Cleveland’s latest effort to restrict the right to keep and bear arms has been struck down by Ohio’s Eighth District Court of Appeals. The city had enacted a series of new gun control laws in April, 2015. Ohioans for Concealed Carry (OFCC) immediately objected, and when the city refused to back down, OFCC sued, asserting that the ordinances violated Ohio state law.

The Common Pleas Court upheld most of the ordinances, striking down only two. OFCC and the City of Cleveland both appealed and, in a well-reasoned opinion, the Court of Appeals invalidated nearly all of Cleveland’s new ordinances. The Court also rejected the city’s appeal.

“This is a major victory against a city that has repeatedly sought to trample the fundamental right of the people to keep and bear arms,” said Jeff Garvas, president of OFCC.

The Court of Appeals noted that the Ohio legislature has sought to establish statewide uniformity for firearms laws, citing the legislature’s firearm preemption statute in 2006. The City of Cleveland had already lost a case directly challenging that law in 2010.

The Court of Appeals has remanded the case to the lower court to award OFCC its attorney fees for having to bring the case. “It’s a shame that the very people whom the City of Cleveland sought to disarm are ultimately going to have to pay the price for the city’s unlawful actions,” said Garvas.

OFCC represents Ohio’s 500,000 concealed carry licensees and has fought for Ohioans’ firearms rights since 1999. We support the rights of law-abiding citizens to exercise their rights under both the Second Amendment and Ohio's Constitution (Article I Section 4).

 

http://www.cleveland.com/metro/index.ssf/2017/04/appeals_court_strikes_down_maj.html#incart_m-rpt-1

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