View Full Version : Ohio court rules state firearms preemption unconstitutional except for conceal carry

11-13-2009, 11:56 AM

Ohio Court rules statewide preemption unconstitutional
November 13, 12:39

The 8th Ohio District Court of Appeals has overturned a trial court's decision and ruled that Ohio Revised Code 9.68, which provided for statewide preemption of gun laws, to be unconstitutional as it pertains to rifles and shotguns and open carry. The 8th District court feels it applies only to concealed carry licensing laws.

Ohio included a note about statewide preemption in the original concealed carry bill in 2004. That wasn't strong enough, so ORC 9.68 was enacted, specifying that:

The individual right to keep and bear arms, being a fundamental individual right that predates the United States Constitution and Ohio Constitution, and being a constitutionally protected right in every part of Ohio, the general assembly finds the need to provide uniform laws throughout the state regulating the ownership, possession, purchase, other acquisition, transport, storage, carrying, sale, or other transfer of firearms, their components, and their ammunition. Except as specifically provided by the United States Constitution, Ohio Constitution, state law, or federal law, a person, without further license, permission, restriction, delay, or process, may own, possess, purchase, sell, transfer, transport, store, or keep any firearm, part of a firearm, its components, and its ammunition.

That wasn't good enough for the 8th District Court, which serves the Cleveland area only. They sided with Cleveland and ruled that ORC 9.68 only applies to concealed carry of handguns and that cities can make whatever laws they feel like making in regards to open carry and restrictions on rifles and shotguns.

As I detailed on the Ohioans For Concealed Carry website, the Court got it wrong and uses faulty logic, grasping at straws in order to ensure a win for Cleveland, especially in ignoring the fact that the Ohio Supreme Court has already found preemption to be Constitutional.

Expect the State to appeal this decision to the Ohio Supreme Court, and expect this biased District court to be overruled.

Further reading: http://www.ohioccw.org/200911134686/cleveland-wins-appeal-regarding-statewide-preemption.html