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Ohio at odds with Cleveland and Columbus in major gun case (Case before the SCOTUS)
cleveland.com ^ | Mar, 01, 2010 | Stephen Koff

Posted on 03/02/2010 1:47:52 AM PST by Las Vegas Dave

Washington -- Ohio Attorney General Richard Cordray and the city of Cleveland are at odds -- again -- over gun regulation, this time in a potentially groundbreaking gun-rights case before the U.S. Supreme Court on Tuesday.

Cordray's position in support of the Second Amendment right to bear arms could ultimately make it tougher for cities to pass and enforce highly restrictive, local gun-control laws. If the high court agrees with positions taken separately by Corday and the National Rifle Association, it could "handcuff" the ability of Cleveland, Columbus and cities nationwide to respond to gun-related violence, the cities' attorneys contended in a legal filing.

"As a city confronted with safety issues day in, day out, do we have the ability to ultimately do something about it?" asked Cleveland City Attorney Robert Triozzi in a telephone interview Monday.

Cordray says he, too, wants safety, and that Ohio has laws against those who abuse their gun rights. "That's not what this case is about," he said. Rather, it's about how gun rights are applied, and about assuring their even application throughout the nation.

"This case is about constitutional law," he said.

Ohio and its cities are secondary parties in the case that will be argued Tuesday, McDonald v. Chicago, which will determine whether Chicago and a suburb, Oak Park, can heavily regulate guns bought for self-protection. But Cordray's office and its counterpart in Texas led the writing of a friend-of-the-court brief signed by 38 state attorneys general in support of limited gun rights.

The NRA, and Cordray, want the high court to rule that the Second Amendment applies to states and cities. While that might seem obvious -- most constitutional rights, such as the First Amendment guarantee of free speech and assembly, apply in nearly all cases across the land -- the Second Amendment's primacy has never been established outside of federal cases and federal enclaves.

That's why when the Supreme Court in 2008 struck down Washington, D.C.'s handgun ban, the ruling did not extend beyond that federal enclave.

Backers say the broadest interpretation of the 14th Amendment, which among other things imbues citizenship rights and due process of law, should assure that the Second Amendment is a right in all jurisdictions.

"It will settle this significant issue," Cordray said in a phone interview. He noted that over the last two generations, the high court has incorporated nearly all of the Bill of Rights into the broader fabric of society. But not so the Second Amendment.

"It's a nonpartisan issue," said Andrew Arulanandam, the NRA's public affairs director. "This is about freedom, it's about what's in our Bill of Rights, and we think it applies equally to all people regardless of where they live."

The law directors of Cleveland and Columbus, signing another friend-of-the court brief, see it differently. Discussing how the 14th Amendment applies to the Second Amendment is "a very interesting legal issue, but ultimately what we're trying to protect here is our right to decide for ourselves," said Cleveland's Triozzi.

Separately, Cleveland and Cordray are waiting to see if the Ohio Supreme Court will accept a different case concerning the city's right to regulate firearms. The Ohio legislature tried to remove that right in late 2006, with supporters saying the state needed consistency across local borders rather than a smorgasbord of local gun regulations. Cordray defended the legislature's position, as is his job, and asked the Ohio Supreme Court to weigh in after a state appeals court ruled in Cleveland's favor.

A U.S. Supreme Court ruling against Chicago's restrictive gun regulations would not mean the end of gun safety laws, said Toby Hoover, executive director of the Ohio Coalition Against Gun Violence. The court has never said that some regulations are not reasonable; the question has always been their sweep.

But it almost certainly would create even more court challenges on Second Amendment grounds, Hoover said. "That would be the down side," she said. "You would see people challenge it for the sake of challenging it."


TOPICS: Breaking News; Government; News/Current Events; US: Ohio
KEYWORDS: banglist; constitutionallaw; gunrights; notbreakingnews; shallnotbeinfringed

1 posted on 03/02/2010 1:47:52 AM PST by Las Vegas Dave
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To: Las Vegas Dave; ADemocratNoMore; Akron Al; arbee4bush; agrace; ATOMIC_PUNK; Badeye; Bikers4Bush; ...

Ohio Pings!

To be added to the Ohio Ping List, please freepmail (works best)
both TonyRo76 and LasVegasDave.

2 posted on 03/02/2010 1:48:59 AM PST by Las Vegas Dave (To anger a Conservative, tell him a lie. To anger a Liberal, tell him the truth.)
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To: Joe Brower; DaveLoneRanger

FYI...

Pings.


3 posted on 03/02/2010 1:59:36 AM PST by Las Vegas Dave (To anger a Conservative, tell him a lie. To anger a Liberal, tell him the truth.)
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To: Las Vegas Dave

I’m looking forward to tomorrow’s shoot-out.


4 posted on 03/02/2010 2:01:32 AM PST by chilltherats (First, kill all the lawyers (now that they ARE the tyrants).......)
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To: Las Vegas Dave

The solution to gun violence is more freedom, not less freedom.

The solution to high medical costs is more freedom, not less freedom.

The solution to unemployment is more freedom, not less freedom.

The solution to political corruption is more freedom, not less freedom.

The solution to failing educational systems is more freedom, not less freedom...

I am detecting a pattern, here...


5 posted on 03/02/2010 2:08:53 AM PST by Haiku Guy (If you have a right / To the service I provide / I must be your slave.)
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To: Las Vegas Dave

http://www.freerepublic.com/focus/f-news/2462084/posts


6 posted on 03/02/2010 3:54:57 AM PST by GOP_Lady
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To: Haiku Guy

Gee, you believe in freedom. You must be a right wing whacko.


7 posted on 03/02/2010 3:56:47 AM PST by Scotsman will be Free (11C - Indirect fire, infantry - High angle hell - We will bring you, FIRE)
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To: Haiku Guy

Bttt


8 posted on 03/02/2010 4:21:08 AM PST by davidosborne (DavidOsborneDotZurvitaDotBiz)
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To: Scotsman will be Free
You must be a right wing whacko.

Guilty as charged. Angry, too!

9 posted on 03/02/2010 4:35:07 AM PST by Haiku Guy (If you have a right / To the service I provide / I must be your slave.)
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To: Haiku Guy
Don't forget bitter...
10 posted on 03/02/2010 4:49:19 AM PST by lump in the melting pot (Communism - a social experiment which, for moral reasons, should not be performed on live humans)
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To: lump in the melting pot

Clinging to my Bible and my guns...


11 posted on 03/02/2010 5:01:11 AM PST by Haiku Guy (If you have a right / To the service I provide / I must be your slave.)
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To: Las Vegas Dave
From My cold Dead hands!!
12 posted on 03/02/2010 6:11:21 AM PST by greatdefender (If You Want Peace.....Prepare For War)
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To: Las Vegas Dave
Cordray's position in support of the Second Amendment right to bear arms could ultimately make it tougher for cities to pass and enforce highly restrictive, local gun-control laws. If the high court agrees with positions taken separately by Corday and the National Rifle Association, it could "handcuff" the ability of Cleveland, Columbus and cities nationwide to respond to gun-related violence, the cities' attorneys contended in a legal filing.

Huh? How does protecting the 2nd amendment prevent cities from dealing with gun crime? They can still arrest people with illegal guns and put people in jail that commit crimes with guns. I don't see how this renders them helpless.

13 posted on 03/02/2010 6:12:14 AM PST by for-q-clinton (If at first you don't succeed keep on sucking until you do succeed)
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To: Haiku Guy

Are you a white male by chance?


14 posted on 03/02/2010 6:20:29 AM PST by Scotsman will be Free (11C - Indirect fire, infantry - High angle hell - We will bring you, FIRE)
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To: chilltherats

I’d love to be there to hear the arguments and the questions posed by the conservative justices.


15 posted on 03/02/2010 6:27:52 AM PST by American Quilter (Mourning Capt Phil Harris of the Cornelia Marie.)
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To: chilltherats
-- I'm looking forward to tomorrow's shoot-out. --

Oral argument is scheduled to start shortly after 10:00 a.m. EST today. ScotusWiki on McDonald v. Chicago is a reputable resource for the legal details.

16 posted on 03/02/2010 6:28:26 AM PST by Cboldt
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To: Las Vegas Dave
If the high court agrees with positions taken separately by Corday and the National Rifle Association, it could "handcuff" the ability of Cleveland, Columbus and cities nationwide to respond to magnify and expand gun-related violence...
17 posted on 03/02/2010 6:29:15 AM PST by TChris ("Hello", the politician lied.)
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To: Scotsman will be Free
Are you a white male by chance?

With antipathy to people who aren't like me, no doubt...

18 posted on 03/02/2010 6:38:56 AM PST by Haiku Guy (If you have a right / To the service I provide / I must be your slave.)
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To: Haiku Guy

And you cling to the bible and guns.


19 posted on 03/02/2010 7:06:00 AM PST by Scotsman will be Free (11C - Indirect fire, infantry - High angle hell - We will bring you, FIRE)
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To: Las Vegas Dave

When I was in Ohio, I lived in beautiful and snowy Geauga County. That is well known to the usual suspects, to be the “Wild West” of the Buckeye State. It’s quite normal to see signs above the front doors of homes with the text “Protected by Smith & Wesson.” LOL If the weather was better, I’d be back in a NY minute. What an outstanding place to live!

I left my home unlocked for so long (Mayberry-style) that when I moved out of state, I had to pay a locksmith to come and make a key for the new owner. I hadn’t used or even had a housekey for more than ten years.

Geauga County is armed to the teeth, and it’s reflected in the “crime rate.”

LOL


20 posted on 03/02/2010 7:49:22 AM PST by Daisyjane69 (Michael Reagan: "Welcome back, Dad, even if you're wearing a dress and bearing children this time)
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To: Scotsman will be Free
Well, I need some way to explain my frustrations!
21 posted on 03/02/2010 7:54:29 AM PST by Haiku Guy (If you have a right / To the service I provide / I must be your slave.)
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To: Haiku Guy

Spot on.


22 posted on 03/02/2010 7:56:29 AM PST by Constitution Day (Get over it.)
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To: for-q-clinton

That is exactly right. When some gangstas shoot it out or hose down someone’s house with illegal guns, either shoot them or arrest them. When someone robs a business at gunpoint, either shoot him or arrest him. Throw the live ones in prison for a long time. If they would just follow these simple laws, pretty soon the problems would be greatly reduced. It is NOT the fault of law-abiding gun owners that crime continues to be a problem.


23 posted on 03/02/2010 8:45:17 AM PST by Sender (It's never too late to be who you could have been.)
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To: Sender
The elephant in the room is the criminals in government. The criminals in the street are their buddies, since high crime stats give government an excuse to cinch up the chains on the law-abiding sheeple. And the sheeple are the natural prey of both the crooks in the street and the crooks in the government.

And the crooks don't want them(us) shooting back.

24 posted on 03/02/2010 9:21:16 AM PST by thulldud (Is it "alter or abolish" time yet?)
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To: Las Vegas Dave

Strickland has a much better record on supporting the right to keep and bear arms than Kasich. This may make a huge difference come November.


25 posted on 03/02/2010 10:02:59 AM PST by E Rocc (: Giving economic power to BHO is like giving condoms to Tiger Woods.)
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To: Haiku Guy

Those don’t quite qualify as haiku. FYI. ;-)


26 posted on 03/02/2010 1:19:20 PM PST by ConservativeMind (Hypocrisy: "Animal rightists" who eat meat & pen up pets while accusing hog farmers of cruelty.)
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To: Las Vegas Dave

Thanks for the ping!


27 posted on 03/02/2010 1:26:49 PM PST by TonyInOhio ( Let our hearts be stout)
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To: greatdefender

don’t forget...

from my sister’s cold, dead gums!


28 posted on 03/02/2010 1:35:54 PM PST by Cletus.D.Yokel (Freepmail me to get on the Bourbon ping list.)
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To: Las Vegas Dave

Acknowledging 2nd Amendment rights might have long term damaging effects on the left to manage race issues. These laws are a form of redlining of minority groups, typically in urgan settings and keeping them embroiled in crime.


29 posted on 03/02/2010 3:37:16 PM PST by School of Rational Thought (Most interesting man in the world.)
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To: Las Vegas Dave

Sieg Heil with a Smile!


30 posted on 03/02/2010 7:34:42 PM PST by 2harddrive
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To: Cboldt

Thank you.


31 posted on 03/03/2010 4:12:19 AM PST by chilltherats (First, kill all the lawyers (now that they ARE the tyrants).......)
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To: American Quilter

Indeed, it would be exciting and thought provoking.


32 posted on 03/03/2010 4:13:17 AM PST by chilltherats (First, kill all the lawyers (now that they ARE the tyrants).......)
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