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OFCC, NRA Move To Intervene In Cleveland v. Ohio PDF Print E-mail
Written by Jeff Garvas   
Monday, 28 May 2007

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 Tuesday’s 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


“Mayor Frank Jackson has thumbed his nose at the Ohio legislature’s attempt to bring uniformity and clarity to the possession, transfer, ownership, and carry of firearms by vowing to continue to enforce conflicting and vague city laws without a court order staying state law,” said Jeff Garvas, president of Ohioans For Concealed Carry. “We are asking the court to order Cleveland to stay the enforcement of its local gun laws and comply with Ohio law unless and until they succeed in their challenge to the state statute.”

“The State will defend its authority to pass preemption legislation while Cleveland will argue its authority to pass their own firearms legislation under Home Rule,” continued Garvas. “We are stepping in to represent the interests of all lawful gun owners who are or may be adversely affected by the continued enforcement of Cleveland’s conflicting ordinances.”

Since March 14th Ohio law has preempted all local municipalities from enacting firearms legislation other than zoning ordinances. Cleveland filed its lawsuit in Cuyahoga County Common Pleas Court the same day.

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