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Court of Appeals says local law enforcement can ban assault type weapons, despite a State pre-emption law.
http://www.ammoland.com/2009/11/13/cleveland-wins-appeal-to-ban-assault-weapons/
Excerpts:
What is it with courts sometimes? How can they can turn reason and plain language on it's head to achieve a pre-determined result? I honestly don't know how they sleep at night.
http://www.ammoland.com/2009/11/13/cleveland-wins-appeal-to-ban-assault-weapons/
Excerpts:
Ohio --(AmmoLand.com)- The 8th Ohio District Court of Appeals has overturned the 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.
. . .In this ruling, the 8th District found that R.C. 9.68 was unconstitutional partially on the grounds of the 1993 Ohio Supreme Court case Arnold v. Cleveland which upheld an assault weapons ban, a case decided thirteen years before R.C. 9.68 was passed preempting such laws.
O.R.C. 9.68 reads:
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.
What is it with courts sometimes? How can they can turn reason and plain language on it's head to achieve a pre-determined result? I honestly don't know how they sleep at night.