Legal Shootout Between New Law and Gun-Grabbing Mayor Frank Jackson

From the peedee:

Cleveland challenged a state law Wednesday that makes it illegal for the city to make its own gun laws, such as banning assault weapons.

Cleveland filed suit in Cuyahoga County Common Pleas Court on the same day the state law throwing out local gun ordinances took effect.

At a news conference announcing the suit, Mayor Frank Jackson said Cleveland will continue to enforce its gun laws, which include prohibiting minors from possessing firearms and banning the sale and possession of assault weapons.

Cleveland's laws were deemed illegal under a new provision of the state concealed-carry gun law legislators adopted last December by overriding a veto by departing Gov. Bob Taft.

The state law, which allows concealed-carry permit holders to drive with their weapons holstered and hidden, revised an existing law. But it also added a provision nullifying more than 80 local firearm ordinances.

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Jeff Garvas, president of Ohioans for Concealed Carry, a group that lobbied for and helped write the state law, expects Cleveland's suit to fail.

He said courts have ruled against the city's home rule, noting a ruling last month in which a local judge found Cleveland's residency laws for city employees unconstitutional.

The city is appealing that decision on grounds that a state law banning residency violates home rule's self-governance provision.

Garvas said cities shouldn't have the power to make gun laws because it creates a patchwork of inefficient ordinances instead of seamless, broad-based state laws.

"Since city laws are misdemeanor, they don't have the teeth to put someone in jail for a reasonable amount of time," he said.

Home rule was never intended to allow cities the right to limit constitutionally protected rights. I am just trying to imagine how liberal newspaper reporters and Democrats would react if- for example- Cincinnati banned all forms of abortion, and claimed "home rule" in their defense. And unlike the right to bear arms, the right to kill unborn babies is no place to be found in the federal or state constitution!

Maybe if Cleveland redirected half of the energy it uses to limit law abiding citizens from owning guns and focused it on improving their dismal business climate, maybe their city wouldn't be so inexcusably destitute.

UPDATE: Case Western Reserve University School of Law Professor Jonathan Adler opines, "Given how Ohio courts have dealt with home rule issues in the past, I would expect Cleveland's suit to fail."