May
24
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OFCC Sues City of Cleveland Heights, Ohio
The sign you see here is posted in Cleveland Heights Parks implying possession of a firearm is a crime.
On Friday August 12th, 2011 Ohioans For Concealed Carry Filed a lawsuit against the City the City of Cleveland Heights. The litigation comes after many attempts to resolve concerns over laws that Cleveland Heights not only allowed to remain on their books, but also posted signs at their parks that continue to imply it is illegal to be armed. The City of Cleveland Heights has chosen to ignore our attempts at civil discourse. When individuals have contacted them representing themselves as residents of the City of Cleveland Heights their concerns apparently fell on deaf ears. When representatives of the organization have formally contacted the city's legal representation they've been laughed at and hung up on by the Law Director. It is this arrogance and refusal to work with Ohioans For Concealed Carry that has forced us to seek a remedy through the courts.
Our press release follows. Read the Full Story
Our press release follows. Read the Full Story
Canton PD Event Leads to New OFCC Legislation
When officer Harless of the Canton, Ohio police department came upon a vehicle stopped in the roadway most of us were focused on getting restaurant carry legislation signed into law.
What took place that evening has become an international viral video, calls for the resignation of the City Council president, and criminal charges against a man who is clearly heard trying to state that he has a license.
Ohioans For Concealed Carry has not just raised thousands of dollars in a legal defense fund, but we've written legislation to resolve this matter that Representative Danny Bubp has stated he's going to introduce this fall
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Press Release: OSC To Hear OFCC v. Clyde
- Published on Thursday, 27 September 2007 22:48
- Written by Jeff Garvas
FOR IMMEDIATE RELEASE
Ohio Supreme Court to Review Pivotal Home Rule Challenge and Local Government Limitations in Gun Ban Case
COLUMBUS, Ohio, Sept. 27 /PRNewswire-USNewswire/ -- On Wednesday, The Ohio Supreme Court accepted an appeal by the City of Clyde in Ohioans For Concealed Carry, Inc. et. al. v. City of Clyde, et. al.
The original lawsuit, filed in 2004, challenged the city of Clyde's ordinance that allowed posting of signs to prohibit otherwise legal handguns being carried by licensed Ohioans in local city parks.
"Reviewing this case will provide the Ohio Supreme Court a great opportunity to review Article XVIII, Section 3 of the Ohio Constitution, the Home Rule Amendment, and its limitations when a local municipality attempts to exceed its authority by enacting ordinances in conflict with comprehensive state legislation," said Ohioans For Concealed Carry attorney Daniel Ellis, of Lydy & Moan, LTD.
Ohioans For Concealed Carry (OFCC) filed the lawsuit against the city of Clyde after many attempts to settle the issue with the city. When the city completely ignored those attempts, OFCC was forced to pursue the matter in court in order to seek relief for law-abiding gun owners from over-reaching local governments like Clyde.
While the Clyde decision was pending in the trial court, the Appellate Court ruled in a separate criminal case that Ohio's concealed carry law is not a "general law". This resulted in the lower court ruling against the OFCC case. During the appeal, the legislature passed Ohio House Bill 347.
This necessary law emphasized the Ohio General Assembly's intent to enact a general law "to provide uniform laws throughout the state regulating ... firearms, their components and their ammunition." By enacting comprehensive state legislation, local municipalities cannot enact regulations that are more restrictive than state law. The Appellate court was advised of this clear statement of the General Assembly. Consequently, it reversed the lower court's decision against OFCC and ruled in its favor.
Upon appeal by Clyde, OFCC attorneys took the unusual position of arguing in favor of the Supreme Court taking the case up for review in spite of their win. A statewide decision on this issue consistent with the appellate court will eliminate the ambiguity and confusion created by conflicting laws enacted by local municipalities and help law-abiding citizens avoid criminal prosecution when traveling throughout Ohio.
Attorney General Jim Petro intervened in this case on behalf of the State of Ohio, and his office had agreed with our attorneys. When Attorney General Marc Dann was elected to the same position, his staff continued to support the General Assembly's constitutional authority to enact uniform and comprehensive legislation. This obviously adds credibility to OFCC's position.
"The National Rifle Association has supported our efforts in this endeavor on behalf of Ohio's gun owners and we couldn't be more thankful," said Jeff Garvas, President of Ohioans For Concealed Carry. "The common sense fact remains that when Ohio's gun laws are consistent across the State of Ohio, they are substantially easier to follow and easier for law enforcement agencies to apply equally and consistently. We are confident that the Ohio Supreme Court will agree with the Appellate Court decision to honor this necessary law that the General Assembly has enacted."
Ohioans For Concealed Carry, formed in 1999, is Ohio's largest grassroots gun rights organization. Since it's inception OFCC has worked to pass HB12, HB347, and defeated a number of anti-gun legislation schemes. The organization has been involved in many pivotal lawsuits, including the constitutional challenge Klein v. Leis, which the Ohio Supreme Court considered in 2003 and Cleveland v. State of Ohio with the National Rifle Association, in which the City of Cleveland is challenging HB347. Ohioans For Concealed Carry's annual Picnic, the Party In The Park, will feature Governor Ted Strickland as Keynote Speaker this Saturday, September 29th.