What's an Ohio CCW holder to do? (Vanity Question)

08.28.06 | mr_hammer

[mr_hammer]

I just got done reviewing the Ohio State link at packing.org. To say I am slightly confused is an understatement. How does some punk city government write laws that usurp Federal and State Firearms laws?

Are not laws regarding firearms Federal and State Issues? What if we started writing laws regarding who can practice law or medicine on a city-by-city basis? What about driving privileges on a county-by-county basis. This is absolutely flipping NUTS!

What say you FR lawyers, any advice?

[mr_hammer]

"State Supreme Court ruled clearly that municipalities may NOT add any limitations."

Can you site a case, I want to send my city that ruling.

[IronJack]

Not exactly. Rights set forth in either your state or the federal constitution apply all the way down the judicial hierarchy. That's why, for example, a state supreme court can overturn a lower court ruling, or a federal court can overturn a state court ruling.

I understand. I oversimplified the description just to point out the irony of LAWS being made more restrictive at lower levels, but FREEDOM declining.

Also, in some states local jurisdictions can only create ordinances where they have been expressly granted the right to do so by the state government.

Or where they have NOT been denied the right NOT to create those ordinances. Rights not expressly granted to the state are reserved to the locality, so to speak.

No worry about a town or city trying to create its own laws or regulations in those states unless the state legislature has granted them a right to regulate firearms.

Or unless the state legislature has not expressly FORBIDDEN them from regulating firearms ...

You may still see a local government pass an ordinance,

They do it all the time.

but they are easy to defeat in even a local court ... Just find competent counsel and file for a declaratory judgement as to the invalidity of the law.

A good approach.

[P8riot]

Ohioans need to start pressing the state legislature for full pre-emption. We in Virginia did that two years ago. In CCW talk, pre-emption is the policy that all local gun laws can not be more restrictive than the laws on the state books. In short it eliminates local gun bans and restrictions. The folks at Ohioans For Concealed Carry can probably shed some light on the process, and update you on their efforts toward pre-emption.

[cyclotic]

I can't get to their site from work, but if you check the Michigan Council of Responsiblke Gun Owners, they will be able to help you out. They were the ones that brought the case. I think their site is MCRGO.org.

[looscnnn]

Wouldn't be that hard now, the San Francisco case can be used as case law (I believe that is the term).

[Atlas Sneezed]

One strategy is to knowingly violate the law.

Inform yourself of exactly the consequences of being caught (make sure that the level of crime is not enough to take away your right to own guns), have a plan for if you are caught (lawyer's number in your pockets.)

Also, be aware that in some states, there art mitigating factors. In California, for instance, there is a big difference slap on the wrist versus time in the slammer) whether the gun is registered with the state. (Which makes it tough for non-residents, who are ineligible to register pistols in California.)

[absolootezer0]

it was already set into law...

FIREARMS AND AMMUNITION (EXCERPT)
Act 319 of 1990


123.1102 Regulation of pistols or other firearms.

Sec. 2.

A local unit of government shall not impose special taxation on, enact or enforce any ordinance or regulation pertaining to, or regulate in any other manner the ownership, registration, purchase, sale, transfer, transportation, or possession of pistols or other firearms, ammunition for pistols or other firearms, or components of pistols or other firearms, except as otherwise provided by federal law or a law of this state.


History: 1990, Act 319, Eff. Mar. 28, 1991

the court case was due to the fact that the city broke this law.

[mr_hammer]

Is this a federal law or state law? If it is a state law, which state? Sorry, I am not a lawyer and would like to track this down to it's source.

I would also like to bring this to our city council meeting and discourage them from enacting a ridiculous piece of legislation just to make themselves feel good!

[absolootezer0]

sorry, i forgot to mention.. that's a michigan law.

[LucidListless]

Doesn't Ohio's CCW law have any penalties associated with entering premises prohibiting CW?

In SC, you can be charged w/ trespassing if you are found to have a CW where signs clearly prohibit them, and you can lose your CCP for a year upon the second offense.

And besides private businesses, the state code precludes concealed carry in a number of public venues, but I don't think libraries are specified unless they are school or court libraries.