Wednesday, December 29, 2010

DBJ... Ruling: Cities can't restrict gun owner rights

From Dayton Business Journal…
Ohio Supreme Court: Cities can’t restrict gun owners’ rights
Wednesday, December 29, 2010

Ohio’s Second Amendment rights advocates have a major victory in hand following a Wednesday state Supreme Court decision that upholds a 2006 law barring cities from making further restrictions on gun laws.
The Ohio Supreme Court ruled in a 5-2 decision that a Cuyahoga County trial court was right in siding with the state when Cleveland sued, claiming a wide-ranging Ohio law on Second Amendment rights unconstitutionally blocked its “home rule” authority to regulate gun sales and possession. One ordinance banned assault weapons.
The city challenged that decision and received a favorable ruling in the appeals court, but Attorney General Richard Cordray took the case to the Supreme Court in the run-up to Wednesday’s victory.
Justice Evelyn Lundberg Stratton wrote in Wednesday’s decision that without a comprehensive statewide law, “gun owners would face a confusing patchwork of licensing requirements, possession restrictions and criminal penalties as they travel from one jurisdiction to another.”
“We hold that (the gun law) is a general law that displaces municipal firearm ordinances and does not unconstitutionally infringe on municipal home rule authority.”
Cordray in a statement called Wednesday’s ruling “an important victory for every gun owner in Ohio.”
Click here to download the ruling.

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