Free Republic

The Ohio Supreme Court has, in a 5-2 opinion, once again ruled that Ohio's "preemption" law is valid. In a case brought by the City of Cleveland against the State of Ohio, the court held that R.C. 9.68 is valid in all respects, including, but not limited to, the mandatory attorney fee provision against any city that attempts to violate a citizen's right to self-defense. HB347, the preemption law, became effective in March of 2007. It replaces a patchwork of varied and confusing local rules with "uniform laws throughout the state regulating the ownership, possession, purchase, other acquisition, transport, storage,...

Here in Central Florida, there are hundreds of local firearms ordinances on the books despite the state’s 1987 preemption statute. These laws continue to exist because, as previously reported here, Florida community leaders have been willfully ignoring state firearms laws by passing and attempting to enforce local laws that are preempted by the state. Gun rights advocates have been pressuring counties and cities throughout the state to come in to compliance with state law for years but have had only marginal success. The few cases that have been filed on preemption grounds have been highly successful in forcing compliance but...

In 1987, the Florida legislature took action to eliminate the patchwork of conflicting firearms local ordinances that plagued firearms owners at that time. At last, they would enjoy a single blanket set of rules that would apply statewide. Although it was a noble concept, it failed miserably in practice. Twenty-three years later, a full two-thirds of Florida counties and countless municipalities, cities, and towns still have ordinances relating to the regulation of firearms. How could this have happened? The links provide insight into the problem. http://www.examiner.com/gun-rights-in-ft-myers/florida-preemption-statute-refused-and-abused http://www.examiner.com/gun-rights-in-orlando/florida-community-leaders-willfully-ignoring-state-firearms-laws Simply put, a local jurisdiction could publish an ordinance or regulation in conflict...

One week after Ohio Attorney General Richard Cordray, via the Solicitor General, filed a strong merit brief in support of Ohio's "preemption" law, R.C. 9.68, the National Rifle Association has followed suit, filing an Amicus, or "friend of the court," brief in support of upholding state law. Click here to download the NRA's brief. The National Shooting Sports Foundation has also filed an Amicus brief arguing that the state law, which preempts local governments from passing gun control laws more stringent than state law, be upheld. Click here to download the NSSF's brief. The City of Cleveland v. State of...

Ohio Attorney General Richard Cordray, via the Solicitor General, filed a strong merit brief on Tuesday May 12 in support of Ohio's "preemption" law, R.C. 9.68. This law was enacted via HB347, which passed with overwhelming support in December 2006 over Governor Bob Taft's veto. HB347 remains the only veto-override in Ohio in the past three decades. As I noted at the time of the veto override, one of the critical achievements of R.C. 9.68 was to force the burden of litigation back onto the government and away from individuals or groups. ...the law is doing is already working because...

April 28: Arizona Governor Jan Brewer has signed the the nation's first Knife Preemption Law, advanced by Knife Rights. The bill, SB1153, was passed by bipartisan votes of 36-19 in the Arizona House and 19-9 in the Arizona Senate. It will take effect 90 days after the legislature adjourns, expected this week, and not only prevents political subdivisions from enacting new ordinances and rules, but voids all existing restrictive knife ordinances. In combination with Arizona's recently enacted constitutional concealed carry law, knife owners in Arizona will enjoy the most accommodating knife laws in the country. Click here to read the...

Here is video of former U.N. Ambassador John Bolton on Fox and Friends today, where he said the case for striking Iran is growing. Bolton said Iran's radical Islamic regime sent signals this week that they are still firmly in control, as they kept protests to a minimum on the day Ahmadinejad announced they had successfully enriched uranium. He made the announcement on the 31st anniversary of the "Islamic Revolution" in Iran. Bolton said he believes the "pre-emptive use of military force" is the only way to prevent Iran from obtaining Nuclear Weapons. Since Bolton believes there is "zero likelihood"...

US military commander for the Middle East and the Gulf region has confirmed that the United States has developed contingency plans to deal with Iran's nuclear facilities. Gen David Petraeus, head of Central Command or Centcom, did not elaborate on the plans, but said the military has considered the impacts of any action taken there. Asked about the vulnerability of Iran's nuclear installations, he told CNN: "Well, they certainly can be bombed. The level of effect would vary with who it is that carries it out, what ordnance they have, and what capability they can bring to bear." General Petraeus...

The City of Richland, WA, has de-facto admitted to knowing and willful violations of the U.S. Constitution, the Washington State Constitution and the Revised Code of Washington (RCW) in the matter of an illegal ordinance and sign, referring thereto, claiming authority of the City to completely ban firearms possession in a Public place, the Howard Amon Park in Richland, WA. The sign read "Weapons prohibited, including paintball guns." Both the State Legislatures pre-emption in the RCW and McKennas Opinion AGO 2008 # 8 show that this Ordinance was clearly illegal, pre-empted and repealed. RCW 9.41 is the relevant section and...

·11250 Waples Mill Road ·   Fairfax, Virginia 22030    ·800-392-8683 NRA Sues Seattle Over Illegal Gun Ban Wednesday, October 28, 2009 Fairfax, Va. - Today, the National Rifle Association filed a complaint in the Superior Court of Washington State against the City of Seattle, asking the court to enjoin and declare invalid a recently enacted parks and recreation administrative policy that prohibits firearms in parks, community centers and other city-owned buildings. Other plaintiffs in the case include state correctional officers and private citizens. “NRA members are outraged that the City of Seattle has ignored and defied state law and an opinion of...

Link Only

Russia in a new review of its policy on use of nuclear weapons will reserve the right to undertake a pre-emptive strike if it feels its security is endangered, a senior Kremlin official told a Russian newspaper. Russian and U.S. negotiators are in talks to find agreement on a new bilateral pact cutting stocks of strategic nuclear weapons. Both sides are working to a December deadline for a new treaty to replace the landmark Cold War-era START pact. While Moscow and Washington have made progress in strategic nuclear arms talks, Russia's security may come under threat from regional conflicts and...

MOSCOW (AP) - A top Russian security official says Moscow reserves the right to conduct pre-emptive nuclear strikes to safeguard the country against aggression on both a large and a local scale, according to a newspaper interview published Wednesday. Presidential Security Council chief Nikolai Patrushev also singled out the U.S. and NATO, saying Moscow's Cold War foes still pose potential threats to Russia despite what he called a global trend toward local conflicts. The interview appeared in the daily Izvestia during a visit by U.S. Secretary of State Hillary Rodham Clinton, as U.S. and Russian negotiators try to hammer out...

LINCOLN -- Two state senators hailed the signing of a new law on carrying handguns as a way to make certain law-abiding citizens aren't breaking the law. Nebraska has had a concealed carry law for three years. More than 4,500 permits have been issued. But State Sens. Tony Fulton of Lincoln and Mark Christensen of Imperial said passage of LB 430 this year will make sure that holders of permits will not run afoul of city ordinances that prohibit concealed carry. Christensen cited the example of a motorist speeding down Interstate 80 through Kearney, where concealed handguns were banned. Under...

HB 1278 amended into anti-gun nightmare State Affairs Committee votes to allow a host of city-level gun bans South Dakota Gun Owners Email Alert Network PO Box 3845 Rapid City, SD 57709 605.415.4299 LibertyTeeth@sdgo.org www.SDGO.org March 4, 2009 Senator Gene Abdallah (R-Sioux Falls) is at it again. Many will remember that in years past, Sen. Abdallah supported every single anti-gun bill to be introduced. In 2006, SDGO took him to task for his anti-gun record, forcing him to spend 4 times more money to win re-election. As a result, Sen. Abdallah stopped introducing anti-gun legislation and actually voted pro-gun several...

The South Dakota House says local governments should be barred from adopting ordinances restricting possession of firearms. The House voted 46-20 on Tuesday to pass HB1278, which prohibits townships, counties and cities from adopting general restrictions on firearms. Supporters said the goal is to make laws dealing with carrying firearms uniform across the state. They said people with concealed weapons permits should be able to go from one community to another without fear of violating a local law. The House killed a proposed amendment to let local governments restrict firearms if they posted areas as gun-free zones.

Vice President Biden delivered a clear message to Iran, saying Saturday the U.S. was willing to talk, but will act to isolate and pressure Tehran if it does not abandon its nuclear ambitions and support for terrorism. In a sweeping speech to international leaders and security experts here, Biden said the U.S. will strive to act preventively to avoid having to choose between the risks of war and the dangers of inaction. But he held out the option that the U.S. could take pre-emptive action against Iran if necessary to stop crisis before they start. The U.S., he said, will...

Vice President Joe Biden warned Saturday that the US stands ready to take pre-emptive action against Iran if it does not abandon nuclear ambitions and its support for terrorism. But in his first major policy speech as President Barack Obama's No 2, Biden also declared the US open for talks with Iran and Russia to repair relations. And he reached out to the world with a promise that the Obama administration will work with allies to solve global problems. "We will draw upon all the elements of our power - military and diplomatic, intelligence and law enforcement, economic and cultural...

LINCOLN — City officials across Nebraska were reviewing their options Wednesday in light of an attorney general's opinion that said state law trumps local ordinances banning the carrying of concealed weapons. Lynn Rex, executive director of the League of Nebraska Municipalities, said one possibility might be to seek legislation yet this year. "We are still in the process of assessing the opinion," she said. Rex said the opinion will be a major concern for the communities that have set tighter restrictions on where holders of permits may carry concealed handguns. She said the state law would not have passed had...

October 29, 2008 Gates Defends U.S. Right to Move Against Terrorist Threats By THOM SHANKER WASHINGTON — Defense Secretary Robert M. Gates declared Tuesday that if terrorists tried to acquire or use biological, chemical or nuclear weapons, the United States would have the right to move against any nation or group that assisted them in any way. The comments were the broadest of the Bush administration’s continuing expansion of traditional theories of deterrence and self-defense in a post-Sept. 11 world. In a speech here, Mr. Gates expanded the cold-war military strategy known as deterrence theory, which held that a president...