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Thread: Was the Ohio supreme court ruling over ruled?

  1. #1
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    Going on two years ago the Ohio supreme court ruled that it was unconstitutional for local municipalities to have there own set of gun laws.
    Living in Toledo this was a big relief as Toledo was one of the more restrictive cities in Ohio.
    We used to have to apply for a hand gun owners card to be considered legal to own a hand gun in city limits.
    My question is has this recent Ohio supreme court ruling been found to be unconstitutional or over ruled?
    I would hate to have to go back to the old ways here in Toledo. So can individual municipalities had there own set of gun laws in Ohio ?

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    SSZ-V wrote:
    Going on two years ago the Ohio supreme court ruled that it was unconstitutional for local municipalities to have there own set of gun laws.
    Living in Toledo this was a big relief as Toledo was one of the more restrictive cities in Ohio.
    We used to have to apply for a hand gun owners card to be considered legal to own a hand gun in city limits.
    My question is has this recent Ohio supreme court ruling been found to be unconstitutional or over ruled?
    I would hate to have to go back to the old ways here in Toledo. So can individual municipalities had there own set of gun laws in Ohio ?
    1. A lower state court CAN'T overrule the State Supreme Court. That's not how it works.

    2. I'm not sure the Supreme Court ruled the way you think. I don't remember any such ruling. I remember the legislature passing preemption, and there being a number of unsuccessful challenges. This is, I believe, the first successful challenge and hasn't made it to the Supreme Court yet.

    3. The lower court ruling has in fact been stayed.
    --- Gun control: The theory that 110lb. women have the "right" to fistfight with 210lb. rapists.

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    SSZ-V wrote:
    Going on two years ago the Ohio supreme court ruled that it was unconstitutional for local municipalities to have there own set of gun laws.
    That's not 100% accurate. The Ohio Supreme Court, in Ohioans for Concealed Carry vs. City of Clyde, ruled that Home Rule cities cannot restrict state-licensed CCW because it is a general law of the state.

    One misconception about the ruling is that the OSC also ruled that the state preemption statute (ORC 9.68) is constitutional. However, if you actually read the ruling, you will have a hard time finding any such statement.

    So the current court case (City of Cleveland vs. State of Ohio) is about preemption of non-CCW municipal laws like gun registration, open carry, etc. The Ohio Attorney General is working on an appeal to the OSC but, as far as I can determine, has not yet actually filed the appeal.

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    So does that mean you can no longer carry in cleveland?

    How does all this currently affect us and how might the outcome affect us?

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    xD.45Service wrote:
    So does that mean you can no longer carry in cleveland?

    How does all this currently affect us and how might the outcome affect us?
    The ruling was stayed, pending appeal.

    Given the trend, this decision, as a famous wit once noted, has the life expectancy of a small boy peering into a can of gasoline with a lit match.
    --- Gun control: The theory that 110lb. women have the "right" to fistfight with 210lb. rapists.

  6. #6
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    wow i really dont understand that at all.

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