| City of Clyde Appeals To The Ohio Supreme Court |
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| Written by Jeff Garvas | |
| Thursday, 24 May 2007 | |
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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. |