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Thread: 8th District Court of Appeals rules FOR Cleveland

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    8th District Court of Appeals rules FOR Cleveland

    http://www.sconet.state.oh.us/rod/do...-ohio-5968.pdf

    The Court found 9.68 to violate the Home Rule Amendment of the Ohio Constitution, and that it violates the separation-of-powers doctrine espoused by the Ohio Constitution.

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    Regular Member Deanimator's Avatar
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    It'll go to the Ohio Supreme Court where they will probably lose.
    --- Gun control: The theory that 110lb. women have the "right" to fistfight with 210lb. rapists.

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    Accomplished Advocate color of law's Avatar
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    Garbage in, garbage out.

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    Isn't Arnold vs. Cleveland the case where they affirmed open carry as a right under the Ohio Constitution? And said the 2nd Amendment to US Constitution only protected militias, not individuals' right to bear arms?

    It's clear that case is irrelevant in several areas since the US Supreme Court has since affirmed in Heller that the 2nd Am. protects individuals.

    So for this 8th District to rely mostly/solely on that case seems pathetic.

    I agree, OSC will probably (and obviously should) reverse it.

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    Deanimator wrote:
    It'll go to the Ohio Supreme Court where they will probably lose.
    Not to be a doomsayer, but that was the predicted outcome of the appeal as well.

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    Is there any other City in Ohio that is fighting against 9.68 compliance? Your politicians up there are some real jewels. That area must be full of sheep. They keep voting for them.




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    Regular Member Deanimator's Avatar
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    jabeatty wrote:
    Deanimator wrote:
    It'll go to the Ohio Supreme Court where they will probably lose.
    Not to be a doomsayer, but that was the predicted outcome of the appeal as well.
    This isn't Illinois.
    --- Gun control: The theory that 110lb. women have the "right" to fistfight with 210lb. rapists.

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    Deanimator wrote:
    jabeatty wrote:
    Deanimator wrote:
    It'll go to the Ohio Supreme Court where they will probably lose.
    Not to be a doomsayer, but that was the predicted outcome of the appeal as well.
    This isn't Illinois.
    If it was, the course of action would be a bit more obvious.

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    D_Weezy wrote:
    Is there any other City in Ohio that is fighting against 9.68 compliance?
    Yes, the City of Englewood in the Maynard vs. Englewood case. I believe that is in southern Ohio.

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    So what's the statewide implication of this until it is appealed and rules on by the state supreme court?

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    jabeatty wrote:
    8th District Court of Appeals rules FOR Cleveland

    http://www.sconet.state.oh.us/rod/do...-ohio-5968.pdf

    The Court found 9.68 to violate the Home Rule Amendment of the Ohio Constitution, and that it violates the separation-of-powers doctrine espoused by the Ohio Constitution.
    what about the other laws that this conflicts with the 9.05Public Arms and 1.04 bearing arms clause also. I do not think this will stand. I think its rediculous what they are trying to do. People have to defend their right to restrict government power as stated in the Bill Of Rights.

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    I dont even understand how this hasent been laughed out of court,I dont know how long it took to get premption in this state but it makes a mockery out of the hard work of all the people including the polititions who got it passed in the first place. This is complete bs and shouldnt even have gone into court for the reason there is preemption in this state and if the people of CLE want a gun free town,Go to Chicago!

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    Bustelo5% wrote:
    I dont even understand how this hasent been laughed out of court,I dont know how long it took to get premption in this state but it makes a mockery out of the hard work of all the people including the polititions who got it passed in the first place. This is complete bs and shouldnt even have gone into court for the reason there is preemption in this state and if the people of CLE want a gun free town,Go to Chicago!
    In the law it clearly states- In all parts of Ohio- ORC 9.68 Preemption is not needed in this case. We the people should have the choice not some fake judge. In my bible, It says Only God can judge me. No courtroom should have the right to take away our right to defend ourselves. A person without a means of defense is a victim. I am disabled and have plenty medical issues for a 23 year old and I will bear arms because I do not want to be a victim. My laws come from a higher power than that of this world.

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    Moderator / Administrator Grapeshot's Avatar
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    jtallen1190 wrote:
    Bustelo5% wrote:
    I dont even understand how this hasent been laughed out of court,I dont know how long it took to get premption in this state but it makes a mockery out of the hard work of all the people including the polititions who got it passed in the first place. This is complete bs and shouldnt even have gone into court for the reason there is preemption in this state and if the people of CLE want a gun free town,Go to Chicago!
    In the law it clearly states- In all parts of Ohio- ORC 9.68 Preemption is not needed in this case. We the people should have the choice not some fake judge. In my bible, It says Only God can judge me. No courtroom should have the right to take away our right to defend ourselves. A person without a means of defense is a victim. I am disabled and have plenty medical issues for a 23 year old and I will bear arms because I do not want to be a victim. My laws come from a higher power than that of this world.
    Even so, we must function within the laws of this one.

    Yata hey
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Grapeshot wrote:
    jtallen1190 wrote:
    Bustelo5% wrote:
    I dont even understand how this hasent been laughed out of court,I dont know how long it took to get premption in this state but it makes a mockery out of the hard work of all the people including the polititions who got it passed in the first place. This is complete bs and shouldnt even have gone into court for the reason there is preemption in this state and if the people of CLE want a gun free town,Go to Chicago!
    In the law it clearly states- In all parts of Ohio- ORC 9.68 Preemption is not needed in this case. We the people should have the choice not some fake judge. In my bible, It says Only God can judge me. No courtroom should have the right to take away our right to defend ourselves. A person without a means of defense is a victim. I am disabled and have plenty medical issues for a 23 year old and I will bear arms because I do not want to be a victim. My laws come from a higher power than that of this world.
    Even so, we must function within the laws of this one.

    Yata hey
    When will they know the conclusion to the case.

  16. #16
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    Lower court findings do not over ride the Ohio Supreme Court. The case must proceed to the higher court fora ruling.

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