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Thread: Does Ohio have statewide preemption?

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    Greetings all

    I am a PA resident, but my son-in-law is an Ohio resident. He is visiting right now for a week, and is telling me that Mahoning County is now requiring yearly testing for his carry permit. Is this something the county can do, or are they out of line? PA doesn't allow municipalities to make up their own laws (they keep trying anyway), but I have no idea about Ohio. I told him I would ask about it here, as he does not get much access to the computer.

    Thanks.

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    Accomplished Advocate color of law's Avatar
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    PennsyPlinker wrote:
    Greetings all

    I am a PA resident, but my son-in-law is an Ohio resident. He is visiting right now for a week, and is telling me that Mahoning County is now requiring yearly testing for his carry permit. Is this something the county can do, or are they out of line? PA doesn't allow municipalities to make up their own laws (they keep trying anyway), but I have no idea about Ohio. I told him I would ask about it here, as he does not get much access to the computer.

    Thanks.
    No can do. Who is telling him this????

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    He got a letter from the county. He is here in eastern PA and the letter is at home in Poland, and he doesn't remember which office, but it is an official one from someone in the county.

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    Accomplished Advocate color of law's Avatar
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    When he gets home he needs to post the letter so all may read. If it says what you say then the sheriff or someone in the county got some explanin to do......

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    I will encourage him to do so. Thanks for the responses.

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    Sounds like someone with some power wanting to control everything. I say that we all should ask them



    here is the contact email address for the county sheriff dept. mfonda@sheriff.mahoning.oh.us



    maybe they will reply to all of us.

  7. #7
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    PennsyPlinker wrote:
    Greetings all

    I am a PA resident, but my son-in-law is an Ohio resident. He is visiting right now for a week, and is telling me that Mahoning County is now requiring yearly testing for his carry permit. Is this something the county can do, or are they out of line? PA doesn't allow municipalities to make up their own laws (they keep trying anyway), but I have no idea about Ohio. I told him I would ask about it here, as he does not get much access to the computer.

    Thanks.
    Statewide preemption. The state sets requirements for granting and renewing Ohio CHLs. Any such alleged letter has no more legal effect than a declaration of Zoroastrianism as the county religion.
    --- Gun control: The theory that 110lb. women have the "right" to fistfight with 210lb. rapists.

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    Deanimator wrote:
    PennsyPlinker wrote:
    Greetings all

    I am a PA resident, but my son-in-law is an Ohio resident. He is visiting right now for a week, and is telling me that Mahoning County is now requiring yearly testing for his carry permit. Is this something the county can do, or are they out of line? PA doesn't allow municipalities to make up their own laws (they keep trying anyway), but I have no idea about Ohio. I told him I would ask about it here, as he does not get much access to the computer.

    Thanks.
    Statewide preemption. The state sets requirements for granting and renewing Ohio CHLs. Any such alleged letter has no more legal effect than a declaration of Zoroastrianism as the county religion.
    I understand that it will have no legal bearing, but if it is the sheriff who sent it out, and the sheriff who approves the license, it may be a little more involved than just ignoring the letter, right? And while he is no shrinking violet, he is nowhere near as confrontational as his father-in-law. As an added complication to the whole sorry affair, he got another letter telling him that his permit was being revoked because the person who administered his training had his credentials revoked. So on top of all this, he needs to get a training class anyway. That part we are going to take care of here since I am an NRA certified instructor, but every year is not going to be fun. And until people get in the sheriff's face about it, he is going to do what he wants.

    You know how rambunctious we get about this stuff over here in PA.

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    Regular Member Deanimator's Avatar
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    PennsyPlinker wrote:
    Deanimator wrote:
    PennsyPlinker wrote:
    Greetings all

    I am a PA resident, but my son-in-law is an Ohio resident. He is visiting right now for a week, and is telling me that Mahoning County is now requiring yearly testing for his carry permit. Is this something the county can do, or are they out of line? PA doesn't allow municipalities to make up their own laws (they keep trying anyway), but I have no idea about Ohio. I told him I would ask about it here, as he does not get much access to the computer.

    Thanks.
    Statewide preemption. The state sets requirements for granting and renewing Ohio CHLs. Any such alleged letter has no more legal effect than a declaration of Zoroastrianism as the county religion.
    I understand that it will have no legal bearing, but if it is the sheriff who sent it out, and the sheriff who approves the license, it may be a little more involved than just ignoring the letter, right? And while he is no shrinking violet, he is nowhere near as confrontational as his father-in-law. As an added complication to the whole sorry affair, he got another letter telling him that his permit was being revoked because the person who administered his training had his credentials revoked. So on top of all this, he needs to get a training class anyway. That part we are going to take care of here since I am an NRA certified instructor, but every year is not going to be fun. And until people get in the sheriff's face about it, he is going to do what he wants.

    You know how rambunctious we get about this stuff over here in PA.
    No, it's NOT more involved than ignoring the letter. Just treat it as if he's Jewish and they sent him a letter requiring proof that he had no Jewish ancestors after 1740. It's NULL AND VOID. I'd send a copy of the letter to Ohioans for Concealed Carry, The Buckeye Firearms Association and the NRA, but the sheriff has no such authority.

    If the sheriff tries to enforce an annual testing rule, he's going to get slapped down, HARD.

    PS - As I recall, plaintiff in any required legal action gets to recover legal fees.
    --- Gun control: The theory that 110lb. women have the "right" to fistfight with 210lb. rapists.

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    Deanimator wrote:
    No, it's NOT more involved than ignoring the letter...
    Exactly.

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    Okay, let me see if I can be a little clearer here. I understand the legal aspect of everything you have written. I also understand preemption. I also understand that it can be much more involved in the case of an entrenched sheriff who needs the legal system to tell him that he is in the wrong, and that it can take several months and several thousand dollars if the situation requires, depending on the actions said sheriff takes. Perhaps you are not familiar with some of the illegal things sheriffs have done here in PA and what it took to change their behavior. Maybe it's different in OH and they just go with what people tell them when they are told they are wrong.

    I'm all for a whole bunch of you Ohio folks calling the sheriff. You don't even need to wait for my SIL to get home next week and get the letter posted. I would imagine someone could call and ask about it and see if it is true. I am not a resident of the state so they are not going to want to hear from me. But I suspect he is not the only person in the county to get one of these letters. Then again, I have not seen it so maybe he is.

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    PennsyPlinker wrote:
    Okay, let me see if I can be a little clearer here. I understand the legal aspect of everything you have written. I also understand preemption. I also understand that it can be much more involved in the case of an entrenched sheriff who needs the legal system to tell him that he is in the wrong, and that it can take several months and several thousand dollars if the situation requires, depending on the actions said sheriff takes. Perhaps you are not familiar with some of the illegal things sheriffs have done here in PA and what it took to change their behavior. Maybe it's different in OH and they just go with what people tell them when they are told they are wrong.

    I'm all for a whole bunch of you Ohio folks calling the sheriff. You don't even need to wait for my SIL to get home next week and get the letter posted. I would imagine someone could call and ask about it and see if it is true. I am not a resident of the state so they are not going to want to hear from me. But I suspect he is not the only person in the county to get one of these letters. Then again, I have not seen it so maybe he is.
    We really need to see the letter first. With that in hand, we'll know what to do.

    But as I said, trying to enforce such a thing would only cause the sheriff to buy plaintiff's attorney a cigarette boat and lots of vacations on Kelley's Island.
    --- Gun control: The theory that 110lb. women have the "right" to fistfight with 210lb. rapists.

  13. #13
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    Deanimator wrote:
    We really need to see the letter first. With that in hand, we'll know what to do.

    But as I said, trying to enforce such a thing would only cause the sheriff to buy plaintiff's attorney a cigarette boat and lots of vacations on Kelley's Island.
    Right.

    And once you (PennsyPlinker)get the letter, alsopost it to the forums of these two organizations:

    www.buckeyefirearms.org

    www.ofcc.net

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