teams with Billionaire Michael Bloomberg to Attack Gun Rights

Levi Strauss & Co. established its brand in the mid-19th century by selling durable clothing to working-class Americans. As Levi’s signature jeans gained popularity amongst a wider set in the middle of the last century, ...

Yes, George Soros is a Gun Grabber

News  

Friday, November 16, 2018

Yes, George Soros is a Gun Grabber

In 2015, billionaire gun control financier and potential 2020 presidential candidate Michael Bloomberg financed the creation of the anti-gun propaganda outlet The Trace. Ever grateful for their wealthy benefactor’s unfettered largesse, the Bloomberg advocacy group now views less-profligate anti-gun tycoons as ...

Indulgences for Hollywood as Movie Studio Buys Gun Offsets

News  

Friday, November 16, 2018

Indulgences for Hollywood as Movie Studio Buys Gun Offsets

In 2014, Hollywood movie mogul and fierce NRA critic Harvey Weinstein appeared to acknowledge the movie industry might be able to have a positive impact by reducing its glorification of criminal violence. Weinstein explained, I have to ...

House Democrats Outline Gun Control Agenda for 116th Congress

News  

Friday, November 16, 2018

House Democrats Outline Gun Control Agenda for 116th Congress

With anti-gun Democrats back in control of the House of Representatives come January, now is the time to prepare for a new onslaught on the Second Amendment. Emboldened by the mere thought of controlling the ...

Toledo Mayor Plays Politics With Officer Safety Via New Firearm Procurement Measures

News  

Friday, November 16, 2018

Toledo Mayor Plays Politics With Officer Safety Via New Firearm Procurement Measures

Bad ideas have a way of recurring within gun control circles. And when they do, they are usually accompanied by self-congratulatory rhetoric about their supposedly “innovative” and “forward-thinking” nature. That was certainly the case this ...

California: CA DOJ Issues Consumer Alert Regarding Use of Non-REAL IDs for Firearm Purchases

Tuesday, November 20, 2018

California: CA DOJ Issues Consumer Alert Regarding Use of Non-REAL IDs for Firearm Purchases

Today, Tuesday, November 20, Attorney General Becerra issued a consumer alert regarding the Use of “Federal Limits Apply” Driver Licenses and IDs to purchase firearms.

Surprise: Physician Group Rehashes Same Tired Gun Control Policies

News  

Friday, November 2, 2018

Surprise: Physician Group Rehashes Same Tired Gun Control Policies

Everyone has hobbies. Some doctors’ collective hobby is opining on firearms policy. Half of the articles in the “Latest from Annals” email from the Annals of Internal Medicine journal are related to firearms. The most prominent of these ...

NRA Challenges Constitutional Violations in Initiative 1639

News  

Thursday, November 15, 2018

NRA Challenges Constitutional Violations in Initiative 1639

The NRA was joined by the Second Amendment Foundation in filing a lawsuit challenging gun control measures recently passed in Washington ballot initiative I-1639.

California: Cities Backpedal on Over-Reaching & Preempted Local Anti-Gun Ordinances

Friday, November 16, 2018

California: Cities Backpedal on Over-Reaching & Preempted Local Anti-Gun Ordinances

The City of Palm Springs decided to repeal the reporting ordinance to avoid litigation and the City of Saratoga also withdrew an ordinance that would have imposed the same type of reporting limitation on victims of firearm ...

Oxnard:  Public Hearing on Urgency Moratorium Would Ban New Stores From Selling Firearms and Ammunition

Tuesday, November 20, 2018

Oxnard: Public Hearing on Urgency Moratorium Would Ban New Stores From Selling Firearms and Ammunition

On Tuesday, November 27th, the Oxnard City Council will hold a public hearing to consider an interim “urgency” ordinance which would impose a “temporary” moratorium prohibiting any new retail firearm and ammunition businesses from opening ...

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.