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Can a City Ban OC?

MikeyL

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What's to keep a city from passing a law banning OC within the city limits? And how would one know such a law existed?

MikeyL
 

poddus

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ORC 9.68 - http://66.161.141.164/orc/gp9.68
The individual right to keep and bear arms, being a fundamental individual right that predates the United States Constitution and Ohio Constitution, and being a constitutionally protected right in every part of Ohio, the general assembly finds the need to provide uniform laws throughout the state regulating the ownership, possession, purchase, other acquisition, transport, storage, carrying, sale, or other transfer of firearms, their components, and their ammunition.

Arnold v. Cleveland - http://www.constitution.org/2ll/bardwell/arnold_v_cleveland.txt
The right of defense of self, property and family is a
fundamental part of our concept of ordered liberty. To deprive our
citizens of the right to possess any firearm would thwart the right
that was so thoughtfully granted by our forefathers and the
drafters of our Constitution.

So the ORC spells it out and the Ohio Supreme Court backs it up. However, some cities enact legislation anyway. It is being challenged though.

As for figuring out if such a law exists in your area, do some googling. Search for

"*your city* municipal code"

PRO TIP: searching for "firearm", "handgun", and "weapon" within the municipal code generally gives you all of the relevant provisions.


good luck,

-poddus
 

Deanimator

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MikeyL wrote:
What's to keep a city from passing a law banning OC within the city limits? And how would one know such a law existed?

MikeyL
They can institute slavery if they want.

The question is, can they enforce it in law.

The answer is, "no".

All gun laws are preempted at the state level in Ohio.
 

JSlack7851

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Like every body else says, and is written. The RTKABA is fundamental and supposedly guaranteed. Until LEO are held accountable for their actions they will / can enforce any law any wanna be dictator (frank Jackson) wants themtoo. If you can fight the fight financially, you may / can win. Otherwise expect them to litigate you for as much $$ as they can. Don't expect 2A organizations to jump in and help either. Freedom Fighter 777 had a opportunity to make case law but couldn't afford the fight. Unless its the silver spooned person, expect to be on your own. Case law could of been made, great for the rest of us but the 'credit' would of went to the wrong person...Not the 2A organization asking for donations.....
 

Deanimator

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RT48 wrote:
Deanimator wrote:
All gun laws are preempted at the state level in Ohio.
...and hopefully it will stay that way.
The anti-gun movement is definitely on the run in Ohio. Pro-gun Democrat governor, pro-gun Republican legislature; they just can't catch a break. They remind me of the computer wargame "Age of Rifles". When a unit would break, sometimes it'd just run back and forth between enemy units, dying a little more with each engagement until it disappeared from the battlefield, leaving a bloody corpse on the board. That bloody corpse is Toby Hoover.
 

RT48

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JSlack7851 wrote:
Until LEO are held accountable for their actions they will / can enforce any law any wanna be dictator (frank Jackson) wants themtoo. If you can fight the fight financially, you may / can win. Otherwise expect them to litigate you for as much $$ as they can. Don't expect 2A organizations to jump in and help either. Freedom Fighter 777 had a opportunity to make case law but couldn't afford the fight. Unless its the silver spooned person, expect to be on your own. Case law could of been made, great for the rest of us but the 'credit' would of went to the wrong person...Not the 2A organization asking for donations.....
I think once ORC 9.68 receives the Ohio Supreme Court stamp of approval, you might see individuals and organizations more willing to challenge these cities.

Getting embroiled in litigation right now and then having the OSC pull the rug out from under you by nuking ORC 9.68 would really suck.
 

color of law

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Arnold v. Cleveland, 67 Ohio St.3d 35 (Ohio 1993)

http://www.constitution.org/2ll/bardwell/arnold_v_cleveland.txt

The right of defense of self, property and family is a fundamental part of our concept of ordered liberty. To deprive our citizens of the right to possess any firearm would thwart the right that was so thoughtfully granted by our forefathers and the drafters of our Constitution.

Only the Ohio Supreme Court could make such an idiotic statement.
 

JSlack7851

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, Ohio, USA
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Arnold v. Cleveland - http://www.constitution.org/2ll/bardwell/arnold_v_cleveland.txt

COL: I wrote the head honchos at OFCC and expressed my discontent with you being ex communicated. I, for one, miss your words of wisdom. You are still, in my book, one of the wisest men I know. IMHO you should never left over one situation. You are capable of helping so many other people, with your wisdom. I for one would apologize for WHATEVER to get you back.

Also the above link doesn't work, at least for me. Miss ya man.
 

color of law

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JSlack7851 wrote:
Arnold v. Cleveland - http://www.constitution.org/2ll/bardwell/arnold_v_cleveland.txt

COL: I wrote the head honchos at OFCC and expressed my discontent with you being ex communicated. I, for one, miss your words of wisdom. You are still, in my book, one of the wisest men I know. IMHO you should never left over one situation. You are capable of helping so many other people, with your wisdom. I for one would apologize for WHATEVER to get you back.

Also the above link doesn't work, at least for me. Miss ya man.
Thanks, but I knew that I should never belong to an organization that would have me as a member.
 

Bustelo5%

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kent, Ohio, USA
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What I absolutly adore is the ignorance of people especially my age. The people who belive that the constitution gives you rights,its an insurance policy it only gurantes the freedoms you already have. You dont have to ask the mayor of Cleveland if you want to walk into the city he is the mayor of you just walk right in. Because you have from whomever your creator is or isnt,the right to travel. You can meet with that same mayor to tell him he is wrong,you can do that because you have the freedom to accociate.And you have the RTKABA because you have the right to defense given to you by Mother Nature her self,you dont have to ask Old Man winter to kick the arse of someone trying to rape you.
 
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