Cleveland makes new gun control laws and is in turn being sued.
The city of Cleveland, Ohio is at it again. After a recent tragedy where a child with killed by another child playing with a gun, the legislators of the city of Cleveland have enacted new gun control laws that go against Ohio law that prevent local municipalities from enacting such new laws.
Back in 2007, the Ohio state legislature adopted Ohio Revised Code (ORC) 9.68. This law made it so local municipalities could not make laws that restricted the ownership of guns that went against state laws that barred those restrictions. Prior to 2007, there were a myriad of different laws, making it tough at times to travel through the state and not break the law. One city would say it was alright to own this type of magazine, while another would not. Some allowed guns in local parks, while others didn’t.
ORC 9.68 also echoed the fact that the Ohio State Constitution allows for open carry throughout the state. In 2008, just one year later, the city of Clyde challenged that rule and lost. In 2010, Cleveland also challenged that rule and lost. There have since been a number of cases to repeal illegal laws restricting gun owners in the state.
This is not the first time that the Ohio State Supreme Court has stated that any gun control laws that restrict ownership are illegal and that city codes cannot go above and beyond state law.
Yet despite all that, the city of Cleveland has decided to enact gun laws that are preempted by ORC 9.68. On Monday April 20, the city council enacted new gun control legislature that includes:
- A registry of gun offenders in November
- Requiring private sellers to report sales to police
- Prohibiting the concealed carry of handguns without a permit
- Requiring a gun owner to report a lost or stolen firearm to police
- The law also includes measures that would make it a crime for failure to secure a gun and improperly providing access of firearms to a minor. It would be a misdemeanor punishable up to 6 months in jail and $1,000 fine
As stated, these are obviously in violation of not only 9.68 but of the Ohio State Constitution. After warning that they would take Cleveland to court if these laws were passed, on April 21 Ohioians For Concealed Carry (OFCC) has sued the city for violation of state laws. Again. In the 2010 Cleveland case, OFCC filed the suit in court.