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Ohio Supreme Court to hear gun rights case | Ohio politics
 

Home > Blogs > Ohio politics > Archives > 2010 > March > 10 > Entry

Ohio Supreme Court to hear gun rights case

The Ohio Supreme Court has agreed to review a gun rights case involving a series of Cleveland firearms ordinances and licensing requirements that are more restrictive than state or federal law, Attorney General Richard Cordray announced on Wednesday, March 10.

“I am pleased that the Ohio Supreme Court accepted our appeal and will clarify the rights of Ohio’s gun owners,” Cordray said in a press release. “The current uncertainty over the legitimacy of these local firearms ordinances creates confusion for our local officials, as well as for thousands of gun owners.”

At issue is action the legislature took in 2006 to prohibit local governments - including Dayton - from enacting firearms regulations stricter than those in state and federal law.

In Dayton, the state law meant that local laws banning the transfer of ownership of assault weapons and that require a firearms owner to complete an identification card would become moot.

What’s at stake, said Cordray, is a “state law designed to protect gun ownership and possession in Ohio.”

Toby Hoover, executive director of the Ohio Coalition Against Gun Violence, disagrees with the state law. Hoover said local governments should have the right to determine their own gun laws. There’s a “huge difference” between rural areas and small towns that don’t have crime problems and big cities that do, Hoover said.

The Supreme Court is expected to hear oral arguments in the fall, Cordray said.

Permalink | Comments (51) | Post your comment |

Comments

By medical Technologist

November 28, 2010 9:25 AM | Link to this

Thanks for some quality points there. I am kind of new to online , so I printed this off to put in my file, any better way to go about keeping track of it then printing?

By Buy Ambien

April 5, 2010 9:22 AM | Link to this

improperly iskon swing enthusiasm they aliens boxes finyh genet attempted proofreading

By JAY

March 16, 2010 10:27 AM | Link to this

Has anyone in Montgomery County EVER received the Death Penalty under Matt Heck,I Would like for someone in the know to answer this. I’ve lived here all my life and don’t remember one if any.

By Quentin

March 14, 2010 4:29 PM | Link to this

Don’t forget that the ONLY crimes to date where legally owned machine guns and true assualt weapons have been use in a crime since the Firearms Act of 1934 were all POLICE OFFICERS and not those who are citizens. Also you have to pass a massive background check that can be denied for any reason which you have to pay for first and the extra $500 tax to purchase one.

By sigh

March 12, 2010 9:42 AM | Link to this

@Quentin: yes, we should. In fact, that was legal until the 20s or early 30s - you could go to the hardware store and buy your own Thompson automatic submachine gun. No big deal. And short of organized crime from Prohibition (akin to what we have now with drugs), we were a less violent society than we are today.

By sigh

March 12, 2010 9:39 AM | Link to this

@Quentin: yes, we should. In fact, that was legal until the 20s or early 30s - you could go to the hardware store and buy your own Thompson automatic submachine gun. No big deal. And short of organized crime from Prohibition (akin to what we have now with drugs), we were a less violent society than we are today.

By Quentin

March 11, 2010 11:32 PM | Link to this

OK, first off the “Militia” part is an EXPLANITORY CAUSE which any good English teacher could tell you. It has zero bearing on the rest of the Amendment so that claim is BS. Nice try but any decent high school English education tells you that. Second, the old “wild west” bit is funny since crime statistics kept back then show a much LOWER rate of voilent crime and shootings! Oh, scooby, the “bear arms” part is correct and under US Law all of us are part of the “militia” meaning we should all be able to have the exact same weapons as the military provides their soldiers. So you really are arguing we should all be able to carry M-16, M-4, M-203, M-249 and M-240 FULLY-automatic weapons!

By disbar mat heck

March 11, 2010 9:49 AM | Link to this

Illegal guns are not a punishable crime in Montgomery County according to mat heck. The DDN reported “Heck said he knows that some criminals shy away from using guns in crimes because they know being convicted of using a gun automatically adds a few years to a prison sentence. Here is a perfect example of mat heck’s total indescribable incompetence as a prosecutor. heck states that he knows that gun charges are a deterrent but he, as a matter of course, dismisses the very deterrent that this county needs to be safe. Court records show that every convicted murderer in this county has had gun charges dismissed and gun specs dismissed thus eliminating the automatic three year prison sentence as demanded by the state legislature. heck’s way around having to send perpetrators to prison is to have a perpetrator plead guilty to an armed robbery and then dismiss the gun spec. How in heck’s totally inept mind could he justify an ARMED robbery guilty plea without the use of the GUN? If the gun spec disappears then heck can ask for and then receive community control for the perpetrator that has been convicted of a first degree felony. Go to the Montgomery county court records and try to find ONE case that mat heck requested jail time for an illegal gun charge. We do not need tougher gun laws. We need a prosecutor that will follow the existing laws. mat heck is not going to protect our women when they go to the Wal-mart or the gas station or the park. Mat heck’s attitude towards crime requires us to protect ourselves at all times.

By scoobydo

March 11, 2010 8:13 AM | Link to this

The founding fathers had it right, own guns to “well regulated Militia”. The Oxford English Dictionary (OED) defines the phrase To bear arms as “to serve as a soldier, do military service, fight.” “Bear Arms” refers to military service, Greek and Latin etymology. So owning and keeping for military service or a well-regulated Militia is covered, just where does the insane idea that citizens need to carry guns exist. That is not covered and only covered in the NRA version of the second amendment. This is not the wild west and Ohio has become a state in the United States on March 1, 1803, no longer a territory and thus under the laws of the states. Let the police do their jobs with out getting shot from some gun carring “own protection” crazy.

By homer

March 10, 2010 11:41 PM | Link to this

i have said it before; the wrong people already carry guns.if you depend on the cops -good luck.they show up after the fact.(nature of the system,not the cop)an unarmed citizen is called a subject.

By samuel jackson

March 10, 2010 10:26 PM | Link to this

in response to simple as that’s comment. im a 19 year old aspiring police officer. i have family and friends that work for local police departments and for the courts. police are out there everyday to make sure you are safe and to remove threats from society. so tell you what. next time you feel like you are in danger. call a crackhead. see what they can do for you

By susan s

March 10, 2010 10:20 PM | Link to this

btw, i do believe in our right to own guns, but just like i think everyone should have to pass a driving test to get behind the wheel of a vehicle, it only makes sense to have some restriction.

By susan s

March 10, 2010 10:15 PM | Link to this

people who toot the horn of the 2nd amendment usually forget this part “well regulated Militia”. regulation is a basic need of baring arms. since when do you need to transfer your assault rifle immediately with no regulation in order to protect yourself. what you are suggesting is anarchy. which is fine if that is what you want but then don’t go crying about your right to vote or pass laws to prevent someone from having an abortion or any other choice like herding their sheep across your property.

By response to simple as that comment

March 10, 2010 7:49 PM | Link to this

This is for simple as that comment. I have been a police officer for over 20 years. Get your facts straight. We put our lives on the live for YOU each day and we arrest dangerous people every day. It is not the fault of the cops they are let out of jail early, talk to your legislature and the liberal laws that keep getting handed down loosening the punishment for certain crimes. In ohio we cannot even arrest someone anymore for driving without a license.

By firecop

March 10, 2010 7:44 PM | Link to this

I bet the writers of this article would have a different opinion if they were only allowed to voice their opinions or write certain “approved” articles in rural papers and not in the big citie. Our founding fathers wrote all the amendments so we follow all of them not just the ones that are “politically correct” at the time. Learn from your past history it can teach you quite a bit.

By Tim

March 10, 2010 6:10 PM | Link to this

“An armed society is a polite society.” True dat.

By Dew

March 10, 2010 3:52 PM | Link to this

Yes, more severe punishment for the criminals might lower crime, but I’d rather trust my own protection with someone I can depend on, that’d be myself and my gun.

By Simple as that

March 10, 2010 3:07 PM | Link to this

If law enforcment and the courts did more to arrest, prosecute, imprison and execute the criminals,all the rest of us would not feel the need for firearms. But since we lack the confidence in our system, due to rapists and murderers let out of prison way too soon we protect ourselves and our property as best we can.

By Philman

March 10, 2010 2:43 PM | Link to this

My Question is to The author of this article, William what would you say if the state legislater passed a law restricting what public meetings you were allowed to attend, and restricted what you could write about in the paper.I know exactly where you will go & what you will Quote, NOW TELL ME WILLIE WHAT IS THE DIFFERENCE BETWEEN (THE PEOPLE IN THE FIRST AMMENDMENT, & THE PEOPLE IN OUR SECOND AMMENDMENT) please answer this we are all waiting to hear your take on this.

By David Esrati

March 10, 2010 2:42 PM | Link to this

We just talked about open carry on the Dayton Grassroots Daily Show: http://www.esrati.com/is-that-a-gun-on-your-belt-or-are-you-just-happy-to-see-me/4490/ Gun laws are still confused in Ohio. The real question is why are more people wanting to pack heat these days? Could if be a mistrust of our government to protect us?

By Founding Fathers

March 10, 2010 2:37 PM | Link to this

Not much to add here. The founding fathers had it right. Toby Hoover, as always, has it wrong.

By @chad

March 10, 2010 2:35 PM | Link to this

Chad… “local areas try to pass laws that are unconstitutional” The second amendment to the CONSTITUTION makes laws that infringe on the right to keep and bear arms unconstitutional!

By Quentin

March 10, 2010 2:32 PM | Link to this

So if they think that local laws should be allowed, then are they against state and federal laws that control guns? You can’t have it both ways and maybe instead of fearing guns they should fear criminals!

By KevinJ

March 10, 2010 2:17 PM | Link to this

I am of the opinion that our founding fathers have the 1st and 2nd Amendments in the wrong order. You cannot guarantee the 1st without the 2nd.

By Thomas Aquinas

March 10, 2010 2:11 PM | Link to this

“Without doubt one is allowed to resist against the unjust aggressor to one’s life, one’s goods or one’s physical integrity; sometimes, even ‘til the aggressor’s death…. In fact, this act is aimed at preserving one’s life or one’s goods and to make the aggressor powerless. Thus, it is a good act, which is the right of the victim.”
- Thomas Aquinas

By Ted Nugent

March 10, 2010 2:09 PM | Link to this

“To my mind it is wholly irresponsible to go into the world incapable of preventing violence, injury, crime, and death. How feeble is the mindset to accept defenselessness. How unnatural. How cheap. How cowardly. How pathetic.”
- Ted Nugent

By Saint Augustine

March 10, 2010 2:07 PM | Link to this

“Though defensive violence will always be ‘a sad necessity’ in the eyes of men of principle, it would be still more unfortunate if wrongdoers should dominate just men.”
- St. Augustine

By Samual Adams

March 10, 2010 2:06 PM | Link to this

“The Constitution shall never be construed to prevent the people of the United States who are peaceable citizens from keeping their own arms.”
- Samual Adams

By Robin Williams

March 10, 2010 2:04 PM | Link to this

“In England, if you commit a crime, the police don’t have a gun and you don’t have a gun. If you commit a crime, the police will say ‘Stop, or I’ll say stop again.’” - Robin Williams

By Johnny Depp

March 10, 2010 2:03 PM | Link to this

“We would just go out and line up a bunch of cans and shoot with rifles, handguns and at times, submachine guns… When I was a kid it was a controlled atmosphere, we weren’t shooting at humans… we were shooting at cans and bottles mostly. I will most certainly take my kids out for target practice.”
- Johnny Depp

By James Earl Jones

March 10, 2010 2:00 PM | Link to this

“The world is filled with violence. Because criminals carry guns, we decent law-abiding citizens should also have guns. Otherwise they will win and the decent people will lose.”
- James Earl Jones

By George Washington

March 10, 2010 1:59 PM | Link to this

“A free people ought not only to be armed and disciplined, but they should have sufficient arms and ammunition to maintain a status of independence from any who might attempt to abuse them, which would include their own government.”
- George Washington

By George Orwell

March 10, 2010 1:57 PM | Link to this

“That rifle on the wall of the labourer’s cottage or working class flat is the symbol of democracy. It is our job to see that it stays there.”
- George Orwell

By Dalai Lama

March 10, 2010 1:56 PM | Link to this

“But if someone has a gun and is trying to kill you … it would be reasonable to shoot back with your own gun.”
- Dalai Lama

By Patrick

March 10, 2010 1:55 PM | Link to this

Assault weapons are automatics. Without a class 3 license, you cannot own, by Federal law, an automatic rifle. Civilian weapons are not select fire. They are semi-automatic and, therefore, not assault rifles. I really wish the media would get this right. A civilian AR15 is no different than a semi-automatic hunting rifle. My Marlin 795 could hardly be called an assault rifle but shoots the same way my AR15, which the media would label an assault rifle. This is just putting fear into the general public’s head. It spreads FUD and is poor journalism.

By Ben Franklin

March 10, 2010 1:54 PM | Link to this

“Those who would give up essential liberty to purchase a little temporary safety, deserve neither liberty nor safety.”
- Benjamin Franklin

By Pope John Paul II

March 10, 2010 1:43 PM | Link to this

“Moreover, “legitimate defence can be not only a right but a grave duty for someone responsible for another’s life, the common good of the family or of the State”.[44] Unfortunately it happens that the need to render the aggressor incapable of causing harm sometimes involves taking his life. In this case, the fatal outcome is attributable to the aggressor whose action brought it about, even though he may not be morally responsible because of a lack of the use of reason.[45]” Pope John Paul II, Evangelium Vitae, Section 55, Encyclical Letter on the Value and Inviolability of Human Life, March 25, 1995.

By Ninja

March 10, 2010 1:31 PM | Link to this

Let’s assume that I need to drive from Cincinnati to Cleveland. There are quite a few towns to drive through, eh? Can somebody tell me what I am supposed to do if each city/county has their own types of gun rules? Some could say I am allowed to carry concealed and some may so no way. Do I have to stop 10 times on the way to Cleveland to take are of my firearm? TOBY = Right wing nut job

By Niccolo Machiavelli

March 10, 2010 1:28 PM | Link to this

“You must understand, therefore, that there are two ways of fighting: by law or by force. The first way is natural to men, and the second to beasts. But as the first way often proves inadequate one must needs have recourse to the second.” - Niccolo Machiavelli in “The Prince”

By Alexander Hamilton

March 10, 2010 1:19 PM | Link to this

“The best we can hope for concerning the people at large is that they be properly armed.” (Alexander Hamilton, The Federalist Papers at 184-8)

By Thomas Jefferson

March 10, 2010 1:12 PM | Link to this

“Those who hammer their guns into plowshares will plow for those who do not.” Thomas Jefferson Third President of the United States

By Patrick Henry

March 10, 2010 1:09 PM | Link to this

“Are we at last brought to such humiliating and debasing degradation, that we cannot be trusted with arms for our defense? Where is the difference between having our arms in possession and under our direction and having them under the management of Congress? If our defense be the real object of having those arms, in whose hands can they be trusted with more propriety, or equal safety to us, as in our own hands?” Patrick Henry American Patriot

By Thomas Paine

March 10, 2010 1:04 PM | Link to this

“The supposed quietude of a good man allures the ruffian; while on the other hand arms, like laws, discourage and keep the invader and plunderer in awe, and preserve order in the world as property. The same balance would be preserved were all the world destitute of arms, for all would be alike; but since some will not, others dare not lay them aside … Horrid mischief would ensue were the law-abiding deprived of the use of them.” Thomas Paine

By Chad

March 10, 2010 1:00 PM | Link to this

I am a gun owner who believes people should have to right to own and carry firearms, however, local government should be able to create stricter laws. In all other areas of law the local law is stricter than the state which is stricter than the federal. That’s how it works. The problem is that some local areas try to pass laws that are unconstitutional. This is what we need to stop.

By Ed

March 10, 2010 12:59 PM | Link to this

“Firearms stand next in importance to the constitution itself. They are the American people’s liberty teeth and keystone under independence … from the hour the Pilgrims landed to the present day, events, occurences and tendencies prove that to ensure peace security and happiness, the rifle and pistol are equally indispensable … the very atmosphere of firearms anywhere restrains evil interference — they deserve a place of honor with all that’s good.” George Washington First President of the United States

By Ryan

March 10, 2010 12:41 PM | Link to this

“There’s a “huge difference” between rural areas and small towns that don’t have crime problems and big cities that do.” Exactly!!! That is why I want a Conceal & Carry. Because of the crime problems in the city.

By thumbs up

March 10, 2010 12:25 PM | Link to this

A quote in the article states: “There’s a “huge difference” between rural areas and small towns that don’t have crime problems and big cities that do…” OK, why not let the law abiding citizen carry his gun in a big city that has crime? He needs to protect himself. The bad guy is ALWAYS going to carry his gun - no matter what the law says. Why are people so stupid?

By Mark

March 10, 2010 12:14 PM | Link to this

I don’t think that local governments should be able to make stricter gun laws than the state of Ohio has in place due to the fact that gun possession is a constitutional right

By Mark

March 10, 2010 12:14 PM | Link to this

I don’t think that local governments should be able to make stricter gun laws than the state of Ohio has in place due to the fact that gun possession is a constitutional right.

By Mark

March 10, 2010 12:13 PM | Link to this

I dont think that local governments should be able to make stricter gun laws than the state of Ohio has in place due to the fact that gun possession is a constitutional right.

By Mark

March 10, 2010 12:13 PM | Link to this

I dont think that local governments should be able to make stricter gun laws than the state of Ohio has in place due to the fact that gun possession is a constitutional right

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