DEFENSIVE GUN FREEDOM STRENGTHENS IN MUNICIPALITIES

Ohio’s Supreme Court Upholds Preemption, Shoots Down
Cleveland’s Hopes of More Gun Laws

Wednesday, December 29, 2010

The Ohio Supreme Court ruled today upholding
Ohio’s preemption law and siding with both the
state and the National Rifle Association’s position,
as outlined in an amicus brief the organization
filed with the Court. The case, The City of
Cleveland v. the State of Ohio, stems from the
City of Cleveland’s scheme to establish a series
of restrictive gun laws despite Ohio law, which
clearly prohibits such municipal gun ordinances.

Chris Cox, executive director of the NRA Institute
for Legislative Action, said, “Today’s ruling is a victory
for law-abiding Ohioans. This ruling makes clear
that preemption is the law in the Buckeye State
and a patchwork of gun laws is not acceptable.
If Cleveland, or any other city, wants to crack
down on violence, city leaders there should focus
on prosecuting criminals, not enacting new gun
laws that only serve to restrict law-abiding citizens.”

The City of Cleveland filed suit against the State
of Ohio in March of 2007, challenging changes to
Ohio state gun laws that effectively preempted all
municipal ordinances as to possession and
concealed carry of handguns. Cleveland’s city
council passed burdensome ordinances -- including
forced registrations and bans on both open carry
and semi-automatic firearms -- that only impacted
the law-abiding. The city filed suit to try to preserve
its ability to impose these restrictions. The Court
found that the state law in no way violates Cleveland’s
home rule powers under the Ohio Constitution,
as those powers are still subordinate to matters
of general concern within the state.

The National Rifle Association immediately moved
to intervene but was rebuffed by the trial court
and again at the mid-appellate level. The trial
court ruled for the state, but the court of appeals
reversed and ruled for Cleveland. The NRA, along
with Ohioans for Concealed Carry, filed an amicus
brief with the Ohio State Supreme Court in support
of the state’s ability to make firearm laws of
general concern, and thus effectively preempt
municipalities from creating a patchwork of gun
laws throughout the state.