OH Atty General files Motion to Intervene in Buckeye Firearms Foundation suit against City of Cleveland
Buckeye Firearms Association is pleased to report that Ohio Attorney General Richard Cordray's office has filed a Motion to Intervene in a lawsuit filed by Buckeye Firearms Foundation, Inc. against the City of Cleveland.
The lawsuit was filed by the Ohio not-for profit foundation, to stop the City of Cleveland from prosecuting law-abiding gun owners under local ordinances that restrict gun ownership and concealed carry (CCW). The lawsuit also asks the Court to declare 20 different local ordinances unconstitutional on the grounds of state preemption of firearm laws, on the grounds that the ordinances are in conflict with R.C. 9.68.
In response to the Foundation's complaint, the City filed an Answer alleging that R.C. 9.68 is unconstitutional. The City further argues that R.C. 9.68 is not a general law of the State of Ohio and is therefore an unconstitutional attempt by the General Assembly to preempt local ordinances in violation of the Home Rule Amendment of the Ohio Constitution.
The Attorney General's response was quick and decisive.
On May 29, Cordray filed a Motion to Intervene in this case, in order to "defend this state law."
The Attorney General's office also filed an "Answer of Proposed Intervenor", which "sets forth the following preliminary and/ or jurisdictional defenses":
- R.C. 9.68 is constitutional in all respects.
- R.C. 9.68 is is a valid general law of the State of Ohio.
- R.C. 9.68 does not violate Article XVIII, Section 3 of the Ohio Constitution.
Rather than face the merits of the case, Cleveland has instead asked the court to issue a stay (an order stopping the case).
By way of background, Cleveland sued the state of Ohio in an attempt to overturn R.C. 9.68 in 2007. That case, which was in the Cleveland Common Pleas Court for nearly two years, held that R.C. 9.68 was constitutional, and Court ruled against Cleveland. In other words, the court ruled R.C. 9.68 was constitutional. Cleveland has appealed that decision, and now Cleveland wants the court to stop Buckeye's case while their appeal is processed.
Stated another way, Cleveland wants to go on enforcing their conflicting, illegal ordinances as long as humanly possible, even though every court that has looked at R.C. 9.68 to date has found it valid.
Buckeye Firearms Foundation filed a motion in opposition to the city's request for a stay, as Ohio's gun owners cannot afford another three, four or five years of Cleveland's enforcement of their conflicting, illegal ordinances. That issue has not yet been ruled upon, and the court has scheduled a conference for later this month.
While Buckeye Firearms Foundation is bringing this suit, understand that this is a battle between the individual gun owner and the big city government run amok. WE NEED YOUR HELP TO BATTLE THE FULL RESOURCES OF A CITY CLINGING TO THEIR FAILED GUN CONTROL POLICIES. Your tax-deductible donations are needed so that we can continue to fight for you. Mail checks to:
Buckeye Firearms Foundation
15 West Winter Street
Delaware, Ohio 43015
or click to donate online:
Ohio Attorney General Richard Cordray's 17-page Motion to Intervene and Answer of Proposed Intervenor (.pdf file)
Buckeye Firearms Foundation's 7-page Response to Defendants' Motions to Stay (.pdf file)
Click here for complete information on Buckeye Firearms Foundation's suit against the City of Cleveland, and for links to downloadable court filings.
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