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Supreme Court Oral Arguments Wednesday PDF Print E-mail
Written by Jeff Garvas   
Monday, 07 April 2008

Live Video Stream Wednesday @ 9:00am (OFCC Scheduled 9:30am)  Requires Real Player!

The seven justices that fill these seats will soon hear oral arguments in Ohioans For Concealed Carry v. City of Clyde.  On Wednesday April 9th at 9:30am attorneys from Attorney General Marc Dann's office and Ohioans For Concealed Carry will take sides on behalf of Ohio's law abiding gun owners.

This case began in 2004 when the City of Clyde passed an emergency ordinance and enacted a gun ban against concealed handgun license holders in their city parks.  After the city flat out ignored our requests to discuss the situation OFCC was forced to sue.  Due to another criminal case (Beatty) in the same district our judge held our case back before oral arguments ever began.  When Beatty lost his case and the appeals court ruled against him our judge ruled against us based on Beatty precedent.  We appealed, and thanks to HB347 becoming law, we advised the court of relevant changes to Ohio law in HB347 that impacted our case.  They concurred and ruled in our favor, prompting Clyde to appeal to the Ohio Supreme Court.

In a rare move Ohioans For Concealed Carry agreed that the Ohio Supreme Court should take up the case and decide the issue on a statewide basis.  Since we started this case the issue was about park bans, but it has evolved into a much greater issue.  We believe that the issue of firearms laws are so significant and must be so consistent that they have become an issue of statewide concern. 

The gamble to agree to the appeal is huge -- the court could send the case back to the lower courts with instructions on how to interpret HB347, or they could rule against us entirely.  However, if the Ohio Supreme Court eventually does what we believe is the right thing, they will conclude that local governments should not pass firearms laws that conflict with state laws, period.  Working in our favor is the fact that Clyde's prohibition creates what is called a "complete ban" on the possession of a firearm in a park, and the court has historically struck down complete bans as unconstitutional.  However, if the court focuses on this issue alone and nothing else with respect to HB347 the scope of the victory would be limited.

If you want to watch the hearing you can attend in person or make sure you have Real Player installed and visit this OSC website.  Bona fide Journalists looking for comment from Ohioans For Concealed Carry can contact Jeff Garvas at (216) 496-3928, who will be at the hearing on Wednesday morning and available for comment at it's conclusion.