This is a discussion on Ohioans For Concealed Carry Wins in Court!!! within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Sorry for the long post - this is from the OFCC site OFCC's appeal of our loss in the Clyde Case has been successful! In ...
Sorry for the long post - this is from the OFCC site
OFCC's appeal of our loss in the Clyde Case has been successful!
In a very straightforward decision, the Ohio Sixth District Court of Appeals ruled that, "due to the passage of H.B. 347, we reverse and instruct the trial court to enter summary judgment in favor of appellants" on Friday, April 13, 2007.
The road to this victory was long and hard. The City of Clyde Ohio passed a ban on concealed carry in its public parks soon after HB 12 went into effect. Ohioans For Concealed Carry sued the City, arguing that the ban was a violation of Section 9 of HB 12, which stated that the intent of the Ohio legislature was to enact HB 12 as a general law and to preempt attempts of local municipalities to further restrict the places a person with a concealed handgun license could carry their firearm. An injunction against enforcing the ordinance was granted while the case is adjudicated.
After Bruce Beatty's case against Toledo was lost, the judge in Clyde Ruled against OFCC based on that decision. OFCC immediately filed an appeal, and the injunction was kept in force. Then Ohio Attorney General Jim Petro filed a brief to intervene on OFCC's behalf, asking the court to reverse the lower court's decision.
In the Sixth District's ruling, they noted that Beatty's loss was partially dependent upon the determination that Ohio's concealed carry law was not a general law. In the appeal, two arguments were raised challenging this assertion, that the court errored in ruling that ORC 2923.126 was not a general law, and that the court erred in determining that Ohio's ccw law does not preempt Clyde's ordinance banning all firearms in city parks.
The court notes that during this appeal, HB347 passed and specifically codified preemption into the Ohio Revised Code, and that the next section "supra indicates the Ohio Legislature's clear intent that the concealed carry laws have general and uniform operation throughout Ohio."
"Therefore, Clyde Codified Ordinance 2004-41 is pre-empted by R.C. 9.68 and 2923.126, and summary judgment must be entered in appellants' favor. Appellants' assignments of error are well-taken."
Now that Clyde has been indisputably won, we will investigate how this judgment will affect the recent challenge the City of Cleveland has made to statewide preemption. It is a good day for Ohio gun owner
I accept any good 2A news, anywhere - with enormous gratitude!!
Chris - P95
NRA Certified Instructor & NRA Life Member.
"To own a gun and assume that you are armed
is like owning a piano and assuming that you are a musician!."
http://www.rkba-2a.com/ - a portal for 2A links, articles and some videos.
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Congrats. Keep up the good work!
Why Ike, whatever do you mean? Maybe poker's just not your game Ike. I know! Let's have a spelling contest!
Great Job!!! Guys!
I wear a seatbelt, but I hope to never need it, I use smoke detectors in my house, but I hope to never need them, I carry life insurance, but I hope to never need it, I carry a weapon, but I hope to never need it.
anti gun attitudes die hard and slow...
one step at a time...
Perhaps the city of Cleveland will wake up and realize that state law applies to them too...
Universal Background Checks...the next step towards registration and confiscation.
AR. CHL Instr. 07/02 FFL
Like custom guns and stuff? Check this out...
Wow logical smart rulings.
"If everyone is thinking alike, then somebody isn't thinking" - George S. Patton.
Time to stage a peacefull rally (uh, BBQ) in that specific park. Soon. Carriers, all.
Good stuff. Hopefully we will continue to move forward and improve our concealed carry laws. It'll take some time but as people see that they have been lied to by the anti's I'm hoping that they will allow even more improvements to be made.
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Congratulations on a big win in Ohio. Keep up the good work.
The ultimate result of shielding men from the effects of folly is to fill the world with fools.
NRA Life Member
Fighting, and clawing our way to the top, its an Ohio tradition.
"Just blame Sixto"
I reserve the right to make fun, point and laugh etc.
HUGE kudos and thanks go out to Attorney Ken Hanson, legislative chair for Buckeye Firearms Association, for all his tireless work that he put into this win in the name of OFCC. They must have inadverently forgotten to mention and thank the attorneys who worked hard for 3 years on this case in their article.
You done good Ken!
Member of the National Rifle Association's Board of Directors
www.BuckeyeFirearms.org Buckeye Firearms Association Central OH Chair
NRA Instructor/CCW Instructor/Realtor
2009 NRA Sybil Ludington Women's Freedom Award Recipient