Cleveland Ordered to Stop Enforcing Local Gun Control Laws
Cuyahoga County Common Pleas Judge Brian Corrigan has ordered Cleveland to stop any enforcement of 19 separate local gun control ordinances, effective immediately.
State preemption passed, what, four years ago? This is what the city thought it should spend its limited funds on, rather than police.
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.
Cleveland was hoping they would get to be the Denver of Ohio. Thankfully that didn’t happen, else Columbus, Cincinnati, etc, would have gotten exemptions as well.
The Cleveland ordinances invalidated dealt with gun registration, owner I.D. cards, assault weapon bans, limits on firearm dealers within city limits, possession of firearms in parks and other public places, seizure and destruction of firearms, storage of firearms, reporting theft of firearms and concealed carry of firearms.
All the stuff that Brady dreams are made of. *poof*
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.
I think that settles the matter pretty decisively. Congratulations and a hearty thanks to the Buckeye Firearms Foundation for all their hard work.