OH court overturns preemption!


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BB62
September 5, 2005, 01:20 PM
Last year, when Ohio's CCW law (HB12) was signed into law, part of it (Section 9) stated, in part "No municipal corporation may adopt or continue in existence any ordinance, ... or resolution that attempts to restrict the places where a person possessing a valid license to carry a concealed handgun may carry a handgun concealed."

The bill contained enumerated places where one could not carry (police stations, jails, etc.), and said that private property owners could post their property, but that governmental bodies could not add restrictions, nor enforce conflicting ordinances (see above).

Toledo, Ohio insisted that their public park carry ban would be enforced, despite what HB12 said. A Toledo activist, Bruce Beatty, wrote numerous unresponded letters to Toledo public officials, and finally held a party at a local park, where he was ticketed.

Now, in a contorted ruling reminicient of the Ohio Supreme Court, the local court has essentially said that Section 9 is so much wasted ink - opening the door for any or all of Ohio's cities to pass or enforce their own versions of Victim Zones, and anything else they please.

Ruling:
http://www.ohioccw.org/files/Toledo...ionComplete.pdf

Articles:
http://www.ohioccw.org/article3352.html

http://buckeyefirearms.org/modules....rticle&sid=2681


BB62

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Coronach
September 5, 2005, 01:51 PM
Great.

The law is feeble enough as-is. Let's gut the one provision in it that actually is useful. :banghead:

At least this is a local-court decision. One hopes that the OSC or the apellate court will slap it down in a hurry.

Mike

zahc
September 5, 2005, 01:56 PM
Oh, so that makes it even more worthless, am I right?

It's looking like by the time I'm 21, the law won't be better like I was hoping. Heck we probably won't even have CC.

BB62
September 5, 2005, 06:42 PM
This provides yet another reason for RKBA minded folks to GET ACTIVE and to join the organization of their choice - BFA, OFCC, PRO, etc.

The power of these and and RKBA organization is only as good as the people acting on their own and in concert with each organization. NONE of them would be/are able to do anything without politicians, etc. feeling the heat from people of like mind.

GET ACTIVE.


BB62

Standing Wolf
September 5, 2005, 06:54 PM
Tame leftist extremist judges seem to be a dime a dozen. I'd say they're grossly over-valued.

BB62
September 5, 2005, 08:36 PM
Tame leftist extremist judges seem to be a dime a dozen. I'd say they're grossly over-valued.

Tame leftist judges are a dime a dozen??

Unfortunately I don't know of any "tame" leftist judges!

As far as them being overvalued: to a liberal they are mightily *under*valued.


BB62

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