Suit seeks the beginning of the end for local gun ordinances
"The (Clyde) case is clearly the legal precipice for licensed concealed carry in Ohio. From this point forward either persons with a concealed carry license will be able to rely upon their status under state law without regard to the politics of local governments, or they will be facing unknowing criminal prosecution every time they pass over a municipal incorporation boundary limit. License holders should be allowed to travel the state’s roads without constantly facing harassment and threat of criminal charges from activist local governments that are attempting what amounts to a referendum by fiat.
With these words, Ohioans For Concealed Carry has asked the Sandusky County Common Pleas Court to strike down the City of Clyde’s park ban ordinance, and to issue an injunction prohibiting ANY AND ALL conduct on the city’s part attempting to interfere with lawful concealed carry. (Click here to download and read the entire brief in .pdf format)
For the first time since HB12's passage, a Court of law is being asked to rule that municipalities no longer have authority to regulate concealed carry with regard to persons holding a CHL.
Ken Hanson, Litigation Chair in OFCC’s Office of General Counsel, said of the filing:
"State law is state law, and it means what is says. The Attorney General agrees, and his newly-issued opinion on fairgrounds reinforces that. If a municipality does not like some aspect of licensed concealed carry, then they should gather their evidence proving what the problem is, and then go back to the General Assembly for changes. That is what gun owners in Ohio had to do for over a decade."
In addition to challenging Clyde's park ban ordinance, the suit also seeks, preemptively, a broad Order preventing Clyde from attempting to apply the following types of laws to persons with a CHL:
The City of Clyde has filed a counter-claim seeking to have one part of HB12, Section 9, declared unconstitutional.
"This is the part that is baffling to me. Our arguments have nothing to do with Section 9, and Section 9 is not mentioned in our pleadings anyplace. The case law on this issue has existed for decades, with or without Section 9. Even if Clyde does succeed, which is not likely, all that means is that Section 9 would be severed from HB12, and all of our arguments would still stand unscathed," said Hanson.
Asked about the fact that Clyde's counter-suit would have no legal effect, even if successful, OFCC spokesperson Jim Irvine said "The law on this could not be more clear. One has to wonder what Clyde residents think about their tax dollars being spent on ego trips that have no basis in law."
Attorney General Jim Petro has intervened in the suit to defend the state law, and argue that statewide regulation of concealed carry means that local ordinances are invalid. It is expected that his pleadings will be available for posting any day.
Click on the "Read More..." link below for information on how you can help fund this lawsuit.
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