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OFCC v. Clyde Not Just About Parks |
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Opinion
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Written by Daniel White
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Thursday, 18 September 2008 |
The media is reporting the landmark Ohioans For Concealed Carry v. Clyde case as a simple matter of the Ohio Supreme Court overturning Clyde's ban on firearms in their parks, but the case goes much deeper than that.
This case upheld statewide preemption of gun laws, giving teeth to Sec. 9.68 of the Ohio Revised Code which states:
Sec. 9.68. (A) 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. Except as specifically provided by the United States Constitution, Ohio Constitution, state law, or federal law, a person, without further license, permission, restriction, delay, or process, may own, possess, purchase, sell, transfer, transport, store, or keep any firearm, part of a firearm, its components, and its ammunition. (emphasis added)
Simply put, this means that nearly all gun laws that are not related to zoning are controlled at the State and Federal levels. |
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OFCC Wins, Local Gun Bans Unconstitutional! |
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Ohio Law & Politics
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Written by Daniel White
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Thursday, 18 September 2008 |
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In a 4-3 ruling, the Ohio Supreme Court has rejected the City of Clyde's appeal in OFCC v. Clyde and ruled that Clyde's ban on concealed carry in their parks is unconstitutional!
The issue presented in this case concerns whether Clyde Ordinance 2004-41, which prohibits licensed handgun owners from carrying concealed handguns in Clyde city parks, is a valid exercise of the municipality’s home-rule power according to Section 3, Article XVIII, of the Ohio Constitution. Because the ordinance is an exercise of the municipality’s police power that conflicts with a general law, the ordinance is unconstitutional. Accordingly, we affirm the judgment of the court of appeals.
The courts analysis of the law seems to be a refreshing change of tactic from our earlier efforts in the Supreme Court. For instance, on page five, the court acknowledges that the State of Ohio Legislature has authorized carrying a firearm "unless otherwise prohibited" by federal or state law. This is huge: Simply put, the General Assembly, by enacting R.C. 9.68(A), gave persons in Ohio the right to carry a handgun unless federal or state law prohibits them from doing so. A municipal ordinance cannot infringe on that broad statutory right. |
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OFCC's Jeff Garvas on NRA News! |
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NRA News
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Written by Administrator
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Thursday, 18 September 2008 |
OFCC President Jeff Garvas will be on NRA News' flagship program "Cam & Company" tonight in the second half of the 9 o'clock hour to talk in depth about the Ohio Supreme Court ruling in the Clyde case and it's impact on Ohio gun owners and local governments.
Visit www.NRANews.com to listen live to the broadcast! If you miss the show, you can listen to an archived edition until the the next live edition of "Cam & Company" airs.
NRA News is a daily internet and satellite radio (Sirius Patriot 144) news program sponsored by the NRA. Listen weekdays from 9:00 PM to 12:00 AM EST for the latest in Second Amendment related news and politics. |
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D.C. Second Amendment Enforcement Act Passes House, Moves to Senate |
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NRA News
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Written by Daniel White
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Wednesday, 17 September 2008 |
Fairfax, VA - The U.S. House of Representatives voted today to approve the National Rifle Association (NRA)-backed "Second Amendment Enforcement Act" in an overwhelming bi-partisan vote of 266-152. The Act, passed as an amendment to H.R. 6842, will overturn the District of Columbia's gun control restrictions that defy the recent Supreme Court ruling by continuing to limit D.C. residents' right to self-defense. This bill is necessary to enforce the U.S. Supreme Court's decision in District of Columbia v. Heller.
Following passage, Chris W. Cox, NRA's chief lobbyist remarked, "From the moment the Supreme Court overturned this failed gun ban, elitist politicians have sought to undermine the Court's decision with bogus emergency regulations that all but stop residents from exercising their Second Amendment rights. NRA wants to make sure D.C. residents are able to protect themselves and their families."
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The Knox Report
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Written by Jeff Knox
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Wednesday, 17 September 2008 |
The Knox Report
From the Firearms Coalition
(September 16, 2008) Your vote absolutely matters and if you fail to vote, your rights and liberties could be in greater jeopardy. Not voting is a vote for your least favored candidate, as is voting for someone who can not possibly win. The time to send a message was during the primaries when there was still a chance of getting a solid, pro-gun candidate at the top of the ticket or of at least moving the eventual winner toward a more favorable pro-gun position. In the general election for President, unless the two major party candidates are both simply abhorrent, it is best to cast your vote for the candidate who will best work with the congressional candidates you support. This also raises the question of voting for congressional and state candidates. Voters who choose to stay home or go hunting on Election Day because they don’t like Obama or McCain, are throwing away their votes for lower-ticket candidates as well. Since lower-ticket candidates have smaller voting districts and fewer eligible voters, the lower on the ticket a candidate is, the greater impact your individual vote has on their race. There are currently slim pro-gun majorities in both houses of congress, but that could easily change in the coming election if GunVoters don’t bother showing up or don’t take the time to do a little research before heading out to the polls. |
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New Hampshire Non-Resident Pistol/Revolver License |
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Opinion
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Written by Dave Milthaler
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Tuesday, 16 September 2008 |
Why is it that an OH Drivers' License is good in all 50 states, but the OH CCW isn't? This is a topic for another story...
While my upcoming vacation was approaching, I determined that I would be needing to obtain an additional Non-Resident Concealed Handgun License from somewhere to make my journey a bit more legal, since I was going to be traveling through the state of Alabama on my way to Destin, Florida for my nephew's wedding.
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