FLASH: OH Atty Gen files Motion to Intervene in OFCC suit against City of Clyde

1:51pm Wednesday, December 08, 2004

Ohioans For Concealed Carry has learned that Ohio Attorney General Jim Petro's office has filed a Motion to Intervene in a lawsuit filed by OFCC against the City of Clyde. The lawsuit was filed by OFCC to challenge a city ordinance attempting to restrict the lawful carrying of concealed handguns by those licensed by the State of Ohio.

On November 18, after having requested several delays, attorneys for the City of Clyde finally filed their "Answer to Complaint For Declaratory Relief" with the Sandusky County Court of Common Pleas.

City attorneys also went one step further, filing a "Counterclaim for Declaratory Judgement". In it, the City challenges the constitutionality of House Bill 12, alleging that "despite the General Assemblies [sic] attempt to generalize the content of HB12 as stated in Section 9 of the bill, the prohibition in Section 9 preventing municipalities from exercising their constitutional authority to adopt local police ordinances is unconstitutional under Article XVIII, Section 3 of the Ohio Constitution."

Click here to download (.pdf file) the entire Clyde Reponse and Counterclaim.

The Attorney General's response was swift and decisive. Last week, Petro filled a Motion to Intervene in this case, in order to "defend the constitutionality of House Bill 12."

The Attorney General's office also filed a "Notice of Defenses", which "sets forth the following preliminary and/ or jurisdictional defenses":

1. HB 12 is constitutional in all respects.

2. HB 12 does not violate Article XVIII, Section 3 of the Ohio Constitution.

The Notice goes on to state that the Attorney General "specifically reserves the right to assert and defend the constitutionality of each and every provision of the comprehensive statutory plan identified by the Plaintiffs and their Complaint and Defendants in their counterclaim for a declaratory judgement."

Click here to download (.pdf file) Ohio Attorney General Jim Petro's 7-page Motion to Intervene and Notice of Defenses.

Click here to download (.pdf file) OFCC's original 11-page Motion for a Temporary Restraining Order and and for a Preliminary Injunction.

The law-abiding gun-owners of Ohio should be refreshed to see Attorney General Jim Petro continue his strong support for this law. From aggressively seeking reciprocity agreements to intervening in Toby Hoover's anti-gun suit and ultimately getting it dismissed, Attorney General Petro has staunchly defended Ohio's concealed carry law in 2004.

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