One for the good guys! Cities can't ban guns from parks, Ohio Supreme Court rules

[Divebum47]

In a 4-3 ruling, the Ohio Supreme Court has rejected the City of Clyde's appeal in OFCC v. Clyde and ruled that Clyde's ban on concealed carry in their parks is unconstitutional!

The issue presented in this case concerns whether Clyde Ordinance 2004-41, 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 Section 3, Article XVIII, of 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. Accordingly, we affirm the judgment of the court of appeals.

The courts analysis of the law seems to be a refreshing change of tactic from our earlier efforts in the Supreme Court. For instance, on page five, the court acknowledges that the State of Ohio Legislature has authorized carrying a firearm "unless otherwise prohibited" by federal or state law. This is huge:

Simply put, the General Assembly, by enacting R.C. 9.68(A), gave persons in Ohio the right to carry a handgun unless federal or state law prohibits them from doing so. A municipal ordinance cannot infringe on that broad statutory right.

[DefensiveCarry.com]

[wpk]

This is a great win in more ways than one. It essentially becomes a precedent for state law trumping "home rule" communitites. Hopefully we can use this to help win our residency lawsuit that we've been fighting for years and years. Cities believing that their little rules beat state law has never made sense to me.

[NYcarry]

Good deal, way to go Ohio!

[goldshellback]

Very good win!

Make sure Your rep's know it too!

[GunnyBunny]

But why, like the DC decision, is it always by only one vote??

[Cupcake]

But why, like the DC decision, is it always by only one vote??

Tru Dat. But still:

[Ram Rod]

Good for you all! One for the good guys...? The good guys can use all the help they can get these days, that's for sure. I hope things keep stepping forward and never go back. We need to make sure every inch of land we gain we must keep, and fight we will to keep it.

[threefeathers]

One of many we're winning.

[mustang]

That is a huge win! That could have and will effect the rest of the State, thank god in a positive way. One for the Good Guys

[MitchellCT]

But why, like the DC decision, is it always by only one vote??

Because Courts like to keep the winning side from getting a big head and give the loosers the illusion of hope next time.

[rtroha]

Yesterday, Ohio CCW won a major court victory. State preemption was validated by the Ohio Supreme Court in the Ohioans for Concealed Carry vs. City of Clyde case.

A loss would have killed state preemption and all the city laws against assault weapons and "Saturday night specials" would have been back in force. City gun registrations would have been back.

Even worse, cities would have been able to ban CCW within their limits.

Here is a Cleveland Plain Dealer article on the court decision.

Cities can't ban guns from parks, Ohio Supreme Court rules - Cleveland.com

Also, Ohioans for Concealed Carry, the organization that won the court case, has some articles on their web site.

Ohioans For Concealed Carry - The Premier Gun Rights Organization in Ohio Since 1999 - OFCC Wins, Local Gun Bans Unconstitutional!

Ohioans For Concealed Carry - The Premier Gun Rights Organization in Ohio Since 1999 - OFCC v. Clyde Not Just About Parks

The Ohio legislature didn't want to burden law abiding citizens with having to learn a patchwork quilt of local gun laws. What might be perfectly legal in one spot could make you a felon by taking two steps across a city boundary controlled by an anti-gun local government. If Clyde had been allowed to keep their park ban, it would have set the stage for expansions of bans anywhere such bureaucrats wanted. Ohio law would have been rendered mute.

[njeske]

great news!