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Written by Jeff Garvas
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Wednesday, 30 May 2007 13:50 |
The City of Perrysburg in Northwest Ohio posted signs prohibiting concealed carry at their parks at some point since concealed carry became law, and after HB347 became law they didn't take their signs down. We began to hear about the signs from a number of people and even received some digital snap shots of the signs.
A few weeks ago we wrote the City a polite letter explaining the limitations of Ohio law with respect to posting no-guns signs and enacting illegal ordinances. The letter also detailed the decision in Ohioans For Concealed Carry v. City of Clyde recently handed down by the the Sixth District Court of Appeals in which Revised Code 9.68 was upheld.
Finally, we quoted sections of the revised code and explained to the City that we felt that any person or organization could potentially sue them over their park signs or any other gun control and the city would be required to pay both costs and attorneys fees. We formally requested the city remove their signs within 14 days and begin the process of repealing any gun control ordinances invalidated by HB347.
We had heard that the city knew what they were doing wasn't technically permissible by law and that they intended to leave the signs there as a deterrent to license holders. When the city "acknowledged" receipt of our letter without comment we figured they were about to dig their heals in or ignore us like Clyde. So it came as a surprise this week when we began to hear reports from local residents that Perrysburg has taken down "every" sign in all of their parks!
If your city is prohibiting concealed carry in a park
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Written by Jeff Garvas
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Monday, 28 May 2007 14:55 |
FOR IMMEDIATE RELEASE
OHIOANS FOR CONCEALED CARRY AND NATIONAL RIFLE ASSOCIATION FILE MOTION TO INTERVENE IN CLEVELAND PREEMPTION LAWSUIT
Cleveland, Ohio, May 29 /USNewswire/ -- Ohioans For Concealed Carry (OFCC) and the National Rifle Association (NRA), today filed a motion in the Cuyahoga County Court of Common Pleas seeking to intervene in City of Cleveland v. State of Ohio, in which the City of Cleveland has challenged firearms preemption enacted by the Ohio legislature to clarify and ensure uniform application of gun laws throughout the state.
A temporary restraining order, preliminary and permanent injunction prohibiting the city from enforcing its local gun laws in direct opposition to State and Federal laws was also sought from the court in Tuesdays filing. Co-affiants who are members of either one or both organizations supported the motion to intervene as representatives of the NRA and OFCC, including city residents, Ohio residents, non-resident Ohioans, and residents of other states who travel to or through the City of Cleveland.
Legal Documents:
Motion To Interevene And Memorandum And Order
Answer & Counter Claim
Exhibit B - Cleveland Firearm Ordinances
Exhibit C - Chris E. Cox Affidavit
Exhibit D - VK Gay Affidavit
Exhibit E - Calvin Kittinger Affidavit
Exhibit F - John Joseph Affidavit
Exhibit G - Thomas Dickerson Affidavit
Exhibit H - Section 109.69 and Reciprocity
Notice of Filing Affidavits 12-24
Notice of Filing Affidavits 1 - 12
Service Letter
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Written by Jeff Garvas
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Thursday, 24 May 2007 06:29 |
Last week the City of Clyde appealed a decision out of the Sixth District Court of Appeals in favor of Ohioans For Concealed Carry from our case, OFCC v. City of Clyde, where we challenged the city's authority to enact ordinances that contradicted with state law and prohibited carrying concealed firearms in a park. The Sixth District ruled in response to a motion of supplemental authority that Ohio's statewide preemption made the matter moot, and no local government could enact gun control as the City of Clyde had.
Citing various claims based on Toledo v. Beatty and arguing that the Sixth District ignored its own precedent or the decisions in Beatty, the City of Clyde is fighting the home rule argument as if the Ohio Supreme Court never made a decision in American Financial Services. Their basis for the claim that they have the right to do whatever they please is a stretch at best, and often times drifts off topic.
Ohioans For Concealed Carry is not surprised by the appeal, and as we said during a live NRA show from the NRA Convention in St. Louis, this is probably the best case scenario for statewide preemption to date.
Should the Ohio Supreme Court take up this appeal, which we will not object to and will most likely welcome with open arms, the potential to head off all future challenges to the constitutionality of statewide preemption may very well be within our grasp.
Further, since the City of Clyde raised Beatty and relied upon the Sixth District's opinion that HB12 was not a general law, Ohioans For Concealed Carry could be poised to set the record straight on HB12 being a general law. The fact that private property owners can choose to prohibit or not prohibit a person from entering their property doesn't make HB12 inconsistently applied statewide.
The ability of a private property owner who is not otherwise statutorily prohibited, such as a daycare business, to post or not post private property is equally applied and equally available to all private property owners on a statewide basis, and as such, HB12 meets every prong of the general law test.
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Written by Mike Kinsey
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Wednesday, 23 May 2007 01:56 |
Ohio House Bill 225 has been introduced in the Legislature. This bill will bring sweeping and necessary changes to Ohio's concealed carry laws. We have gained a lot of ground in the short time since HB12 was passed in 2004, but more work remains.
Ohioans For Concealed Carry will bring you all updates to the progress of this bill as they develop.
Points in HB 225 include:
- Authorization of a person to carry a concealed handgun without obtaining a license to the same extent as if the person had obtained such a license if the person qualifies for a concealed carry license and is legally permitted to purchase a handgun.
- Removal of the requirement to inform approaching law enforcement officers that the person has a license and is carrying the handgun when the person is carrying a concealed handgun.
- Removal of the prohibition of carrying a concealed handgun at all institutions of higher learning (public and private), places of worship, day-care centers and homes, and government buildings other than schools, courthouses, law enforcement offices, and correctional facilities.
- Removal of the "in plain sight or secure encasement" criterion that a concealed carry licensee must satisfy to legally possess a handgun in a motor vehicle for an unlocked container/case.
- Repeal of the "journalist exception" to the provision that otherwise makes confidential the records a sheriff possesses regarding concealed handgun licenses and applications for such licenses.
Please contact your state Representatives and Senators in support of House Bill 225 and check back often for continued commentary about this bill. |
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Written by Mike Kinsey
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Tuesday, 15 May 2007 00:55 |
The Cleveland Plain Dealer is reporting that State Representative Michael DeBose (D-Cleveland) is seeking an Ohio Concealed Handgun License after twice voting against the concealed carry laws that were passed in 2004.
Unfortunately, like many people, it took the survival of a violent attack for Rep. DeBose to understand the importance of the innate right guaranteed by the Ohio Constitution: "The people have the right to bear arms for their defense and security."
The loud muffler on a car that slowly passed as he was finishing the walk caught his attention, though. When the car stopped directly in front of his house - three houses from where he stood - he knew there was going to be a problem.
"There was a tall one and a short one," DeBose said, sipping on a McDonald's milkshake and recounting the experience Friday.
"The tall one reached in his pocket and pulled out a silver gun. And they both started running towards me."
"At first I just backed up, but then I turned around and started running and screaming."
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