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Ohio Supreme Court Proposes More Firearm Restrictions, Public Comments Allowed
Gun Watch ^ | Dean Weingarten

Posted on 10/12/2018 6:20:51 AM PDT by marktwain



Buckeye Firearms has highlighted a case of judicial activism in Ohio.

The Ohio Supreme Court is proposing to change the rules on the confiscation and return of firearms in Ohio, particularly in cases involving orders of protection.

 Sean Maloney, a firearms attorney, has written an analysis of the proposed changes in the rules in Ohio.  Many of the rules make changes that the Ohio legislature specifically refused to implement.  From Sean Maloney's analysis:

Accordingly, Appellate Courts have consistently held that, an order to surrender firearms to police absent a “sufficient nexus,” is an abuse of discretion when no evidence exists that the Respondent to a Civil Protection Order had ever threatened to use, used, or brandished a firearm.  Butcher v. Stevens, 182 Ohio App.3d 77, 2009-Ohio-1754, 911 N.E.2d 928, ¶17 (4th Dist.). 

Therefore, at a minimum, before the Ohio Courts can restrict, limit or deprive a Respondent of their Second Amendment Rights, the Court first must specifically find that there is “substantial nexus” between the Respondent to a Civil Protection Order’s conduct, and the firearms restriction imposed by the Court order. Absent that finding, a Respondent to a Civil Protection Order’s constitutional right to keep and bear arms shall not be restricted. See for example the proposed amendment to Form 10.01-I, page 3 of 6 provision 13, DOMESTIC VIOLENCE CIVIL PROTECTION ORDER (DVCPO) FULL HEARING
 The full analysis lists several major changes in firearms law in Ohio, that will, in effect, be enacted if the Supreme Court changes the procedural rules as proposed.

This is how one branch of government can create major changes in the law without any vote by the legislature.

Buckeye firearms organization is urging Ohio residents to comment on the proposed changes. From buckeyefirearms.org:
Deadline for public comment is Oct. 12.

To comment and demand that these proposed changes not be enacted, email objections to: diana.ramos-reardon@sc.ohio.gov Include your full name and mailing address in any comments submitted by e-mail.
State organizations often are more tuned into potential administrative changes than are national organizations, such as the NRA.

Buckeye Firearms Association has been one of the more active state organizations in the nation.



©2018 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch



TOPICS: Government; Politics; Society
KEYWORDS: banglist; oh; ohio; secondamendment; supremecourt
Last day to make comments on the Ohio Supreme Court changing proceedures on firearms confiscation.
1 posted on 10/12/2018 6:20:52 AM PDT by marktwain
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To: marktwain

Shall. Not. Be. Infringed.

Clear enough?


2 posted on 10/12/2018 6:23:59 AM PDT by MichaelCorleone (Jesus Christ is not a religion. He's the Truth.)
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To: marktwain

This is a function of the court?


3 posted on 10/12/2018 6:25:12 AM PDT by FrdmLvr (They never thought she would lose.)
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To: marktwain

So, courts are now legislatures?


4 posted on 10/12/2018 6:25:30 AM PDT by fwdude (Forget the Catechism, the RCC's real doctrine is what they allow with impunity.)
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To: fwdude

Apparently so. Their dads were probably mailmen.


5 posted on 10/12/2018 6:28:18 AM PDT by ManHunter (You can run, but you'll only die tired... Army snipers: Reach out and touch someone)
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To: marktwain

Why do we even have legislatures? Why should mere peasants even be allowed to vote? Shouldn’t we just let the Lawyers decide how a State and it’s subjects should operate?


6 posted on 10/12/2018 6:29:47 AM PDT by eyeamok
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To: fwdude
So, courts are now legislatures?

What do you think was the *REAL* motivation behind the Kavanaugh tactics?

The socialists know that they cannot win at the ballot box or in the legislature. The courts are their only hope for furthering the socialist agenda.

We must be strong at the ballot box and clean the courts, which are another extension of the swamp.

7 posted on 10/12/2018 6:30:49 AM PDT by Erik Latranyi (The Democratic Party is now a hate-group)
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To: ManHunter

Good one.


8 posted on 10/12/2018 6:32:45 AM PDT by gibsonguy
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To: fwdude
So, courts are now legislatures?
That's been the case for a long while; at least since federal judges began compelling states to integrate their schools.
9 posted on 10/12/2018 6:40:50 AM PDT by Bratch ("The only thing necessary for the triumph of evil is for good men to do nothing." - Edmund Burke)
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To: marktwain
particularly in cases involving orders of protection.

Slippery slope, next stop is allowing orders of protection on "charges" alone without any evidence. Then almost anyone can have their guns taken away. This has been the strategy for years and they found a home in "orders of protection".

10 posted on 10/12/2018 6:43:22 AM PDT by 1Old Pro
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To: marktwain

Courts proposing legislation? Public comments on court action? Am I in the Twilight Zone?


11 posted on 10/12/2018 6:45:52 AM PDT by E Pluribus Bellum
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To: Bratch

...So, courts are now legislatures...
Democrat majority Courts have been legislatures for decades.

The big reason Justice Kavanaugh went through the Democrat Inquisition persecution.


12 posted on 10/12/2018 7:09:35 AM PDT by Sasparilla ( I'm Not Tired of Winning)
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To: marktwain

This sounds like it will get a major smackdiwn on appeal.


13 posted on 10/12/2018 7:21:33 AM PDT by lurk
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To: marktwain

Apparently the Ohio Supreme Court knows nothing about our laws and how they are made. Laws are born in the legislative branch. This applies federally and at the state level.

How odd a court needing to be schooled on the law. Sounds like none of them are qualified to be there.


14 posted on 10/12/2018 7:57:47 AM PDT by Boomer (Cheers to the Triumph of the Trump Admin.)
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To: marktwain

Welcome to Iran Jr...


15 posted on 10/12/2018 11:06:52 AM PDT by SuperLuminal (Where is another agitator for republicanism like Sam Adams when we need him?)
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