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Justices say state laws override local ordinances.
Wednesday, December 29, 2010
(Columbus) - The Supreme Court of Ohio Wednesday rejected Clevelands attempt to retain its own gun control laws.
In a 5-2 majority opinion, the Justices upheld a 2006 state law that says only federal or state regulations can limit an Ohioans individual right to bear arms.
The ruling displaces all local gun-control ordinances previously adopted by Ohio municipalities. The Justice say the move does not infringe on the home rule powers of those municipalities under the Ohio Constitution and does not violate the separation of powers doctrine.
Cleveland filed suit in Cuyahoga County Court of Common Pleas challenging the constitutionality of the measure. The city argued that it violated home rule authority because the statute invalidated multiple Cleveland city ordinances regulating the possession, sale and registration of firearms within the city.
The trial court ruled in favor of the state citing a 2008 Ohio Supreme Court decision against the city of Clyde. The city appealed and the 8th District Court of Appeals ruled the measure did violate both the Home Rule Amendment and the separation of powers doctrine. The state sought and was granted Supreme Court review of the 8th Districts decision.
Cleveland's ban on assault weapons is among those invalidated by the 2006 law. The law was passed in a dramatic showdown in 2006 between republican Gov. Bob Taft and the GOP-controlled legislature, which overrode his veto.