Tuesday, May 31, 2011

Buckeye Firearms Foundation, Inc. v. City of Cleveland

Drew Carey tried to save Cleveland, but Cleveland refused to be saved.

How bad is a city government that refused to recognize its state supreme court telling it that it has a loser case? That is what happened here.

Buckeye firearms sued Cleveland because Cleveland's gun laws conflict with state gun laws and the Ohio Revised code contains a clear preemption provision. The City of Cleveland went to the Ohio Supreme Court to challenge the preemption on "home rule" grounds. In Ohio, home rule for municipalities is quite strong, but the City of Cleveland lost in the Supreme Court.

Back in the common pleas court, the City of Cleveland is enjoined from enforcing is onerous, anti-gun laws. A copy of the preliminary injunction is here.

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