May 17
Thursday
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OFCC Sues City of Cleveland Heights, Ohio The sign you see here is posted in Cleveland Heights Parks implying possession of a firearm is a crime. On Friday August 12th, 2011 Ohioans For Concealed Carry Filed a lawsuit against the City the City of Cleveland Heights. The litigation comes after many attempts to resolve concerns over laws that Cleveland Heights not only allowed to remain on their books, but also posted signs at their parks that continue to imply it is illegal to be armed. The City of Cleveland Heights has chosen to ignore our attempts at civil discourse. When individuals have contacted them representing themselves as residents of the City of Cleveland Heights their concerns apparently fell on deaf ears. When representatives of the organization have formally contacted the city's legal representation they've been laughed at and hung up on by the Law Director. It is this arrogance and refusal to work with Ohioans For Concealed Carry that has forced us to seek a remedy through the courts.
Our press release follows.
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Canton PD Event Leads to New OFCC Legislation When officer Harless of the Canton, Ohio police department came upon a vehicle stopped in the roadway most of us were focused on getting restaurant carry legislation signed into law. What took place that evening has become an international viral video, calls for the resignation of the City Council president, and criminal charges against a man who is clearly heard trying to state that he has a license. Ohioans For Concealed Carry has not just raised thousands of dollars in a legal defense fund, but we've written legislation to resolve this matter that Representative Danny Bubp has stated he's going to introduce this fall Read the Full Story

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Ohio Supreme Court To Hear Cleveland Challenge

The Ohio Supreme Court today agreed to hear Cleveland v. State of Ohio, a lawsuit in which the City of Cleveland is challenging the constitutionality of statewide preemption.    The lower courts have twice denied Ohioans For Concealed Carry's efforts to intervene in the litigation despite our role as the plaintiff in the precedent case, Ohioans For Concealed Carry v. City of Clyde.

The local courts agreed with the legislature and refused to overturn preemption, but the appeals court sided with Cleveland and, to a certain extent, challenged the Ohio Supreme Court's precedent on this matter in our case against Clyde.   The Cleveland Plain Dealer has begun covering the story as well.  Updated: Cleveland to fight for its gun restrictions before Ohio Supreme Court

The Supreme Court will hear oral arguments later this year.   In cases like this the position of the legislature (and, in this case, Ohioans For Concealed Carry) will be defended and argued by the Ohio Attorney General's office.  Attorneys representing Ohioans For Concealed Carry will file friend of the court briefs in the coming months.  A pro-gun "win" in this case would be a majority decision overruling the appeals court, maintaining the Ohio Supreme Court's recent precedent in OFCC v. Clyde.

This case highlights the importance of upcoming Ohio Supreme Court justice elections.