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Dispatch: City asks judge to throw out challenge to gun ban
Submitted by cbaus on Thu, 07/28/2005 - 10:22.The Columbus Dispatch is reported recently that Columbus city attorneys have asked a judge to dismiss a lawsuit challenging Columbus’ assault-weapons ban.
From the story:
- Assistant city attorneys Joshua T. Cox and Daniel W. Drake filed a motion yesterday to dismiss the suit because they said Franklin County Probate Court doesn’t have jurisdiction.
The motion also says Phil Harmon, a lawyer running for City Council, doesn’t have standing to file the suit.
Harmon practices estate law. He is one of six candidates for three seats on the council.
He said he’d file a response to the motion next Wednesday.
He said he’ll argue in his response that he does have standing to file the suit, and that the ban conflicts with the state’s concealed-weapons law.
Harmon told the newspaper he filed the suit in probate court because he was concerned that Columbus' new ban the doesn’t exempt people who inherit the banned weapons.
- "It’s a big, gaping loophole that needs to be corrected," Harmon said.
He urged the city’s attorneys to ask the City Council to resolve the issue with an amendment.
Harmon said the ban poses a significant problem for his estate-law practice. Last year, he sold 20 guns he inherited from a deceased client so he could pay that client’s debtors. If he inherits weapons when the ban takes effect Aug. 11, Harmon said he could be prosecuted.
Harmon was due to file a response to the motion yesterday, and then the city will file further arguments Aug. 2.
Legislation is set to be proposed by Rep. Jim Aslanides is which would preempt the many municipal gun control laws across Ohio, and bring Ohio laws into uniformity when it comes to gun rights.
Click on the "Read More..." link below to read some recent letters to the Dispatch editor addressing Columbus' new law, and Aslanides' proposed legislation.










