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Supreme Court Denies Beatty Again PDF Print E-mail
Written by Jeff Garvas   
Wednesday, 28 March 2007

By a repeat vote of 5-2 the Ohio Supreme Court today denied Bruce Beatty's motion for reconsideration. The Toledo Blade had this to say:
The court refused a second time by a vote of 5-2 to hear an appeal sought by Bruce Beatty after he was convicted of carrying a holstered and loaded 45-caliber handgun into West Toledo’s Ottawa Park in open defiance of the city ordinance.

The larger issue may have been rendered moot earlier this month when a new state law went into effect to prohibit local governments from enforcing gun laws considered stricter than federal or state law. Ohio’s concealed carry law does not include public parks among the locations where guns are prohibited.
This virtually concludes the Bruce Beatty challenge in Toledo Parks and he'll more than likely be required to pay the fine for his charges if he hasn't already done so. Unfortunately, and despite notice to the court or prevailing precedent they just set themselves in the American Financial case, this specific case is effectively moot in Ohio.

However, Ohioans For Concealed Carry v. City of Clyde remains in the Sixth District Court of Appeals, and in addition to being advised of the American Financial decision OFCC lawyers have also recently advised the court of prevailing precedent created by the enactment of Ohio House Bill 347 and statewide preemption. It is our hope that the Sixth District will return our case to the lower court to render a decision based on these facts and potentially set the ground work for legal precedent on statewide preemption.

The Toledo Blade went on to say:
Justices Judith Lanzinger, of Toledo, and Evelyn Lundberg Stratton, of Worthington, were the two dissenting justices who wanted to hear Mr. Beatty’s appeal.